Human and state
Reference:
Gorokhova S.S.
On some approaches to the preservation and protection of traditional family values in Russian law
// Law and Politics.
2024. ¹ 8.
P. 1-17.
DOI: 10.7256/2454-0706.2024.8.71243 EDN: THZDCJ URL: https://en.nbpublish.com/library_read_article.php?id=71243
Abstract:
The subject of the research in the article is the legal and moral categories of Russian family law, as well as the norms of other branches of private and public nature associated with it. The author pays attention to the historical prerequisites for the formation of existing legal regulations in the field of marital and family relations. Focuses on the importance of the educational impact of legal norms on the formation of legal awareness of citizens, the eradication of deformational changes in legal awareness, the formation of a developed legal and social culture of family and marital relationships. The issues of legal protection of traditional moral family values in the modern law of the Russian Federation are investigated, both from the point of view of establishing additional rules, duties and prohibitions, and from the point of view of criminalizing a number of offenses in the marital and family sphere. The article uses a set of methodological techniques based on the dialectical method of cognition, uses the historical and legal method, and conducts a comparative analysis of comparable legal structures in the legislation of different countries. The traditional foundations of Russian society in the XX–XXI centuries have been and continue to be seriously tested due to objective internal and external factors. This affects both the process of formation of public morality and the state of legal regulation in the field under study. Russian society is going through a certain moral crisis, which further increases the value and importance of law as a social regulator. In order to ensure national security, the Russian Federation is tasked with reviving traditional moral values. To achieve this goal, it is necessary to reconsider approaches to regulation and legal protection of a number of existing provisions of family and other branches of law, including issues of legal liability.
Keywords:
morality, legal responsibility, legal protection, prenuptial agreement, traditional values, The moral, National security, marriage, family, traditional morality
Law and order
Reference:
Firsova O.A.
On some issues of evaluation of information reflected in income certificates by state (municipal) employees in Russia
// Law and Politics.
2024. ¹ 8.
P. 18-35.
DOI: 10.7256/2454-0706.2024.8.71128 EDN: QFFKKK URL: https://en.nbpublish.com/library_read_article.php?id=71128
Abstract:
The subject of the study is theoretical and practical problems that arise in the activities of personnel departments during supervisory inspections carried out by employees of the prosecutor's office when evaluating information provided on income, expenses and property obligations. The norms of federal legislation establish this obligation and define the categories of persons to whom it applies. When conducting inspections of the provided income certificates, as well as in cases provided for by law and expenses, specialists of personnel departments, as well as prosecutors, in accordance with their existing powers, study the data in order to identify violations of anti-corruption legislation. The result may be the establishment of violations related to the failure to provide false or incomplete information, which leads to the need to establish the form of guilt and intent and resolve the issue of bringing the perpetrators to justice. The main method is the universal (dialectical) method of cognition of social phenomena and processes, which allows them to be considered in constant development and interrelation. General scientific methods such as system and structural-functional analysis are used. The specifics of the research subject determined the choice and use of special legal methods of cognition, such as formal legal and comparative legal methods. As a result of the conducted research, the author concludes that it is necessary to develop and apply clear methods and criteria for evaluating the actions of a state (municipal) employee to provide information on income and expenses. It is also concluded that it is necessary to apply the basic principles of the Civil Code of the Russian Federation on good faith, reasonableness and legality to understanding the actions of a state (municipal) employee in situations of acquisition or alienation of property by him, his spouse or other related persons, as well as when assessing the situation as an intentionally committed act that directly contradicts the requirements of anti-corruption legislation. The author has developed some recommendations that can be applied in practice, including during the implementation of procedures for controlling the expenses of a state (municipal) employee.
Keywords:
responsibility, loss of trust, the reasonableness of the transaction, law obedience, good faith, expenses, the value of the property, income statement, corruption counteraction, public service
Law and order
Reference:
Andrianova N.G.
Financial Legal Aspects of Legal Regulation of Digital Currency Circulation
// Law and Politics.
2024. ¹ 8.
