Reference:
Zotov K.V..
The positive duties of the state to protect the rights of a ward as a constitutional and legal basis for the activities of guardianship and trusteeship bodies
// Legal Studies.
2026. № 8.
P. 51-71.
DOI: 10.25136/2409-7136.2026.8.81098 EDN: HBZNJB URL: https://en.nbpublish.com/library_read_article.php?id=81098
Abstract:
The subject of the study is the positive obligations of the state to protect a child, an incapacitated person and a person with limited legal capacity, considered as the constitutional legal basis for the activities of guardianship and custody authorities. The research focuses on public-law relations arising when guardianship authorities exercise their powers in situations where private autonomy, family representation, ordinary administrative procedures or independent access to judicial protection are insufficient to ensure the real protection of a vulnerable person’s rights. Special attention is paid to overcoming sectoral reductionism: family-law, civil-law and administrative rules are not rejected, but are regarded as forms of concretization of a deeper constitutional obligation of the state. The article examines the limits of public activity, since the protection of a child or a ward has constitutional legitimacy only if it complies with legality, proportionality, reasoned decision-making, individual assessment, respect for human dignity and judicial review. The study is based on formal legal, systemic, constitutional-dogmatic, comparative legal and legal modelling methods. The research uses doctrinal analysis, constitutional interpretation and analysis of sectoral legislation. The main conclusion is that guardianship and custody authorities should be regarded as an institutional form of implementing the positive obligations of the state, rather than as auxiliary administrative actors in family-law procedures. The author develops an operational model of legal care, which includes a legally significant basis for intervention, individualization of the protected interest, sufficient factual verification, selection of the least restrictive measure, participation of the child or ward in an accessible form, reasoned decision-making, temporary nature of public intervention and judicial review of actions and omissions. The novelty also lies in extending a unified constitutional logic of protection to children and adult wards while preserving the differences in their sectoral legal regimes.
Keywords:
guardianship authorities, positive obligations, ward, human dignity, social state, public authority, family autonomy, judicial protection, legal certainty, constitutional law
Reference:
Pibaeva E.A..
The use of digital technologies in the implementation of federal state control (supervision) in the field of education and their role in the mechanism of ensuring the right to education in the Russian Federation
// Legal Studies.
2026. № 4.
P. 37-55.
DOI: 10.25136/2409-7136.2026.4.79105 EDN: RNNJFJ URL: https://en.nbpublish.com/library_read_article.php?id=79105
Abstract:
The article analyzes the implementation of information systems and the use of digital technologies in control (supervisory) measures during the federal state control (supervision) in the field of education. The author believes that ensuring the quality of education through the digitalization of state control (supervision) is linked to the core (content) of the right to education and is an axiological challenge. The objectives of the study are to identify the legal mechanism for the introduction of digital technologies in the activities of state control (supervision) in the field of education, to identify the positive and negative aspects of the modern model of control (supervision) in the field of education and to establish their impact on the realization of the right to education.The achievement of these goals is ensured by solving the following tasks: 1) carrying out an analysis of the current regulatory legal acts regulating the use of digital technologies within the framework of state control (supervision) in the field of education, and their application in practice; 2) study of statistical data on the use of electronic services when appealing the results of control and supervisory measures; 3) identification of deficiencies in the legal regulation and use of these technologies. The methodological basis of the research consists of general scientific methods of analysis and synthesis, formal legal, systematic and statistical methods of scientific research of normative and empirical material. The formal legal method was used to study the arrays of legal norms that establish the use of digital technologies in control and supervisory activities in the field of education. It is concluded that the digitalization of state control (supervision) in the field of education demonstrates both positive and negative aspects of the introduction of information systems into control (supervisory) activities. When introducing new approaches to control and supervisory activities, the development of information systems, registries, and the use of digital devices, the focus of attention of legislators and law enforcement officers should be on the substantive rather than formal "quality of education" (in accordance with paragraph 29 of Part 1 of Article 2 of the Federal Law "On Education in the Russian Federation" dated December 29 2012 No. 273-FZ). The shift in emphasis towards preventive measures and the introduction of a moratorium on planned control and supervisory measures should not lead to a decrease in the quality of education.
Keywords:
state control, the right to education, digitalization, information systems, electronic document management, quality of education, risk-based approach, digital technologies, The Ministry of Digital Development, the mobile app
Reference:
Larin E.N..
Article 51 of the Constitution of the Russian Federation: legality of its application
// Legal Studies.
2026. № 4.
P. 56-72.
DOI: 10.25136/2409-7136.2026.4.72794 EDN: VJQFKT URL: https://en.nbpublish.com/library_read_article.php?id=72794
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The subject of this study is not so much the provisions themselves formulated in Article 51 of the Constitution of the Russian Federation, as the level of awareness about them among ordinary (in simpler words, "ordinary") citizens of our country; as well as the degree to which they correctly understand the above norms. The relevance of studying the issue is confirmed, for example, by the increasing number of publications and videos on the Internet devoted to this topic. And despite the fact that a significant part of such materials are explicitly or covertly advertising the services of lawyers, a significant number of various kinds of comments expressing all kinds of points of view, up to diametrically opposed, clearly indicate the existence of controversial issues that require study and reflection. As a methodological basis, the research will use both general scientific (observation, analysis, generalization, analogy, etc.) and private scientific (sociological, formal legal, comparative legal methods, method of analysis and interpretation of normative legal acts) methods of cognition. As part of the work, based on a specially designed questionnaire, the number of citizens who are familiar with the theses specified in Article 51 of the Constitution of the Russian Federation was revealed as a percentage of the total number of respondents who are not directly related to the field of jurisprudence, as well as to establish the correspondence of the truth of their personal interpretation of these provisions with real requirements. The next step is to analyze the possible origin of the above interpretation by tracking information sources in the mass media (television, information and telecommunication network Internet, etc.) that affect this topic in one way or another. The novelty is caused by the lack of such studies, and the practical significance is due to the need for officials who verify reports of a crime and conduct a preliminary investigation to understand that the understanding of the provisions prescribed in the article in question may often not coincide with generally accepted; and this, in turn, imposes additional ethical obligations on these persons.
