History of state and law
Reference:
Dudin P.N., Bazarov K.Y.
Transformation of the legal status of the Mongol lands that became part of the Manchu provinces during the creation of Heilongjiang, Liaoning and Girin
// Law and Politics.
2023. ¹ 12.
P. 1-8.
DOI: 10.7256/2454-0706.2023.12.69278 EDN: TIFHSM URL: https://en.nbpublish.com/library_read_article.php?id=69278
Abstract:
The subject of the study is the process of changing the legal status of Mongolian lands, which before the beginning of the twentieth century were united into the polities of Outer Mongolia, Inner Mongolia, Barga (Hulun-Buir), which had the status of autonomous states within the Qing Empire. Having guarantees of immunity from the penetration of the Chinese population into their borders, these lands preserved the ancient tribal way of life, the division of the principality (khoshuns) led by the Dzasaks – the descendants of Genghis Khan or his brother Khasar. However, Chinese colonization, which began in the 1880s, the political weakness of the emperors and the objective need to expand the living space of the Han population of the huge empire, forced the central authorities in Beijing to violate ancient agreements, begin to alienate the lands of the khoshuns and create on them the Chinese system of administrative-territorial devices. The research methodology was based on an interdisciplinary approach based on tools from a number of humanities: ideographic, or descriptive-narrative method, the principle of historicism, retrospective method, periodization method, comparative legal method, reconstruction method, structural method and narrative approach, and also, taking into account the legal component of the phenomenon under study – the dogmatic method and the method of legal hermeneutics. The scientific novelty of the work lies in the fact that for the first time in modern domestic science, the process of transition from the clan organization of the Mongolian and Manchu lands to its modern state has been reconstructed, while considering it in the context of the continuity of key territorial structures, a significant part of which is currently functioning in the Chinese People's Republic Republic (provinces and districts).
Keywords:
Inner Mongolia, China, khoshun, county, provinces, administrative-territorial division, legal status, Manchuria, colonization, retrospective maps
Human and state
Reference:
Zyablikov A., Maksimenko A.A., Akhunzyanova F.T., Zaitsev A.V.
Popular vote as a form of online dialogue between government and society
// Law and Politics.
2023. ¹ 12.
P. 9-26.
DOI: 10.7256/2454-0706.2023.12.69332 EDN: RHLGOD URL: https://en.nbpublish.com/library_read_article.php?id=69332
Abstract:
The authors consider the popular vote as a mechanism of convergent movement of power and society in the context of the formation and development of the digital public sphere. The theoretical and methodological basis of communication between government and society is analyzed. The search for modern forms of dialogue between government and society is made in the context of discussions on the use of remote electronic voting (DEG) in the electoral process. The role, opportunities, prospects and risks of online voting in Russian regional and municipal practice are assessed, in particular, in the implementation of the program "Formation of a comfortable urban environment", which is a positive experience of equal and effective interaction between government and society, offers one of the possible directions of public dialogue, the essence of which is the transition from an archaic subject-object models for intersubjective communication. The research is based on a dialectical understanding of socio-cultural processes and phenomena, on general scientific and logical methods of cognition. Statistical, institutional and comparative methods are used. The scientific novelty lies in the study of online voting as an effective form of achieving public consensus within the framework of a specific federal program. It is noted that online voting corresponds to the electoral culture of Russian society, its conventional features. The necessity of broad inclusion of citizens in the discussion and implementation of land improvement programs and other socially significant projects is substantiated. The motives that provide these programs with significant public support are revealed. The data characterizing the quality of the urban environment in the Central Federal District are summarized and analyzed. The conclusion is made about the relationship between the popular vote and the growth of the urban space quality index. The resources of the urban environment quality index and the popular vote are evaluated as conditions for the formation of a healthy competitive field, where the main engine is awareness of the responsibility of the administration and residents of the region for the prestige of their region. Recommendations are formulated on the institutionalization of online voting to solve problems that determine the current regional and municipal agenda.