P. 36-44.
DOI: 10.7256/2454-0706.2024.8.71464 EDN: PPTYJC URL: https://en.nbpublish.com/library_read_article.php?id=71464
Abstract:
In the context of unprecedented sanctions pressure on the Russian Federation, there is an increasing need to search for alternative tools for making settlements on cross-border payments outside the banking system. In this regard, the issue of detailing the procedure for legal regulation of the circulation of digital currencies in the Russian Federation becomes relevant. In the article, the author analyzes the latest legislative changes in terms of legal regulation of digital currency mining, proposed in the Federal Law of 08.08.2024 No 221-FZ "On Amendments to Certain Legislative Acts of the Russian Federation". In the article the existing doctrinal approaches to the definition of the concept of "mining" of digital currency and proposed approaches to the legal regulation of entities that can carry out operations in the field of digital currency mining and the main requirements for them are analyzed. As a result of the study, a positive assessment of the changes made to the legislation, which initiated the process of legal regulation of the circulation of digital currencies, was made, but it was established that at the moment the process of exchanging digital currencies for fiat money and the process of transferring digital currencies from one person to another still remains outside the framework of legal regulation. In order to protect the rights and legitimate interests of persons carrying out transactions of the exchange of digital currencies for fiat money and the transfer of digital currencies from one person to another, it seems necessary to expand the range of subjects in the field of digital currency circulation by including a new subject – the operator of the exchange of digital currencies. It is proposed to add a new subject in the Federal Law of 31.07.2020 No 259-FZ.
Keywords:
Central Bank, digitalization, international settlements, exchange, mining, sanctions pressure, legal regulation, digital currency, financial law, financial regulation
Law and order
Reference:
Revenko N.I.
Ideal traces as an element of the forensic characteristics of "Your relative got into trouble" frauds
// Law and Politics.
2024. ¹ 8.
P. 45-56.
DOI: 10.7256/2454-0706.2024.8.71447 EDN: NFOEJA URL: https://en.nbpublish.com/library_read_article.php?id=71447
Abstract:
The subject of the study is the ideal traces formed when committing frauds against the elderly, using the method of providing false information by phone that their close relative or acquaintance was in a traffic accident and needed help. The mechanism of formation of traces for this type of fraud depends on the method of its commission in modern conditions, when fraudsters remotely convince victims to transfer money through a courier. When committing these crimes, a set of ideal traces is formed, which in criminology include the testimony of victims, witnesses, suspects, and accused. The investigator's knowledge of the typical features of the ideal traces of the type of crime under consideration will allow to establish the mechanism of committing a criminal act, identify the circle of witnesses to the crime, determine the list of investigative actions aimed at collecting evidence. Research methods: the research is based on comparative legal, formal legal, systemic structural and specific sociological methods. The analysis of the materials of criminal cases allowed us to conclude about a certain set of ideal traces formed during the commission of the type of fraud in question. At the initial stage of the investigation, the testimony of the victims, who provide complete information about the event of the crime, is of great importance. The paper provides the author's justification for the conditions of presentation for the identification of a suspect by voice. Among the close relatives or acquaintances of the victim, three groups of witnesses have been identified who should be questioned during the investigation of the type of crimes in question. These include persons whose name the fraudsters presented themselves to; persons to whom the victim reported the incident and persons who are eyewitness. The ideal traces for this category of fraud include the testimony of suspected couriers, who, as a rule, plead guilty and give confessions. The testimony of other persons who contacted the courier and have information about the crime event is also important.
Keywords:
witness, victim, elderly people, fraudster, ideal traces, testimony, forensic characteristics, fraud investigation, courier, relative
Discussion forum
Reference:
Ibragimov K.Y.
The Problem of Attribution of Rights and Obligations Arising in the Process of Trust Management
// Law and Politics.
2024. ¹ 8.