Keywords:
The Constitution of the Russian Federation, witnessing, the obligation to give evidence, witness immunity, citizen's rights, legal profession, the official, pre-investigation check, preliminary investigation, optimization of legislation
Reference:
Vinokurov V.A..
The human right to personal dignity: issues of respect and humiliation in public service
// Legal Studies.
2026. № 2.
P. 59-77.
DOI: 10.25136/2409-7136.2026.2.73596 EDN: UPRURD URL: https://en.nbpublish.com/library_read_article.php?id=73596
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The article examines the human right to personal dignity, which is enshrined in the Constitution of the Russian Federation, through an analysis of provisions related to respect for personality and humiliation of human dignity. The object of the study is federal government employees: military personnel and employees of other federal government agencies with special ranks. The norms of federal laws that regulate or, in the author's opinion, should regulate the issues under consideration are analyzed, as well as other legal acts related to the research topic. As a result of the study, it was revealed that the legislative regulation of relations in the civil service has been fully implemented in relation to military personnel, partially in relation to employees of the internal affairs bodies and the Investigative Committee of the Russian Federation, and there is practically no fixed duty of mutual respect for employees of the State Fire Service. The author applied general scientific research methods, in particular, systematic, logical, as well as system-structural. Among the special methods used are formal–legal and comparative-legal. Having considered the legislative norms, the author came to the conclusion that it is necessary to educate Russian citizens from birth, and from school to teach them mutual respect not only in the broadest sense, but also from an applied perspective, that is, in line with the mutual respect of students during their studies, work colleagues, and employees, especially in the "boss – a subordinate" relations. The absence of violations affecting human dignity in the service (work) will not require the use of punitive legal norms, warnings will be sufficient, including moral suggestion. In order for civil servants of other types to unambiguously understand the obligation to respect each other in service and at work, and the prohibition of humiliating colleagues in any way and in any place, especially those below them, in our opinion, it is necessary (taking as an example the relevant norms applicable to military personnel) to amend the relevant articles of federal laws in order to add an obligation to respect the dignity of other employees, to prevent humiliation, bullying, and insults to employees, while providing for disciplinary and criminal liability for these violations in legislative acts.
Keywords:
The Constitution of the Russian Federation, rights and freedoms, personal dignity, responsibility, government employee, military personnel, employee, boss and subordinate, respect, humiliation
Reference:
Aleksandrova A.S..
Differentiation of legal regulation of personal data processing: justification based on functional-essential classification
// Legal Studies.
2026. № 1.
P. 47-59.
DOI: 10.25136/2409-7136.2026.1.77587 EDN: NMYMVW URL: https://en.nbpublish.com/library_read_article.php?id=77587
Abstract:
The subject of the research is the legal regulatory system for the processing of personal data in the Russian Federation. The author examines the evolution of doctrinal understanding of personal data and its impact on the formation of the legislative model. Special attention is given to a critical analysis of the unified approach established in Federal Law No. 152-FZ of July 27, 2006 "On Personal Data." The focus of the research is on the fundamental differences in the nature, functional purpose, and associated legal risks of various categories of processed information. The author investigates systemic contradictions and gaps in the current regulation, which manifest in the use of large data sets, automated profiling, and algorithmic decision-making. The aim of the research is to develop theoretical and practical foundations for transitioning to a differentiated, risk-oriented model of legal regulation. This goal is achieved by creating a new classification of personal data that reflects modern technological and legal realities. The research employs formal-legal, comparative-legal, systemic methods, and the classification method. The comparative analysis covers national regulation and the provisions of Regulation (EU) 2016/679 (GDPR). The classification method has become the basis for developing the author's functional-substantive typology of personal data. The results of the research have significant theoretical and practical value. The theoretical contribution lies in the development of the doctrine of information and constitutional law amid digitalization. The practical significance is expressed in the applicability of the findings to improve Russian legislation. The existing regulatory model does not fully address modern realities, as it does not consider the fundamental heterogeneity of personal data and accompanying legal risks. The proposed functional-substantive classification creates a scientific basis for differentiated and risk-oriented legal regulation and also forms the foundation for preparing amendments to Federal Law No. 152-FZ "On Personal Data" and other regulatory legal acts. This implies the establishment of special legal regimes: for identifying data – a regime ensuring authenticity and integrity; for profiling data – a regime controlling analysis and obtaining consent; for status data – a regime guaranteeing transparency, explainability, and fairness of algorithmic decisions. The implementation of this model is necessary to ensure effective protection of constitutional rights amid the rapid digitalization of social relations.
Keywords:
right to privacy, personal data, differentiation of legal regulation, functional-essential classification, identifying data, profiling data, status data, algorithmic solutions, improvement of legislation, risk-oriented regulation
Reference:
Druzhinin A.V..
Evolution of the risk indicators system of federal state control (supervision) in the sphere of education: problems of balance between universalization and industry regulation specifics
// Legal Studies.
2026. № 1.
P. 60-74.
DOI: 10.25136/2409-7136.2026.1.72951 EDN: CBSFLK URL: https://en.nbpublish.com/library_read_article.php?id=72951
Abstract:
The article examines the conceptual foundations of the risk-based approach and the characteristics of educational activities as an object of control. The evolution of the risk indicator system for federal state control in the field of education during the reform of control and supervisory activities is considered. An analysis of the dynamics of the risk indicator system development is carried out based on the materials of three expansion iterations for 2023–2024. A trend is revealed in movement from formal criteria to indicators of education quality while maintaining the dominance of universal approaches. The fundamental problems of control universalization in the field of education are considered: the complexity of implementing standardized procedures, risks of reduced efficiency, and limitations in the application of specific tools. The necessity of finding a balance between unification and taking into account industry specifics is argued. Directions for improvement are proposed: modernization of the regulatory framework, development of mechanisms for balancing universal and special approaches, consideration of the results of an independent assessment of education quality, and strengthening of methodological and information support. The analysis highlights the inherent contradictions between the general trend towards universalization of control and supervisory activities and the objective need to consider the specifics of educational activities. It is concluded that the gradual adaptation of the risk-based approach model to specifics of educational sphere is crucial for ensuring effective control and autonomy of universities. The need for a comprehensive modernization of the regulation of control and supervisory activities is emphasized. The prospects for further improvement of the education control system are associated with the development of mechanisms for balancing universal and special approaches to determining risk indicators, modernizing their development and coordination procedures, strengthening the role of independent education quality assessment, enhancing the prevention of violations of mandatory requirements.