Keywords:
quality of the urban environment, landscaping, federal program, institutionalization, electoral culture, online communication, popular vote, intersubjective discourse, dialogue between government and society, digital public sphere
Jurisprudence
Reference:
Chereshneva I.
Experimental legal regime in the field of digital innovations: on the issue of ensuring legal certainty
// Law and Politics.
2023. ¹ 12.
P. 27-34.
DOI: 10.7256/2454-0706.2023.12.69354 EDN: HJYXLO URL: https://en.nbpublish.com/library_read_article.php?id=69354
Abstract:
The rapid development of digital technologies that transform objective reality by their implementation, combined with the need for the Russian state to rely mainly on internal resources (which is due to the introduction and expansion of the sanctions regime of unfriendly countries against Russia), "calls" for the search for effective mechanisms and tools capable of: 1) to ensure technological sovereignty, 2) to mobilize the digital economy, 3) to preserve the well-being of our society. One of these mechanisms may be an experimental legal regime in the field of digital innovation (hereinafter referred to as EPR), the study of the essence of which is the subject of this work. In the course of the research, the author pays special attention to: 1) consideration of the category "legal experiment"; 2) disclosure of the essence of the EPR through the study of the category "legal regime of entrepreneurial activity", including within the territories with a special regime of entrepreneurial activity; 3) consideration of the issue of ensuring the principle of legal certainty in the context of the EPR. The following methods of scientific research were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. The main conclusions of the conducted research are: - firstly, the system of entrepreneurial legal regimes can be represented by the following triad: general, special, extraordinary; in relation to territories with a special regime of entrepreneurial activity, when it comes to a special preferential regime; - secondly, the dual legal nature of the EPR makes it possible to consider it both as one of the types of territory with a special regime of entrepreneurial activity, and as a legal experiment; - thirdly, the intermediate place of the EPR between the advanced legal regulation is determined and the postponement of legal regulation, which allows us to talk about the dynamism of legal certainty; fourth, EPR can be considered as an effective means of overcoming the effect of lagging legislation only when legality is not replaced by expediency.
Keywords:
legality, preferential treatment, a legal experiment, preferences, regulatory sandboxes, special business regime, legal certainty, the legal regime of entrepreneurship, digital innovations, experimental legal regime
State institutions and legal systems
Reference:
Kurakin A.V.
The legality of the application of administrative coercion measures in the activities of the police
// Law and Politics.
2023. ¹ 12.
P. 35-46.
DOI: 10.7256/2454-0706.2023.12.43773 EDN: GNLTXS URL: https://en.nbpublish.com/library_read_article.php?id=43773
Abstract:
The article draws attention to the problems of ensuring legality in the application of administrative coercion measures. This problem is one of the most important, since during the application of coercive measures, restrictions on the rights of citizens are carried out. Administrative coercion is applied only if there are appropriate grounds, which is partly a guarantee of compliance with the requirements of legality in the application of appropriate coercion. The author drew attention to the guarantees of legality, which must be taken into account when applying administrative coercion measures, these guarantees can be both material and procedural. Procedural guarantees are more in demand when applying measures of administrative and procedural coercion, they are associated with the action of administrative responsibility. The problems of ensuring the rule of law are relevant for all areas of law enforcement activities of the police. One of the activities of the police is administrative activity. The police use a wide variety of forms and methods that are of an administrative and legal nature, in this regard, the guarantees of legality also have an administrative nature. The author drew attention to the essence of these guarantees, carried out their classification according to their functionality and regulatory consolidation. The author concluded that the guarantees of legality predetermine the effectiveness of the administrative activities of the police, in the widest range of its implementation. The scientific novelty of the article is determined by the fact that the author has formulated a number of proposals that will make it possible to improve the quality of administrative activities of the police.
Keywords:
condition, control, requirement, principle, compliance, police, law and order, coercion, legality, method
Theory
Reference:
Embulaeva N.