P. 57-67.
DOI: 10.7256/2454-0706.2024.8.71546 EDN: NOYNJM URL: https://en.nbpublish.com/library_read_article.php?id=71546
Abstract:
The research is devoted to the analysis of practical and theoretical problems related to the question of ownership of rights and obligations arising from the conclusion of contracts by a person acting as a trustee. The article analyzes the prerequisites for the emergence of these problems, which can include: (1) the lack of a direct legal answer to the question of who is the party to the obligations arising from such agreements: the founder of the management or the trustee? (2) the specific legal regime of property held in trust, which consists in the fact that such property is endowed with the isolation characteristic of a legal entity. The problem of ownership of rights and obligations is analyzed by the example of situations in which the question of the side of the obligation arises directly and clearly: property obligations; lease relations; cases of changes in the figure of the trustee. The study is conducted, among other things, by analyzing current judicial practice, which addresses the above-mentioned problems. The scientific novelty of the study lies in the fact that it is the first detailed study of the problem of ownership of rights and obligations arising from contracts concluded in the process of trust management, which is based, among other things, on the analysis of current judicial practice. According to the results of the conducted research, legislative uncertainty on this issue is confirmed, and the lack of uniformity of judicial practice is also established. It is concluded that, from the point of view of the current positive law, a more correct solution would be to recognize that the rights and obligations under such agreements belong to the founder of the management (shareholders). At the same time, it is substantiated that the situational definition of the party to the obligation, which is currently taking place at the level of judicial practice, creates legal uncertainty for the participants in the turnover and does not allow for the predictability of legal regulation. It is pointed out that a possible solution to this problem may be the recognition of the legal personality of the property held in trust.
Keywords:
obligation, trust, legal asset partitioning, investment fund, unit investment fund, trust management, legal personality, asset partitioning, substitution of parties, rent
State institutions and legal systems
Reference:
Barannikov D.I.
The formation of patriotic entrepreneurship and the institutionalization of interaction between government and business in Russia in 1992-2022.
// Law and Politics.
2024. ¹ 8.
P. 68-89.
DOI: 10.7256/2454-0706.2024.8.71501 EDN: OPMOXR URL: https://en.nbpublish.com/library_read_article.php?id=71501
Abstract:
The subject of the research is patriotic entrepreneurship in Russia as a historical and political phenomenon: its formation in the process of institutionalization of relations between government and business in Russia in 1992-2022, as well as its role and place in the domestic political system. The stages of formation of patriotic entrepreneurship in the framework of the process of transformation of interaction between government and business in Russia in 1992-2022, its significance in the Russian political system are shown. When identifying the periods, the institutional and event contexts were taken into account: the domestic policy of the Russian Federation in its institutional aspect, as well as international events and nuances of domestic foreign policy that influenced the transformation of the political system of Russia and the openness of foreign markets for domestic businessmen. The dialectical method, methods of institutional and event analysis are used to identify the features of the transformation of institutions of interaction between government and business in 1992-2022. On this basis, the author's periodization is substantiated, showing the stages of the formation of patriotic entrepreneurship (the periodization method), which is compared with existing periodizations of the institutionalization of interaction between government and business in Russia (the comparative analysis method). The novelty lies in the fact that the formation of patriotic entrepreneurship in Russia is considered in the historical and political science context and the periodization of its formation in the process of institutionalization of interaction between the authorities and business and stabilization of the political system is substantiated. It is shown that in 1992-2022 the political institutionalization of interaction between the authorities and business went through four stages. The time of formation of patriotic business began in 2003, i.e. starting from the second stage and “equal distance of oligarchs from power”.
Keywords:
interaction between government and business, civil society, institutionalization, business, government, patriotic entrepreneurship, political institution, political system, business-association, post-Soviet and contemporary Russia
Transformation of legal and political systems
Reference:
Kel'manzon I.M.
Institute of Mediation: current state and development prospects.
// Law and Politics.
2024. ¹ 8.
P. 90-102.
DOI: 10.7256/2454-0706.2024.8.71557 EDN: SCTEPD URL: https://en.nbpublish.com/library_read_article.php?id=71557
Abstract:
This article analyzes the current state of the institution of mediation as an alternative method of resolving disputes and possible ways of its development. The most important problems of mediation that exist at the current stage of its development in the Russian Federation are studied. Among such problems, the author highlighted the insufficient level of professional education of mediators and the process of execution of the mediation agreement. Attention was also drawn to the lack of awareness among civil society participants of the nature and essence of the mediation procedure. The author conducted a study of an array of statistical data on the use of mediation procedures for the previous period 2014–2022. Based on these statistics, as well as gaps in legislation, the main conclusions of this work were drawn, aimed at the evolutionary development of the covered institution. The author’s main conclusions based on the results of the research are: the need to legislatively establish in the Law on Mediation the required level of additional education for professional mediators and, possibly, the type of document that confirms this education; legislate the principle of competence in the professional activity of a mediator (by analogy with the communities of lawyers and notaries); the need for further regulation of rules to guarantee the execution of a mediation agreement by contacting a notary; the introduction of the above innovations will resolve another problem – it will increase awareness of the essence of mediation and its significance in the eyes of potential participants in the procedure, and increase confidence in the mediator as a professional conciliator. The author also put forward a proposal to introduce a mediation procedure in disputes about the protection of consumer rights (within the framework of online trading on marketplaces), which will reduce the burden on the judicial system.