Keywords:
State control (supervision), Risk-based approach, Reform of control and supervisory activities, Risk indicators, Quality of education, Control effectiveness, Prevention of violations, Mandatory requirements, Industry specifics, Modernization of regulation
Reference:
Chereshneva I.A..
The transformation of the right to informational self-determination in the era of artificial intelligence and other digital technologies: challenges and prospects
// Legal Studies.
2025. № 12.
P. 72-82.
DOI: 10.25136/2409-7136.2025.12.77307 EDN: TTVLDG URL: https://en.nbpublish.com/library_read_article.php?id=77307
Abstract:
The purpose of the study is to examine the transformation of the right to informational self-determination, first articulated in the practice of the Federal Constitutional Court of Germany, into the right to digital self-determination as one of the new generation digital human rights, the provision of which requires legal mechanisms in line with the spirit of the times, including institutional ones. In the context of the development of artificial intelligence and other digital technologies that are taking on the nature of de facto coercion (the concept of "code is law"), the issue of ensuring the right to digital self-determination becomes particularly relevant, as autonomy, freedom, and human dignity are "at stake." In this regard, the paper presents the main challenges faced in the implementation of the right to digital self-determination and outlines potential ways to overcome them. The study employs the following methods of scientific cognition: analysis, synthesis, generalization, analogy, and others; and applies a systemic approach, as well as specialized legal and comparative legal methods. During the research, the author arrives at the following conclusions: 1) the right to informational self-determination, based on the idea of dignity and personal autonomy, undergoes a qualitative restructuring under the conditions of digitalization, transforming into the right to digital self-determination—a new generation digital human right; 2) the key challenges to the realization of the right to digital self-determination include information asymmetry, the limited informed consent of data subjects, the paradox of confidentiality, insufficient levels of digital literacy, and the increasing manipulative potential of algorithmic systems; 3) considering the data subject as the economically and technologically weaker party in information interactions with digital platforms requires the state to provide additional guarantees to protect the rights and legitimate interests of data subjects; 4) ensuring the right to digital self-determination implies the formation of a comprehensive system of legal mechanisms, including regulation of algorithmic systems based on principles of algorithmic transparency and accountability; restriction of manipulative technologies and surveillance; expansion and specification of the rights of data subjects, as well as the establishment of additional obligations for large digital platforms.
Keywords:
information self-determination, digital self-determination, digital technologies, artificial intelligence, personal data, human rights, personal autonomy, digital human rights, discrimination, digital divide
Reference:
Poyarkov S.Y..
Transformation of civil society institutions and direct democracy in the process of constitutional adaptation
// Legal Studies.
2025. № 11.
P. 39-64.
DOI: 10.25136/2409-7136.2025.11.76333 EDN: JYYEBR URL: https://en.nbpublish.com/library_read_article.php?id=76333
Abstract:
Modern constitutional systems are facing unprecedented challenges – pandemics, climate disasters, digital transformation, and erosion of trust in institutions – which call into question the ability of the classical model of constitutionalism to ensure resilience and legitimacy. The traditional approach, based on stability, hierarchy, and limitation of power, proves insufficient in the dynamic, uncertain, and multi-actor reality of the 21st century. In this context, there is an increasing demand for more flexible, responsive, and inclusive forms of constitutional regulation that can swiftly adapt to social changes. The institutions of direct democracy and civil society are becoming particularly significant as they increasingly act not just as external corrections but as internal elements of the constitutional order. Global experience – from Estonia and Iceland to Latin American countries – demonstrates that involving citizens in constitutional processes enhances not only legitimacy but also the resilience of the rule of law. The subject of the research is the theoretical model of adaptive constitutionalism, where civil society and direct democracy are viewed as structural components of the constitutional system rather than peripheral elements. The work employs a comprehensive methodological approach, including a systemic analysis of the constitutional order as an open and dynamic system, a comparative legal method, and an institutional approach. The scientific novelty of the research lies in the proposal of an integrative model of adaptive constitutionalism, where the constitution is understood not as a static text but as a process of continuous dialogue between the state, courts, and civil society. The author shows that adaptability is achieved not only through formal amendment procedures but also through informal yet legally significant forms of participation – citizen assemblies, digital platforms, and public initiatives. The research substantiates the need for the institutionalization of these mechanisms, including the introduction of an obligation for authorities to respond to citizens' initiatives and the establishment of a public ombudsman for constitutional issues. It concludes that the future of constitutionalism is tied to a shift from a "constitution for the people" model to a "constitution with the people" model, where legitimacy is ensured not only by procedure but also by the depth of engagement. It emphasizes that without systemic participation by citizens, any constitutional reforms risk remaining formal and ineffective.
Keywords:
adaptive constitutionalism, civil society, direct democracy, constitutional adaptation, digital participation, popular initiative, constitutional dialogue, living constitution, institutionalization, constitutional legitimacy
Reference:
Sergienko S.Y., Grib V.G..
Civil liability of tour operators and travel agents: prospects for legislative changes.
// Legal Studies.
2025. № 9.
P. 91-106.
DOI: 10.25136/2409-7136.2025.9.75916 EDN: ZCZNXZ URL: https://en.nbpublish.com/library_read_article.php?id=75916
Abstract:
The article addresses current issues of civil liability of tour operators and travel agents towards customers of tourism services in the modern tourism market. The basis for the study was the initiative to develop a draft law revising the allocation of civil legal liability in the implementation of tourism products, which provides for limiting the liability of tour operators for the actions of travel agents. The study explores the concept of civil legal liability, analyzes the current situation, determines the feasibility of this initiative, and its impact on consumer rights. The object of the study is comprehensive civil legal relations arising between the parties in the implementation of tourism products, including the mechanism for distributing civil legal liability between the tour operator and the travel agent towards the customer and tourists under the contract for the implementation of tourism products. The methodological basis of the research includes general scientific and special methods of cognition, including the dialectical method, analysis of regulatory legal acts, comparative legal method, systemic approach to the study of legal relations in the field of tourism, and historical-legal method in the study of the development of tourism legislation. The scientific novelty of the research lies in the comprehensive analysis of possible consequences of limiting the civil legal liability of tour operators for the actions of travel agents, as well as in the systemic analysis of the legislative initiative and identification of the legal consequences of its implementation. According to the authors, the legislative initiative to limit the liability of tour operators under contracts for the implementation of tourism products will lead to an increase in the dominant position in the tourism market and a weakening of control over the activities of travel agents. This, in turn, will lead to negative consequences for consumers, which contradicts the state policy in the field of consumer rights protection and will entail the need for state oversight of travel agents. Based on the conducted research, the authors propose measures, including: strengthening the regulation of relations between the tour operator and the travel agent through the establishment of imperative norms; limiting the application of consumer legislation norms regarding provided penalties; restricting tour operators in the direct sale of tourism products to consumers of tourism services.
