Human and environment
Reference:
Ustyukova V.V.
Transfer of agricultural lands to lands of other categories: some issues of theory and practice of law enforcement
// Law and Politics.
2023. ¹ 8.
P. 1-12.
DOI: 10.7256/2454-0706.2023.8.43928 EDN: WLYTPC URL: https://en.nbpublish.com/library_read_article.php?id=43928
Abstract:
The Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" (hereinafter referred to as Law No. 172-FZ) was adopted in December 2004. Since then, the socio-economic situation in the country and the legislation have changed significantly. However, they were not actually reflected in the Law, since only minor changes were made to it during almost 19 years of operation of the law. Over the past time, a lot of experience has been accumulated in theoretical understanding and practical application of this law, which is discussed in this article. The author does not pretend to be a comprehensive disclosure of the topic, since it is impossible to do this in one article. Nevertheless, the article reflects the author's position on a number of controversial issues of the theory and practice of legal regulation of the relations under consideration.The scientific novelty of the work consists in the study on the basis of formal legal and comparative legal methods of the latest judicial practice, the formulation of proposals to eliminate the legal uncertainty identified in the course of the work of some concepts used in the Law and other proposals to improve legislation in the field under consideration. In the light of solving the problem of rational use of agricultural land and preventing the unjustified disposal of agricultural land from use in the agricultural sector, the scientific understanding of controversial theoretical and practical issues of the transfer of these lands to lands of other categories is of particular relevance.
Keywords:
exceptional cases of transfer, land transfer, especially valuable agricultural lands, agricultural land plots, mining, agricultural lands, land disposal, sustainable development, economic turnover, agriculture
Human and environment
Reference:
Ignat'eva I.A.
Problems of attribution of information in the field of agriculture to environmental information
// Law and Politics.
2023. ¹ 8.
P. 13-21.
DOI: 10.7256/2454-0706.2023.8.43926 EDN: WMBZCJ URL: https://en.nbpublish.com/library_read_article.php?id=43926
Abstract:
Environmental protection and agriculture are related areas of legal regulation, closely interrelated and mutually dependent. The systems of information in the field of agriculture and information on environmental protection overlap in terms of assessing the condition of land and other natural resources used for agricultural activities, and in terms of assessing the negative impact of such activities on the environment. The purpose of the study is to determine the content and significance of environmental information as part of the information that is indicated in the acts of agrarian legislation. In the work, the author applied methods of comparison, analysis, synthesis of information. It is established that in the legislative acts regulating relations in the field of agriculture, information and information support, as a rule, are allocated structurally, terminologically, meaningfully. It is concluded that giving specialized information in the field of agriculture the status of environmental information increases the level of accessibility of information. At the same time, the legislation on environmental protection implements the concept of specifying environmental information in the list approved by the Government of the Russian Federation. This approach is associated with the problems of attributing certain information concerning the state of the environment specified in agricultural legislation to environmental information, despite their ecological content.
Keywords:
state agrarian policy, agriculture, state of the environment, environmental information, agricultural land, information, soils, law, environmental protection, environment
Law and order
Reference:
Pastushenko A.A.
The subject of inappropriate spending of budget funds: some problematic aspects
// Law and Politics.
2023. ¹ 8.
P. 22-37.
DOI: 10.7256/2454-0706.2023.8.43884 EDN: WAWPGP URL: https://en.nbpublish.com/library_read_article.php?id=43884
Abstract:
The subject of this study is some issues related to the subject of inappropriate spending of budgetary funds. The regulatory and law enforcement framework, which discloses the content of the official of the recipient of budget funds as a subject of inappropriate spending of budget funds, is systematically evaluated. There are different views of executive authorities and judicial bodies regarding the inclusion of persons with the status of an official, but carrying out activities in organizations that are not participants in the budget process in the form of recipients of budget funds, among the subjects of inappropriate spending of budget funds. The analysis of the inverse correlation of the categories "official of the recipient of budgetary funds" and "official" is carried out on the example of the All-Russian public-state movement of children and youth. When writing the article, the following methods were used: dialectics, formal logic, system analysis, statistical, lexical, modeling, formal-legal, comparative-legal. According to the results of the conducted research, it is established that it is impossible to bring to criminal responsibility for the misuse of budgetary funds officials of individual organizations involved in the expenditure of budgetary funds, but not included in the budget legislation of the Russian Federation among the recipients of budgetary funds. For the first time, the possibility of bringing to criminal responsibility for the misuse of budgetary funds of persons engaged in activities in the All-Russian socio-state movement of children and youth is analyzed. As a result, it was determined that not every participant in public relations, endowed with the powers of a recipient of budgetary funds, meets the characteristics of an official, which excludes the possibility of applying Article 2851 of the Criminal Code of the Russian Federation "Inappropriate expenditure of budgetary funds" in relation to him. The options for getting out of this situation are presented.