The role of the legal service in the implementation of the systematization of legislation
// Law and Politics.
2023. ¹ 12.
P. 47-54.
DOI: 10.7256/2454-0706.2023.12.69380 EDN: IHSZNA URL: https://en.nbpublish.com/library_read_article.php?id=69380
Abstract:
The object of the study is public relations on the systematization of legislation and the activities of the legal service of a public authority. The subject of the study is public relations related to the work of the legal service of a public authority and a local government body on codification, consolidation, incorporation and accounting of normative legal acts. The author examines in detail such aspects of the topic as the formation of a classifier of legal acts, the development of a methodological basis for the classification of normative legal acts. Special attention is paid to the practical aspects of the classification of normative legal acts, as well as the need to create a Code of Laws of the Russian Federation based on the classifier. The historical background of the work on the systematization of legislation is analyzed. The role and powers of the legal service of the authority in the field of systematization of legislation are determined. The methodological basis of the research is philosophical and logical methods of cognition. Formal legal and comparative legal methods were used in the study of specific forms of systematization of normative legal acts. The novelty of the scientific research consists in studying the role of the legal service of a public authority and a local government body in carrying out work on the preparation of codified and consolidated normative legal acts. Legislative work should be systematic, which should be facilitated by the classifier of legal acts. It should be official in nature and contribute to the unification of legislation at both the federal and regional levels. It should also be based on the existence of branches in the legal system and branches of the legislative system when compiling the classifier headings. The subject criterion should be key and take into account the structure of the legal system and the system of legislation. The author comes to the conclusion that it is premature to start active work on the formation of the Code of Laws of the Russian Federation, since this is due to significant financial investments, as well as the lack of proper stability of legislation. Currently, there is an active formation of new legal institutions and the formation of new branches of law. Therefore, codification should come to the fore. Currently, not only the legal services of specific public authorities, but also private individuals, are doing an excellent job with the issues of incorporation and accounting.
Keywords:
The Code of Laws, classifier, incorporation, accounting, codification, consolidation, systematization of legislation, the authority, Legal service, the system of legislation
Law practice
Reference:
Mironchik A.S., Kachina N.V.
Some of the problems of legal assessment of a person’s actions to take possession of the property he found
// Law and Politics.
2023. ¹ 12.
P. 55-66.
DOI: 10.7256/2454-0706.2023.12.69407 EDN: FSYEMM URL: https://en.nbpublish.com/library_read_article.php?id=69407
Abstract:
The subject of the study is the main issue of distinguishing a civil tort from a criminally punishable theft in the case of appropriation of a found thing. The study attempts to resolve this issue taking into account the position of the Constitutional Court of the Russian Federation, expressed in the resolution adopted in 2023, as well as taking into account current trends in the formation of law enforcement practice and scientific positions. Two main situations related to the legal assessment of the acquisition of property by a person who has left the owner's possession against his will are analyzed: 1) the secret possession of someone else's thing by a person who observed its loss by the owner and had a real opportunity to immediately inform the owner of the loss or return the thing to him; 2) the seizure by a person of the property found by him, when the circumstances of the loss of this property from the possession of the owner are not known to him. The issue is being considered on the basis of a comparative legal and systematic analysis of the provisions of civil legislation regulating the procedure for handling a find, and the norms of criminal legislation establishing liability for theft. In analyzing the main problem, the classification of found property developed in the doctrine of criminal law was used and, taking into account the formal legal method, an assessment of the facts of its seizure was given. As a result of the conducted research, the approach is justified that taking possession of a find does not qualify as theft of property if there are three necessary conditions: the absence of individually defined signs in the property, according to which the owner of the property can be identified; the person who discovered the find does not take active actions to seize it until the final termination of ownership of the thing has been definitively terminated, which is reliably known to the person who discovered the find (for example, it is located in a place unknown to the owner (or another owner), or the thing is abandoned, which the owner refused, which is reliably known to the person who discovered the find. The stated provisions will allow law enforcement officers to unambiguously resolve the issues of qualification of those acts that form signs of theft in cases of illegal seizure of found property and its conversion in their favor or in favor of other persons.