Keywords:
civil liability, tour operator, travel agent, tourist product, tourist services, legal regulation, consumer protection, tourist, tourist activity, compensation for damage
Reference:
Sergienko S.Y..
Legal regulation of personal data processing in tourism product realization: current trends and digital transformation
// Legal Studies.
2025. № 8.
P. 1-17.
DOI: 10.25136/2409-7136.2025.8.75123 EDN: LJPWRR URL: https://en.nbpublish.com/library_read_article.php?id=75123
Abstract:
The legal mechanism for processing personal data by performers when concluding and executing an agreement on the sale of a tourist product, including in the context of digitalization of the industry, is being investigated. The subject of the study is the peculiarities of the application of legal norms in the processing of personal data of tourists, due to the law. The subject of the study includes the following aspects: Regulation of the processing of personal data in the tourism sector, including: current legal norms in the field of personal data protection; special requirements for data processing in tourism; law enforcement practice by service providers of legal grounds for processing personal data of tourists; law enforcement practice of courts (arbitration courts, courts of general jurisdiction). The purpose of the study is a comprehensive analysis of the existing legal mechanisms for processing personal data and determining the directions for their improvement in the digital environment. In the course of the study, general scientific (dialectical and systemic), private scientific (comparative legal and formal legal) methods were applied, an analysis of the regulatory framework was carried out with an emphasis on practical application. The Federal Law "On Personal Data," the Federal Law "On the Basics of Tourist Activities in the Russian Federation," contracts for the legality of the grounds for processing personal data are being investigated. The findings of the study demonstrate the need to adapt the existing legal mechanisms governing the processing of personal data to modern technological realities in order to eliminate legal uncertainty and increase the efficiency of interaction between participants in the tourism market. It is proposed to introduce additional norms into the Federal Law "On the Basics of Tourist Activities in the Russian Federation," regulating the procedure and grounds for processing personal data of tourists and the customer under an agreement on the sale of a tourist product. The scientific novelty of the study consists in a comprehensive analysis of legal norms, identifying gaps in the legislation governing the processing of personal data of subjects, and developing proposals for their elimination. The practical significance of the work is determined by the possibility of using the results obtained by law enforcement agencies and participants in contractual relations when selling a tourist product. The material will be useful both to the subjects of the tourism industry and to organizations of other spheres of economic activity that process personal data. The formulated conclusions can be used in further research in the field of personal data processing.
Keywords:
personal data processing, digital transformation, digitalization, tourism product, tourism product implementation, tourist, consumer, personal data of the tourist, digitalization of tourism product implementation, personal data
Reference:
Belousov A.A..
Regulation of generative artificial intelligence in foreign jurisdictions and Russia: a comparative legal analysis
// Legal Studies.
2025. № 7.
P. 13-28.
DOI: 10.25136/2409-7136.2025.7.75067 EDN: EZQMKK URL: https://en.nbpublish.com/library_read_article.php?id=75067
Abstract:
This article examines the experience of Russia, the CIS, China and the EU in regulating the use of generative AI. This study covers a practical block of issues in terms of mandatory requirements for generative AI service providers, the main forms of liability for violating national and supranational legislation. In addition, the difference in the definition of generative AI and the main block of doctrinal studies in the presented jurisdictions are examined. Based on the conducted study, proposals are formulated for the subsequent improvement of domestic regulation of the use of generative AI models. The subject of the study is public relations with the use of generative AI models in the private and public legal field. The object of the study is regulatory documents, recommendations and other documents regulating the use of generative AI models in the EU, China, Russia and the CIS model law, academic publications on the issue under study, as well as individual examples of judicial practice. The research methodology includes a set of philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutic, comparative-legal, formal-legal (dogmatic), etc. Within the framework of the presented study, as indicated in the title of the article, special emphasis is placed on conducting a comparative-legal study of the regulation of the use of generative AI models. Within the framework of the presented study, the regulatory framework of the studied countries and supranational associations in the context of regulating generative AI is deeply (by article) analyzed. Distinctive features of regulation are determined both at the level of definitions and at the level of requirements for generative AI service providers. In the identified differences in the regulation of the use of generative AI, potential proposals for the implementation of a number of foreign regulatory approaches for Russia are formulated, taking into account the specifics of the formation of domestic regulation of generative AI models. The proposals presented as a result of the conducted research may be reflected in the legislative and law enforcement practice of the relevant authorities exercising control and supervision over the activities of generative artificial intelligence service providers in Russia, and will also be of interest to practicing lawyers involved in supporting projects using generative AI.
Keywords:
artificial intelligence, generative AI, safe AI, AI regulation, information law, comparative AI study, administrative law, ChatGPT, EU AI Act, PRC and AI
Reference:
Zhang L..
On the concept of ‘personal information’ and ‘personal data’ in China and Russia
// Legal Studies.
2025. № 6.