Keywords:
participant in the budget process, special subject, abuse of power, budget, misappropriation, budget resources, official, recipient of budgetary funds, subject of crime, social movements
Conflict: tools of stabilization
Reference:
Ahmadov E.M.
The OSCE system of peaceful settlement of disputes: international legal issues
// Law and Politics.
2023. ¹ 8.
P. 38-58.
DOI: 10.7256/2454-0706.2023.8.43981 EDN: YEMNLD URL: https://en.nbpublish.com/library_read_article.php?id=43981
Abstract:
The subject and purpose. The subject of this study is the international legal norms regulating the activities of the OSCE in the field of peaceful settlement of disputes. The purpose of the study is to identify the international legal reasons for the low effectiveness of the OSCE's activities for the peaceful settlement of disputes. Materials and methods. The study was conducted on the basis of: the main documents and decisions of the OSCE decision-making bodies; Russian and foreign legal literature, which highlights the issues of the research topic; as well as materials from news sites, especially materials from the official OSCE website. In the course of the research, such general scientific methods as analysis, synthesis, inductive method, system method and historical method were used, as well as such special methods of legal science as the formal legal method, the method of comparative legal analysis and the method of legal experimentation. Scientific novelty. The reasons why the OSCE participating States do not turn to the elements of this system to settle their disputes, for example, to resolve conflicts in Abkhazia, Transnistria, etc., were identified. A number of proposals were put forward to improve and optimize the OSCE's activities for the peaceful settlement of modern international conflicts. Discussion and conclusions. Despite the significant achievements of the OSCE in the peaceful settlement of conflicts, it can be argued that today the OSCE is becoming weaker, losing the successes achieved in the 1990s thanks to the efforts of leading politicians and international lawyers.
Keywords:
peacekeeping, OSCE mediation, consensus, Conciliation Commission, Valletta Mechanism, Stockholm Meeting, intrastate disputes, conflict, Helsinki Final Act, peaceful settlement of disputes
State institutions and legal systems
Reference:
Korobko K.I.
Contents of the concept of legal regulation of relations in the provision of paid medical services
// Law and Politics.
2023. ¹ 8.
P. 59-67.
DOI: 10.7256/2454-0706.2023.8.44059 EDN: XVTXVG URL: https://en.nbpublish.com/library_read_article.php?id=44059
Abstract:
The article presents the main provisions of the author's concept of legal regulation of relations in the provision of paid medical services. The content of the basic elements of this concept is revealed, among which the central place is occupied by the mechanism of legal regulation of relations in the provision of paid medical services. The author has identified a system of legal goals in the mechanism of legal regulation of relations in the provision of paid medical services, formed a general idea of the system of legal means in this mechanism, and analyzed their implementation in legal activities. The purpose of the work is to highlight the main provisions of the author’s concept of legal regulation of relations in the provision of paid medical services. Scientific results were obtained on the basis of a set of scientific and methodological approaches: categorical, conceptual, instrumental, systemic, axiological. On a theoretical and methodological basis, the author studied the mechanism of legal regulation of the relations under consideration. The optimal combination of private law and public law means in the mechanism of legal regulation of relations for the provision of paid services was identified; these means were studied in the activity aspect and assessed from the point of view of their achievement of the legal goals of this mechanism. The concept developed by the author has a high scientific and practical significance and helps to improve the legal regulation of relations in the provision of paid medical services to ensure the preservation and strengthening of people’s health, the prevention and treatment of diseases based on the coordination of multidirectional legal goals of the participants in these relations.
Keywords:
methodology, entrepreneurial activity, medical activities, legal activity, legal means, legal purposes, public relations, legal regulation mechanism, paid medical services, legal regulator
Human and state
Reference:
Tarkhanova A.V., Avdeev D.A.