Keywords:
seizure of property, forgotten thing, appropriation of the found, left thing, lost thing, abandoned property, found property, find, theft, larceny
Law and order
Reference:
Danilovskaia A.V.
Criminalization as an element of criminal law policy in the field of fair competition protection
// Law and Politics.
2023. ¹ 12.
P. 67-85.
DOI: 10.7256/2454-0706.2023.12.69454 EDN: APKLDR URL: https://en.nbpublish.com/library_read_article.php?id=69454
Abstract:
The object of the study is the criminal law policy in the field of protection of fair competition, namely the criminalization of violations of antimonopoly legislation as its element. The subject of the study is normative legal acts providing for the protection of fair competition, legal acts justifying the priority directions of modern criminal law policy in the field of competition protection, principles of criminalization, statistical data of the antimonopoly authority and the Supreme Court of the Russian Federation, as well as scientific research, including dissertations, scientific publications on criminal law policy in general, issues criminalization, general theoretical criminal law phenomena, criminal liability for certain types of crimes. The purpose of the work is to study the criminalization of violations of antimonopoly legislation, taking into account the principles of criminalization developed in science in order to justify the introduction of a criminal law ban on their commission. The research methodology is based on general scientific and private scientific methods: system analysis, logical, comparative, formal dogmatic, historical methods, classification method. The novelty of the study lies in the fact that the analysis of the set of criminalization principles made it possible to establish the validity of criminalization of anticompetitive acts, on the basis of an economic approach, to conclude about the ratio of public danger of types of anticompetitive acts, potentially identical risks that they carry for the economic security of the country; by analyzing the practice of applying criminal law norms in the activities of law enforcement agencies, it was possible to identify the problems of law-making and law enforcement, which had not previously been carried out in the science of criminal law. The findings can be especially useful in legislative, scientific and educational activities. The result of the work is a conclusion about the validity of criminalization of anti–competitive acts, the need to improve the Criminal Code of the Russian Federation, taking into account the prohibitions of a special law - the Federal Law "On Protection of Competition". At the same time, it was concluded that there are problems both in lawmaking and in law enforcement, which requires changing the relevant provisions of the Criminal Code of the Russian Federation in order to increase the effectiveness of countering anti-competitive crimes.
Keywords:
protection of competition, violations at auction, criminal liability, principles of criminalization, crime against competition, unfair competition, cartel, criminalization, anti-competition agreements, criminal law policy
Authority and management
Reference:
Bukalova S.V., Modnikova T.N., Korneichev A.Y.
Index approach to assessing the quality of the urban environment as a tool for improving the efficiency of municipal management
// Law and Politics.
2023. ¹ 12.
P. 86-95.
DOI: 10.7256/2454-0706.2023.12.44098 EDN: ENMXIQ URL: https://en.nbpublish.com/library_read_article.php?id=44098
Abstract:
The article explores the current state of assessing the effectiveness of local self-government bodies in terms of their focus on improving the quality of the urban environment. The criteria used by regional authorities, the Ministry of Construction of the Russian Federation and the state Corporation VEB were compared.The Russian Federation in various procedures for such an assessment. The urban environment is considered as a complex object of municipal management, directly determining the quality of life in the municipality. The index approach to quality assessment makes it possible to integrate both objective and subjective indicators, obtaining a holistic view of the dynamics of changes in the quality of the urban environment as a result of the implementation by municipal authorities of the state policy of improving the quality of life of the population. It is concluded that the quality of the urban environment is not the subject of assessment of municipal authorities by the authorities of the constituent entities of the Russian Federation, and therefore occupies a secondary place among the areas of work of municipal authorities. An auxiliary role is played by the Urban Environment Quality Index and the Quality of Life Index in Russian cities, which include some indicators that are also used in assessing the effectiveness of municipal management. Thus, in order to intensify the efforts of local self-government to develop the urban environment and improve the quality of life in municipalities, it is necessary to include indicators of improvement and a comfortable environment in monitoring the effectiveness of the activities of local self-government bodies of urban districts.