P. 53-70.
DOI: 10.25136/2409-7136.2025.6.74610 EDN: FNHOMQ URL: https://en.nbpublish.com/library_read_article.php?id=74610
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This article examines the concepts of ‘personal information’ in the Law of the People's Republic of China ‘On Protection of Personal Information’ and ‘personal data’ in the Federal Law of the Russian Federation ‘On Personal Data’. Three theories are used to analyse the approaches to the definition of these concepts: identification theory, linkage theory and privacy theory. The main attention is paid to the differences and similarities in the concepts of ‘personal information’ and ‘personal data’, as well as their classification within the framework of Chinese and Russian law. The similarities and differences between the two concepts under the laws of the two countries are analysed from two aspects: different ways of identifying the object and different subjects of identification. The aim of the article is to clarify the similarities and differences between the concepts of ‘personal information’ and ‘personal data’ used in Chinese and Russian legislation by comparing and analysing their theoretical foundations, definitional approaches, the history of the concepts and the reasons for their use, as well as their main classifications. The main research methods used in this work include literature analysis, comparative analysis, and case analysis. The main conclusions of the article are that there is no significant difference in content between "personal information" in the PRC Law on Personal Information Protection and "personal data" in the Russian Federal Law on Personal Data. The concepts of personal information and personal data are undoubtedly fundamental to the protection of personal information. However, numerous problems identified in judicial practice reflect the uncertainty of the concept of personal information and the complexity of its practical application. With the development of technologies in the era of big data, the protection of personal information faces new challenges. This is especially true against the backdrop of data fragmentation, where individual pieces of information can be linked, combined, and matched, allowing for the re-identification of specific individuals. Such dynamism and variability make traditional fixed concepts difficult to apply in real-world conditions. Therefore, future legislation should maintain flexibility and elasticity in defining personal information, adapting to changes in the development of information technologies and continuously adjusting and improving relevant legislation in accordance with the actual situation.
Keywords:
personal information, personal data, Chinese legislation, Russian legislation, comparative analysis, laws, data protection, China, Russia, information protection
Reference:
Ostroushko A.V..
Issues of legal regulation of the implementation of the main directions of scientific and technological development in Russia.
// Legal Studies.
2025. № 6.
P. 71-89.
DOI: 10.25136/2409-7136.2025.6.74715 EDN: DSLXOL URL: https://en.nbpublish.com/library_read_article.php?id=74715
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The subject of the research is the mechanism of legal regulation of the processes for the implementation of national programs in the field of scientific and technological development of the Russian Federation. The work analyzes the theoretical and legal foundations of this institution; it examines the targeted directions for the development of legal regulation specified in the National Projects and other documents regulating the achievement of national development goals; it analyzes the current state and compliance of existing legal mechanisms with established priorities; it identifies shortcomings and conflicts in the regulation of scientific and technological development; it proposes measures to improve its normative regulation and organizational-legal forms for the practical implementation of the provisions of strategic planning documents. Special attention is given to the fact that the documents containing the fundamental principles of state policy in this area pay insufficient attention to legal regulation, primarily stating goals and tasks, as well as planned outcomes to be achieved. It is justified that it is necessary to supplement and expand the regulation of technological development directions both with newly adopted normative legal acts and by amending existing ones. To conduct the research, a methodology was used that included an analytical review of strategic planning documents, the normative legal framework, drafts of normative legal acts, and scientific literature on the subject of research, as well as the generalization and systematization of data and the formation of proposals to resolve the identified problems. The results of the research showed the inadequacy of the existing legal framework for the effective implementation of measures to achieve scientific and technological development. Thus, the main criteria and a list of indicators for assessing the effectiveness of the activities of federal executive authorities for achieving prioritized directions of scientific and technological development have not been established. The legal norms that define specific steps for the implementation of the main directions of scientific and technological development of the Russian Federation at the current stage of the implementation of National Projects are still in the formation stage, which corresponds to the criteria outlined in the foundational documents. The novelty of the research lies in the identification and justification of the potential of the legal regulation mechanism in the field of scientific and technological development. Specific ways to improve legal regulation for each of the seven directions of scientific and technological development are proposed. In particular, changes to Federal Law No. 127-FZ "On Science and State Scientific and Technological Policy" and recommendations for the creation of a technological code are suggested.
Keywords:
scientific and technological development, technological sovereignty, import substitution, legal regulation, national projects, collisions, deficiencies in regulation, legality, improvement of legislation, strategic planning
Reference:
Khokhlova A.D..
Protection of Lawful (Legitimate) Expectations as a Key Aspect of the Principle of Maintaining Public Trust in the Law and Government Actions: Foreign and Russian Approaches
// Legal Studies.
2025. № 4.
P. 78-92.
DOI: 10.25136/2409-7136.2025.4.74320 EDN: IUJKBQ URL: https://en.nbpublish.com/library_read_article.php?id=74320
Abstract:
The relevance of studying the principle of maintaining citizens' trust in the law and government actions stems from its pivotal role in ensuring the stability of legal systems and the legitimacy of state governance. The contradictions between, on the one hand, the principle of trust in governmental actions – demanding legal certainty and stability – and, on the other hand, the flexibility of state administration highlight the necessity for a systemic analysis of mechanisms implementing this principle. The study aims to identify theoretical and practical aspects of protecting legitimate (lawful) expectations as an element of the principle of trust in governmental actions within the framework of comparative jurisprudence, as well as to determine its place in the Russian legal system through the synthesis of foreign experience and national law enforcement trends. The methodological foundation includes a comparative legal analysis of foreign doctrines and Russian practices, a historical-legal method for reconstructing the evolution of the principle, and a formal-legal analysis of regulatory acts and rulings of the Constitutional Court of the Russian Federation. The scientific novelty lies in the systemic examination of the interplay between legitimate expectations and institutions of procedural fairness and legal certainty across jurisdictions, as well as the synthesis of foreign concepts (e.g., the German principle of Vertrauensschutz, French sécurité juridique, and Anglo-American legitimate expectations) with Russian law enforcement approaches. The study proposes a classification of the grounds for legitimate expectations (individual assurances, established practices, regulatory acts). Research results revealed differences in the doctrine’s interpretation across legal systems: procedural protection in the UK, compensatory models in France, constitutional trust principles in Germany, and public interest prioritization in Canada and Australia. The Russian principle of maintaining trust in the law and governmental actions distinguishes between “lawful” and “legitimate” expectations and is implemented through legislative and enforcement dimensions. A critical analysis identified contradictions and challenges in practical implementation, leading to the formulation of development trends: unification of criteria for evaluating expectations, including clear definitions of their legal validity and protection mechanisms.