The problems of the unity of the Russian people and the issues of its solidarity in modern conditions
// Law and Politics.
2023. ¹ 8.
P. 68-79.
DOI: 10.7256/2454-0706.2023.8.43990 EDN: XYGODX URL: https://en.nbpublish.com/library_read_article.php?id=43990
Abstract:
In the conditions of global turbulence and global challenges, the basis for the formation of a new, patriotic and law-educated society is to take the necessary measures to raise the level of legal consciousness, reduce absenteeism and legal nihilism, which will allow Russian citizens to soberly assess certain foreign challenges. The solution of this issue primarily involves its consideration from three sides: from the state, the adult population and youth. The efforts of the state in the field of increasing the level of unity and patriotism of the Russian people will generally raise the level of legal literacy of both adults and young people. The article examines the approaches of different authors to the understanding of the terms "patriotism", "solidarity" and "unity of the people". The normative legal acts, national development strategies and federal programs aimed at increasing the level of patriotism, strengthening the unity of the Russian nation and the ethno-cultural development of the peoples of Russia are considered. Through the analysis of historical events and the attitude of the population to the National Unity Day in Russia, conclusions are drawn about the possible causes of the low level of patriotism among the Russian population, and on the basis of these conclusions, a number of measures are proposed to strengthen the unity of the people and its solidarity in modern conditions.
Keywords:
political consciousness, civil society, multinationality, legal education, patriotic education, all-Russian identity, solidarity, patriotism, legal consciousness, unity of the people
Legal and political thought
Reference:
Semenov V.A.
Methodology for analyzing the decision-making process in the political system according to the CACI method
// Law and Politics.
2023. ¹ 8.
P. 80-114.
DOI: 10.7256/2454-0706.2023.8.43823 EDN: XYWCXN URL: https://en.nbpublish.com/library_read_article.php?id=43823
Abstract:
This article presents a method for analyzing the decision-making process in a political system. The subject of the study is represented by the core of political decision-making, which is one of the subsystems of the political system. The object of the study is the political system of society. The study examines how the core of political decision-making interacts with the rest of the subsystems of the political system within short and long political cycles, and analyzes the stages of the political decision-making process. At the same time, within the framework of this work, the political system itself is presented in the context of a synergistic paradigm, as an open dynamic system included in the contour of social processes. The novelty of the study lies in the development of the CACI (conditions-actors-competition-implementation) method used to analyze the core of political decision-making. In the process of research, a revision of the internal content of the political system is also carried out according to the model of G. Almond, in particular, the separation of such an element as the core of political decision-making was carried out, and the redistribution of functionality between the remaining subsystems was carried out based on the principle of abstract functionalism of T. Parsons. It should also be noted that scientific novelty is expressed in the development of a clearer and more detailed model of the political system.
Keywords:
Y-balance method, corruption clod method, method of determination chains, political regimes, structure of the political vector, iron triangles method, open dynamic systems, decision-making process, Political system, synergetics
Human and state
Reference:
Markova T.
On the questioning of the lawyer as a witness
// Law and Politics.
2023. ¹ 8.
P. 115-127.
DOI: 10.7256/2454-0706.2023.8.44084 EDN: YEDUXW URL: https://en.nbpublish.com/library_read_article.php?id=44084
Abstract:
The article discusses such concepts as witness immunity and the prohibition of questioning a person as a witness. This issue is being investigated in the context of the fact that these are two independent concepts and the allocation of each of them has its own basis: persons with witness immunity are exempt from the obligation to testify due to the presence of kinship and family relations, and the prohibition of questioning a person as a witness is associated with the implementation of certain activities by this person. The main focus is on the prohibition of interrogation as a witness by a lawyer. Based on the study of judicial practice, including the legal positions of the Constitutional Court of the Russian Federation, the author notes a gradual transition from an absolute ban on questioning a lawyer to giving courts the opportunity to interrogate a lawyer as a witness without his consent and the consent of the client. The article gives a critical assessment of the approach to solving this issue, which has developed in practice, which changes the position of a lawyer in criminal proceedings: from the position of a representative, a defender to the position of an eyewitness to certain events. It is noted that this approach is obviously incorrect, and this position is justified. The author comes to the conclusion that lawyers are involved in criminal proceedings in order to combat procedural violations of the rights of their principals as lawyers (persons with the necessary professional knowledge and skills), and not in order to subsequently testify about the violations seen as a witness. It is unacceptable to constantly consider a lawyer as an eyewitness of illegal actions, and not as a defender of his clients from these illegal actions, otherwise lawyers will not be able to provide qualified legal assistance. The authors of the article consider the position of the courts to be correct, in which the courts recognize the interrogation of a lawyer as a witness as illegal with the recognition of the testimony received from the lawyer as inadmissible evidence.