Keywords:
quality assessment, municipal management, quality index, quality of life, development of territories, urban environment, national projects, landscaping, local self-government, efficiency of management
Human and state
Reference:
Kaluzhina M.A., Pestov V.V.
Probation in the Russian Federation: subjects of resocialization
// Law and Politics.
2023. ¹ 12.
P. 96-105.
DOI: 10.7256/2454-0706.2023.12.69379 EDN: ESRDNJ URL: https://en.nbpublish.com/library_read_article.php?id=69379
Abstract:
Based on a study of the current stage of penal policy, the goals of the probation institution, the legal normative provisions of the Federal Law “On Probation in the Russian Federation” are analyzed. A list of functions and forms of resocialization influence of subjects of probation influence on persons under probation control is given: provision of services, client-centric approach, support for society institutions. The authors determine the essence of the basic categories of the problem under study with an emphasis on today's socio-criminological assessments. The main conclusions of the study are the need to supplement the list of probation subjects; the importance of a multi-level system of normative legal regulation of the probation in resolving issues of resocialization; openness of functioning of the probation institution with the support of civil society. Based on an analysis of the essence of the probation and the content of correctional interventions, a conclusion is drawn about the specific nature of the resocialization process, its duration, stages, sequence, continuity, dynamism, and interconnectedness of the actions of subjects whose competence includes issues of guardianship and support for offenders. The importance of variability of measures used in the resocialization and social adaptation of a convict has been proven, possible ways to control his behavior, and subjects capable of providing services in the field of probation are proposed. The need to study foreign experience in the field of probation is substantiated to develop the most effective ways to achieve the goals of punishment, successful practices of resocialization, and social adaptation of convicts.
Keywords:
competencies, civil society, security, crime prevention, probation institution, probation objects, probation subjects, resocialization of inmates, social adaptation, guardianship
Human and state
Reference:
Iakovlev-Chernyshev V.A.
The Idea of a Social State as a Basis for the Legal Regulation of the Social Sphere in the Russian Federation
// Law and Politics.
2023. ¹ 12.
P. 106-118.
DOI: 10.7256/2454-0706.2023.12.69427 EDN: ESXNQP URL: https://en.nbpublish.com/library_read_article.php?id=69427
Abstract:
The object of the study in this article is the idea of a social state and the potential in it from the perspective of legal regulation of the social sphere in Russia. The aim of the study is to identify the directions of implementation of the idea of a social State in the framework of the social policy of Russia and to develop theoretical and practical recommendations. To achieve the goal, the article studies: the essence of the idea of a social state, including the relationship between the concepts of «social state» and «constitutional state »; stages of formation and development of the social state; social rights and freedoms of the person and the citizen as a component of the system of constitutional values; evaluation concepts « decent life», « free human development ». The methodology of the study is based on a system, complex and specific historical approaches, includes a set of general scientific and private scientific methods of research, including analysis, synthesis, logical, system-structural, formal-legal, historical-legal, etc. The following main results were obtained: the main approaches to the interpretation of the concept of «social state» were systematized, which allowed to clarify its essence and reveal the relationship with the concept of «constitutional state»; the stages of formation and development of the social state in relation to the peculiarities of fixing this concept in the legislation have been analyzed; the approaches to determine the place of social rights and freedoms of man and citizen in the hierarchy of constitutional values were systematized; formal criteria for the definition of the concept of «decent life» and the author’s interpretation of the concept of «free human development» have been proposed. The findings and results obtained can be used in further legal studies, as well as in public authorities.
Keywords:
socialist state, social rights, human rights system, constitutional values, decent life, constitutional amendments, constitutional state, social state, free human development, social legislation