Keywords:
principle of maintaining public trust, legitimate expectations, lawful expectations, legal stability, rule of law, Constitutional Court of the Russian Federation, comparative legal analysis, legal certainty, procedural fairness, balance of interests
Reference:
Holzoda U.H..
Legal restrictions allowed in the election of house arrest and the prohibition of certain actions under the legislation of the Russian Federation and the Republic of Tajikistan
// Legal Studies.
2025. № 3.
P. 16-27.
DOI: 10.25136/2409-7136.2025.3.72602 EDN: YFWYQI URL: https://en.nbpublish.com/library_read_article.php?id=72602
Abstract:
The object of the study is the system of legal relations arising from the election of preventive measures in the form of house arrest and the prohibition of certain actions during criminal proceedings under the legislation of the Russian Federation and the Republic of Tajikistan. The subject of the article is theoretical ideas about prohibitions and restrictions in the selection of preventive measures in the form of house arrest and prohibition of certain actions, as well as problems of law enforcement arising in the investigative practice of pre-trial proceedings in Russian and Tajik criminal proceedings. The conducted research revealed a tendency in Tajik legislation to follow the development of Russian practice in terms of pre-trial proceedings and the emerging shortage of the available list of preventive measures. The study of statistical data confirmed the effectiveness of choosing a preventive measure in the form of a ban on certain actions under Russian law. Taking into account the similarity of legal systems and the sequence of development by analogy with Russian legislation, the need to borrow the prohibition of certain actions into the practice of the Republic of Tajikistan is expressed. The author proposed: 1) to adopt a preventive measure in the form of a ban on certain actions in the criminal procedure legislation of the Republic of Tajikistan; 2) to specify the prohibitions and restrictions allowed during house arrest, allowing to take into account the requirements for the degree of restrictions on constitutional rights; 3) to expand the list of existing restrictions and prohibitions in order to take into account all the circumstances and the identity of the suspect, the accused as much as possible when choosing preventive measures.
Keywords:
house arrest, preventive measures, limitations, prohibition of actions, The suspect, The accused, coercive measures, the petition, procedural decisions, proper behavior
Reference:
Novikov P.A..
Modern challenges in ensuring the protection of personal data of employees
// Legal Studies.
2025. № 3.
P. 28-44.
DOI: 10.25136/2409-7136.2025.3.73694 EDN: YKSZHR URL: https://en.nbpublish.com/library_read_article.php?id=73694
Abstract:
In the era of digital transformation, when data has become an integral part of business processes, the issue of protecting employees' personal data is of paramount importance. Modern organizations face unprecedented challenges related to the need to comply with regulatory requirements, counter cyber threats, and maintain employee trust. This study aims to analyze these challenges and develop practical recommendations for effective protection of employees' personal data. Ensuring the protection of employees' personal data is a complex and multifaceted task that requires organizations to take an integrated approach and continuously improve their policies and procedures. Compliance with legal requirements, countering cyber threats, ensuring transparency and control over data processing, as well as taking into account the specifics of certain categories of personal data are key success factors in this area. The methodological basis of the research is an integrated approach combining the analysis of the regulatory framework and expert assessments. One of the key aspects of scientific novelty is the identification and systematization of new threats to the security of personal data caused by the use of modern technologies. Such threats include, in particular, data leaks caused by cyber attacks on the employer's information systems, unauthorized access to personal data by insiders, as well as risks associated with the use of cloud services and mobile devices for processing and storing personal information. Another important element of the scientific novelty of this study is the development of a methodology for evaluating the effectiveness of existing measures to protect employees' personal data. Traditional assessment methods tend to focus on the general requirements of personal data protection legislation and do not take into account the specific risks that arise in the context of an employment relationship.
Keywords:
personal data, data processing, employee rights, compliance, cloud technologies, artificial intelligence, Internet of things, cybersecurity, data leaks, privacy policy
Reference:
Burtseva V.V..
Abortion as a way of violating a woman's reproductive right: a criminal-legal view of the problem
// Legal Studies.
2024. № 9.
P. 17-28.
DOI: 10.25136/2409-7136.2024.9.71752 EDN: FJMWVW URL: https://en.nbpublish.com/library_read_article.php?id=71752
Abstract:
Through the prism of criminal law views, the article raises issues of the concept of a woman's reproductive right and the need to recognize artificial termination of pregnancy (abortion) as a way to realize the said right of a woman, on the one hand, and a way to violate it, on the other. The object of the study is the social relations arising in relation to a woman's reproductive right and its criminal law protection. The subject of the study is the Russian modern criminal legislation, as well as scientific works reflecting the problems raised in the research. The methodological basis is the universal dialectical method of cognition. Along with it, general scientific and private scientific methods were used: dogmatic, hermeneutical, formal-logical, systemic, structural-functional, formal-legal, legal modeling, etc. The results of the study: the analysis showed that the Basic Law of the country, health care and administrative-tort legislation recognize a woman's reproductive right and positively address the issue of its protection. However, the current Russian criminal law lacks a system of norms that would effectively protect a woman's reproductive right. The lack of a systematic approach in the legal field has a negative impact on the unhindered realization of the most important right of a woman. Therefore, additional guarantees of such implementation are needed, criminal law protection can fill in the missing link of the system of Russian law in the analyzed area. The conclusion made as a result of the study: currently, there is an urgent need for legislative consolidation of special norms in which it is necessary to provide for criminal liability for various encroachments on a woman's reproductive right.
Keywords:
demographic policy, criminal law protection, crime, abortion, artificial termination of pregnancy, reproductive law, criminalization, public danger, the object of the crime, pregnancy
Reference:
Madatov O.Y..
Gender problems and discrimination at the present stage of society development
// Legal Studies.
2024. № 7.