Keywords:
SRO of professional mediators, mediation problems, mediation system, mediator, intermediation, pre-trial dispute resolution, mediation, mediation procedure, conciliation procedure, mediation agreement
Theory
Reference:
Kuznetsov N.A.
Analysis of legal custom: an aspect of legal dogmatics
// Law and Politics.
2024. ¹ 8.
P. 103-121.
DOI: 10.7256/2454-0706.2024.8.71458 EDN: TMXELX URL: https://en.nbpublish.com/library_read_article.php?id=71458
Abstract:
The article devoted to some of the methods and criteria used by scientists to identify the norms of custom. The purpose of the study is to demonstrate the possibility of an analytical approach to the knowledge of custom in the context of the dogma of law. Russian, Western, Islamic and Chinese legal and philosophical works are used as material. The methodological basis of the work is the concept of science by Leon Petrazycki, within the framework of which the connection between theoretical and applied sciences of law is substantiated. When analyzing custom, researchers set themselves the task of reconstructing its formation, distinguishing it from related phenomena and identifying its norms. The first two of these tasks are theoretical in nature, but their solution is necessary for the correct explication of specific norms of custom, while to identify the legal meaning of the rule it is necessary to use the approach of legal dogmatics. Scholars often use the criterion of reaction to its violation. The article identifies two disadvantages that make the application of this criterion problematic: 1) cases of violation of the norms of custom are required (which does not always happen); 2) it is based on the erroneous postulate that violation of a customary rule always entails legal responsibility in a social group. In order to identify the norm of custom, it is not enough to limit ourselves to pointing out the existence of a practice that relates only to one aspect of a customary rule – its effectiveness. It is also necessary to analyze the legitimacy (the presence and nature of the inner conviction of obligation) and the validity of the norm. The author examines the methods of linguistic analysis that make it possible to explicate the inner side of customary legal norms.
Keywords:
legal dogmatics, formal legal method, three Realms of Law, social legal approach, social amnesia, legal custom, violation of custom, linguistic analysis, dogmatic processing, opinio necessitatis
Authority and management
Reference:
Burda M.A.
Mechanisms for regulating external labor migration within the framework of the existing functionality of the regions of the Russian Federation
// Law and Politics.
2024. ¹ 8.
P. 122-131.
DOI: 10.7256/2454-0706.2024.8.71462 EDN: TWJVBG URL: https://en.nbpublish.com/library_read_article.php?id=71462
Abstract:
The author examines in detail the regional legal regulation of external labor migration in the Russian Federation, taking into account the transformation of the main tasks of the state migration policy of the Russian Federation at the present stage. The object of the study is external labor migration in modern Russia, the subject of the study is the mechanisms of regulation of external labor migration at the regional level. The study examines the legislative foundations of both a complete ban on the involvement of foreign workers in temporary employment, and a partial ban related to certain areas of economic activity. The author also considers the possibilities of regulating the cost of obtaining permits (licenses) and developing alternative programs for external labor migration related to the introduction of organized, targeted and returnable external migration. As methods of scientific research, political, legal and institutional analysis were applied, as well as a systematic method used to study public administration in the field of migration. The systematization of the existing restrictive tools in the field of external labor migration, which can currently be used by the authorities of the constituent entities of the Russian Federation, has been carried out by the author. The features of the implementation of each of the considered mechanisms are revealed. A new approach in the field of management of external labor migration is proposed, related to the development of regional programs for the organized involvement of foreign citizens in temporary work on the territory of the subjects of the Russian Federation on the basis of existing international agreements. The potential positive trends associated with the introduction of organized recruitment mechanisms in the context of the transition to a segregationist model of migration policy, which is currently being successfully applied in a number of Arab States, such as the United Arab Emirates, Saudi Arabia and Qatar, are predicted.