Keywords:
judicial practice, positions of the Constitutional Court, inadmissibility of testimony, duties of a defense lawyer, interrogation of a lawyer, ban on interrogation, witness immunity, defense attorney, criminal proceedings, lawyer
Theory
Reference:
Usenkov I.A.
The principle of good faith and its manifestations in Russian law as a means of "smart regulation"
// Law and Politics.
2023. ¹ 8.
P. 128-136.
DOI: 10.7256/2454-0706.2023.8.44146 EDN: YFXTSK URL: https://en.nbpublish.com/library_read_article.php?id=44146
Abstract:
The author examines the essence of the category "good faith" and its implementation in specific legal institutions in the context of the concept of "smart regulation". Using the example of tax and civil law, it is investigated exactly how the category "good faith" is interpreted in the scientific literature, legislation and law enforcement practice, the main aspects of its direct and indirect application are analyzed. Based on the results of this analysis, the grounds for attributing the principle of good faith to the means of "smart regulation" have been identified, the main advantages of such categorization and recommendations for optimizing the use of the principle of good faith and its main manifestation in modern domestic tax law – the "anti-rejection rule" have been identified. Conclusions are drawn that the manifestations of "smart regulation" are not always innovative and poorly studied legal institutions. Finding them among the usual, ubiquitous legal means is no less important for the most effective, accurate use of the latter. For example, a correct understanding by the judicial authorities of the role of the general grounds for challenging transactions in bankruptcy (prevention and exclusive application) leads to the formulation of legal positions on their subsidiarity, preventing the use of this tool as ubiquitous. On the other hand, the consolidation of the anti-deviation rule in the tax legislation is generally correct, but not enough: there are no specific compositions of "evasive" offenses, which normalizes the widespread use of Article 54.1 of the Tax Code of the Russian Federation and the excessive detail and significance of the explanations of the tax authorities. The key assumption of the author is that the formation of an idea of these institutions as "smart regulation" will allow them to achieve the greatest effectiveness with the least legislative and law enforcement intervention.
Keywords:
challenging transactions, bad faith, stability, civil law, tax law, presumption, principle, smart regulation, conscientiousness, anti - declination rule
History of state and law
Reference:
Zhou Y.
Migration flows between Europe and China in the 21st century: main Aspects and Problems in the Materials of Russian and Chinese Historiography
// Law and Politics.
2023. ¹ 8.
P. 137-151.
DOI: 10.7256/2454-0706.2023.8.43983 EDN: YGHSTY URL: https://en.nbpublish.com/library_read_article.php?id=43983
Abstract:
The study of the political identity of Chinese and European immigrants in the XXI century is relevant and significant. Firstly, migration flows affect the political and socio-economic landscape of States. Secondly, they exacerbate cultural identification problems in host communities. Thirdly, diasporas can be used as an instrument of political influence, both by the host State and the State of exodus. Fourthly, it is Chinese immigrants who raise the largest number of questions from the host European community, since they do not fully integrate, actively maintain ties with their homeland, and their total number is constantly growing. Based on the analysis of materials of Russian and Chinese historiography on migration flows between Europe and China in the XXI century.The article examines the processes associated with the migration of Europeans to China and Chinese to Europe, their impact on the political and cultural landscape of European states and China; analyzes issues related to the legal regulation of migration policy in China; examines the specifics of migration from China to Europe and from Europe to China. On the basis of the conducted research using the comparative method and the induction method, the features and specificity of the Chinese diaspora in Europe in comparison with European migration to China are revealed.
Keywords:
European immigrants, Chinese immigrants, migratory flows, migration, civic identity, migration process, political identity, social group, immigrant, migrant