P. 42-69.
DOI: 10.25136/2409-7136.2024.7.43464 EDN: NEANVL URL: https://en.nbpublish.com/library_read_article.php?id=43464
Abstract:
The article is devoted to the consideration of some aspects of human rights and freedoms, as well as restrictions imposed within the framework of the concept of gender equality. The object of the study is social relations regulating issues of rights, freedoms and duties of men and women. The subject of the study is the norms of international and national law governing the object of the study. The purpose of the research is to develop the main provisions of the new ideology of gender equality and its implementation in practice. The study of international and national law has shown that in modern society there is an acute problem of discrimination of citizens on sexual grounds. Despite the declared equality of men and women, reflected in the Universal Declaration of Human Rights, it has not been possible to achieve real gender equality in 74 years. Although the rights and freedoms of men and women established by the national legislation of most countries are actually equalized, their duties differ significantly from each other, and in the direction of discrimination against the male part of the population. At the same time, the ideologies developed, mainly by Western scientists, are actually imposed on our state for the onset of a negative scenario in Russia, which can be clearly observed on the example of Vietnam, Korea, Iraq, Afghanistan, Ukraine and a number of other states. In order to solve this problem, it is proposed to create a new ideology of gender equality related to the protection of traditional values, the essence of which is to eliminate gender differences in the rights, freedoms and duties of citizens. This ideology is based on the generally recognized principles and norms of international law and the peculiarities of Russian identity.
Keywords:
gender equality, international law, gender discrimination, infringement of rights, ideology, rights and freedoms, restriction of rights, national law, public relations, society and the state
Reference:
Vasileva Y.V., SHalegin S.P..
Protection of personal data in the process of using targeted advertising
// Legal Studies.
2024. № 6.
P. 70-80.
DOI: 10.25136/2409-7136.2024.6.70968 EDN: BDKPXN URL: https://en.nbpublish.com/library_read_article.php?id=70968
Abstract:
The subject of the research is normative and other legal acts, materials of law enforcement practice, provisions of the domestic legal theory concerning information security in social systems, especially the protection of personal information aimed at preserving the integrity of confidential data. The object of the study is public relations regulated by regulatory acts that secured the protection of personal data of Internet users. The purpose of the research is to study, generalize, theoretical and practical understanding of the legal regulation of the protection and processing of personal data through the prism of targeted advertising distributed through social networks, to develop on this basis a set of theoretical conclusions, legislative proposals and practical recommendations that provide a modern understanding of legislation in this area. The authors identify the specifics of targeted advertising, point out possible violations of legislation in the field of personal data when it is posted on social networks. The methodological basis for achieving the set research goal was both general scientific and special methods: complex, systematic, comparative legal, informational, statistical, concrete sociological, formal logical analysis. The scientific novelty of the study is the proposal to amend the current legislation on personal data and advertising to regulate the process of obtaining user consent for targeted advertising, ensuring transparency and protecting privacy; prohibiting site administrators from blocking access to information based on the user's refusal of targeted advertising; ensuring an open dialogue between the advertiser and the user on to explain the nature and purpose of the use of the collected data for advertising purposes. The main conclusions of the study are aimed at improving the provisions of legislation on the protection of personal data, taking into account the rapid spread of targeted advertising on the Internet information and telecommunications network.
Keywords:
digital development, The Internet, social network, targeted advertising, personal data, administrative responsibility, data leakage, advertiser, user, information security
Reference:
Rybka O.S., Lyapustina N.A..
Problems of legal regulation of MTPL insurance in the Russian Federation
// Legal Studies.
2024. № 6.
P. 15-29.
DOI: 10.25136/2409-7136.2024.6.70997 EDN: KUSOPD URL: https://en.nbpublish.com/library_read_article.php?id=70997
Abstract:
The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
Keywords:
MTPL insurance, problems of law enforcement, judicial practice, abuse of right, restorative repairs, failure to provide documents, collection in excess of the limit, penalties, separation of powers, insurance fraud
Reference:
Chetverikov A.O..
Right to digital integrity as a new fundamental human right? Pro et contra
// Legal Studies.
2024. № 5.
P. 8-31.
DOI: 10.25136/2409-7136.2024.5.70798 EDN: AINSRB URL: https://en.nbpublish.com/library_read_article.php?id=70798
Abstract:
The new technological order as well as digitalization (digital transformation) of social life are increasingly influencing the regulatory instruments thereof, giving rise to the emergence of technological (digital) branches of law and legislation («digital law» etc.). Until recently, these changes have left almost unaffected the institution of fundamental human and citizen’s rights and freedoms considered as «technologically neutral», i.e. applicable in every kind of environment, including the digital one. Nevertheless, the things here also changing, as evidenced by introduction into the Constitution of Geneva of a new kind of fundamental right entitled – the «right to digital integrity». The article explores and appraises the arguments for and against (pro et contra) the separate consecration of fundamental digital rights and corresponding fundamental digital duties of the State. The research derives from the combination of common scientific and legal exploratory methods together with an interdisciplinary approach (assessment of relevance of digital constitutionalism). The article provides an overview of global constitutional experience of countries of different continents, where the constitutional provisions containing digital rights (DR) have been proposed or are already in force. Taking as a starting point the Swiss legal provisions, the article presents the right to digital integrity and evaluates the positive and negative consequences of its constitutionalisation. Given, the uncertainty of the effects of the abovementioned constitutional innovation the author points out that it is preferable to consecrate the right to digital integrity in federal States initially at the level of federal entities and only later at the national level, as Switzerland did. The author's special contribution to the research of the topic consists in the identification and comparison of conflicting legal arguments supporting and criticizing the specific consecration of digital rights.
Keywords:
constitution, integrity, fundamental rights, case law, interpretation, federalism, digitalization, digital constitutionnalism, digital rights, Switzerland
Reference:
Purge A.R..
On the need to use baby boxes in Russia and other countries
// Legal Studies.
2024. № 3.