Keywords:
Public administration, Labor market, Labour migrants, Patent, Organized recruitment, Territorial subject of the Russian Federation, Migration regulation, Labor migration, Migration policy, Migration
Authority and management
Reference:
Nesterchuk O.A., Dubrovina O.V.
Repatriation and support of compatriots abroad: the experience of the Republic of Hungary
// Law and Politics.
2024. ¹ 8.
P. 132-140.
DOI: 10.7256/2454-0706.2024.8.71402 EDN: TYCFOK URL: https://en.nbpublish.com/library_read_article.php?id=71402
Abstract:
The object of the study is one of the directions of the state's migration policy related to the repatriation of compatriots. Repatriation as a separate area of migration management requires the development of separate approaches and practices aimed at solving strategic tasks of the state's migration policy. The subject of the study is the policy of repatriation in Hungary at the present stage, which is considered within the framework of solving such tasks as one of the conditions for solving demographic problems, as well as preserving national identity. Within the framework of the domestic political track, the return of compatriots is considered as one of the structural elements of electoral support for the ruling Fidesz party. At the same time, support for ethnic Hungarians living in other countries is considered an essential element of foreign policy. The study provides a number of statistical indicators to assess the quantitative indicators of resettlement policy. In order to objectively analyze the Hungarian resettlement policy and support compatriots abroad, an institutional method was used, which allowed us to consider the participation of government institutions and public organizations in this process, as well as a formal legal method, the application of which is justified by a detailed analysis of Hungarian national legislation in this area. The main results of the study allow us to state a fairly high level of effectiveness of the Hungarian repatriation practice, as well as existing programs to support compatriots abroad, primarily within the framework of the cultural and humanitarian component of foreign policy. It can be argued that the practices of repatriation and support of compatriots abroad implemented in modern Hungary have a positive impact on solving problems in the field of demography and preserving the Hungarian identity of a mono-national state. It should also be noted that for the political authorities of modern Hungary, the support of repatriates and compatriots abroad is an essential element of electoral support, and therefore it is under special control. The considered repatriation practices may also be of some interest for the policy of voluntary resettlement of compatriots to the Russian Federation
Keywords:
migration policy, repatriation, compatriots, citizenship, demography, political power, migration processes, public administration, migration, Hungary
Human and state
Reference:
Bikov I.I.
Models of interaction between civil society and government through the citizens' appeals
// Law and Politics.
2024. ¹ 8.
P. 141-151.
DOI: 10.7256/2454-0706.2024.8.71560 EDN: ZCUKSD URL: https://en.nbpublish.com/library_read_article.php?id=71560
Abstract:
The object of the study is the interaction of civil society and government in modern political systems. The subject of the study is the models of interaction between civil society and government through the institution of appeals. The author examines the transformation of ideas about civil society, studies its functions, and formulates a definition of civil society. Special attention is paid to the forms of interaction between civil society and the government. The author identifies the following forms of interaction: appeals, public hearings, civic forums and discussions, referendums, voting, public events. The author calls the institute of appeals as a universal form of interaction between the government and civil society. The models of interaction between civil society and government identified by scientists are being studied. Some models assume passive participation of citizens in the process of reviewing appeals. Other models involve active collaboration to develop joint solutions. The analysis method and the modeling method were used in the study. The analysis method was used to study the basic concepts related to the interaction of civil society and government through the institution of appeals. The modeling method allows us to explore various scenarios of interaction between civil society and government through the institution of appeals, and predict the possible consequences of such interaction. The scientific novelty of the research is the author's vision of the classification of models that allow us to study in detail the interaction of civil society and government through the institution of appeals. The main conclusions of the study are the facts that there are different forms of interaction between civil society and government. An important form is interaction through the institution of appeals. The Institute of Appeals allows citizens to speak out about their problems and ask for help from the government. The government receives feedback from the population and takes it into account when making decisions. There are various models of interaction between civil society and government. The government can use a specific model depending on the specific case. The choice of the model may be influenced by the subject of the appeal, the content of the appeal, the level of legal awareness of the representative of the government considering the appeal.
Keywords:
rights and interests, classification, forms of interaction, functions, state, Institute of Appeals, interaction models, public authorities, civil society, complaints