P. 35-50.
DOI: 10.25136/2409-7136.2024.3.69809 EDN: HMQAFA URL: https://en.nbpublish.com/library_read_article.php?id=69809
Abstract:
The subject of this study is the normative legal provisions of the application and functioning of baby boxes on the territory of various states. The object is the social and legal justification of the need in the modern world for the use of baby boxes in the context of the implementation of the constitutional principle of the child's right to life. Article 3 of the Universal Declaration of Human Rights enshrines the inalienable and inalienable right of every human being to life, and, of course, this requirement fully applies to every child. Moreover, the principle has been proclaimed at the international legal level, according to which the child is the exclusive object of protection by any state in the world and society: for example, in part 2 of Article 25 of the Universal Declaration of Human Rights it is enshrined that infancy and childhood give the right to special care and care. The methodological basis of this study is represented by a set of such methods of scientific cognition of objective legal reality, applied during preparation and writing, as: comparative analysis, as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The author analyzes the main social and legal reasons for the emergence and spread of the practice of using baby boxes in a number of foreign countries and in certain regions of Russia. Ambiguous points of view on the need for legal regulation and practice of using baby boxes in Russia are also presented today at the doctrinal level: some authors talk about the expediency and effectiveness of their use, others note their uselessness and insecurity, pointing to the existence of other mechanisms for voluntary parental abandonment of newborn children established by law. In the course of the analysis, the author presents the reasons for the need to introduce the practice of using baby boxes both in the Russian Federation and in other countries, and as a result, this entails the need for legislative regulation of the relations in question.
Keywords:
kid, parents, the right to life, baby box, the object of protection, state, protection of rights, the adoptive parent, foster family, orphaned children
Reference:
Kitaeva V..
Forms of organization of people as a primary stage in relations with the state
// Legal Studies.
2024. № 3.
P. 22-34.
DOI: 10.25136/2409-7136.2024.3.70130 EDN: BASMAA URL: https://en.nbpublish.com/library_read_article.php?id=70130
Abstract:
The article analyzes the legal and organizational foundations of interaction between public authorities and people. Local self-government is considered as a modern and most important form of organizing the activities of people, since it is the type of public authority closest to the population and is designed to solve issues of local importance in a particular territory. The subject of the study is the problems of interaction between public authorities and people due to the fact that at the present stage in our country there is an urgent demand for direct participation of people in solving issues of local importance, since active participation of people in the field is necessary to solve national issues. The methodological basis was general scientific and special research methods: formal legal, systemic, comparative legal analysis. For example, the formal legal method made it possible to analyze the main forms of local self-government, and the comparative legal method helped to conduct a comparative analysis of the forms of direct implementation of local self-government and forms of public participation in the implementation of local self-government. The purpose of the work is achieved by identifying and analyzing current problems of interaction between public authorities and people. Result of the research that not all forms of interaction between public authorities and people are equally effective. Some of them are outdated. The article concludes that there is a need for priority interaction of public authorities with people to resolve issues of local importance, as well as that it is the forms of organization of people that are the primary link in relations with the state. The authorities need to involve people in the development of territories and solving problems, interacting in various forms and implementing the most successful practices of the regions everywhere.
Keywords:
local self-government, state authorities, public authorities, forms of organization of people, interaction, direct forms, unified system authority, state, e-government, regional practice
Reference:
Nadtochiy Y.B..
Legal assistance: current state, problems and prospects
// Legal Studies.
2023. № 12.
P. 36-47.
DOI: 10.25136/2409-7136.2023.12.69386 EDN: DTLORH URL: https://en.nbpublish.com/library_read_article.php?id=69386
Abstract:
The access to the competent legal assistance is recognized as one of the key national social tasks. The importance of legal assistance as an independent guarantee of rights, freedoms and legitimate interests is of no doubt. The important question is to what extent a free legal assistance is necessary and demanded in present-day conditions. The goal of research described in the article is to study the status, problems and prospects for developing the Russian system of free legal assistance today. The research mainly used theoretical and empirical general scientific methods and specific scientific methods, such as analysis, synthesis, induction, deduction and comparison, as well as questionnaire survey. As part of the goal, we have studied main aspects of the free qualified legal assistance to the population. The research findings show that the lack of the population awareness of legal support services, and sometimes even their legal illiteracy, causes many people to be afraid to apply for free legal assistance. In addition, findings of the research on the attitude of younger generation to free legal assistance allow us to develop some practical recommendations on how to improve the level of legal culture and literacy of the population. The author considers in the article some aspects of providing legal assistance to the population and try to answer the question: do present-day youngsters need legal assistance, and how they regard the existing organization of legal support for the population.
Keywords:
support, legal support for the population, legal assistance, consultations, free help, lawyers, problems, the prospects, surveys, students
Reference:
Semiannikova D.A..
Legal regulation of the provision of comprehensive rehabilitation to military personnel participating in a special military operation.
// Legal Studies.
2023. № 12.
P. 67-76.
DOI: 10.25136/2409-7136.2023.12.69154 EDN: EOZCYO URL: https://en.nbpublish.com/library_read_article.php?id=69154
Abstract:
The conduct of a special military operation on the territory of Ukraine (hereinafter referred to as SVO) gave a great impetus to the development of legal regulation of relations arising between the state and the military, and the revision of the basic laws in this area. The purpose of the study is to pay special attention to the analysis of the status of servicemen who returned from the SVO zone, which led to the emergence of new tasks: firstly, updating existing legislation, inventing new legal mechanisms to organize the granting of the right to rehabilitation of servicemen of this category; secondly, the need for practical provision of rehabilitation measures: the use of existing tools, from the involvement of organizations that can use existing resources to provide them before developing new methods and methods of rehabilitation, both at the federal and regional levels. In the course of the study, the tasks set were solved by the author using general scientific (dialectical, systematic, formal-logical) and legal (comparative-legal, sociological, axiological) research methods. The novelty of the study lies in the fact that the author has determined the legal status of servicemen who returned from their military service zone (discharged from military service), which allows determining their right to comprehensive rehabilitation: military personnel who have received the status of a combat disabled person and military personnel who have received the status of a combat veteran. The author came to the conclusion that the volume of rehabilitation of combat invalids is determined by his status, assuming the existence of all the rights of persons with an established disability. The author also analyzed regional legislation in this area and determined that some areas within the framework of the comprehensive rehabilitation of military personnel, which the regions focus on, seem promising, however, a more "point policy" in this area is carried out in the regions, taking into account the capabilities of each region and existing resources, which does not always cover all the tasks of comprehensive rehabilitation. The main conclusion of this study is the determination that comprehensive rehabilitation should be multidimensional and take into account many factors for the real recovery of such a category of citizens as military personnel who participated in the SVO, which can only be achieved by the certainty of federal legal regulation in this area, establishing a single legal status of such subjects to secure them a specific right to comprehensive rehabilitation.
Keywords:
military person, rehabilitation, special military operation, social security, serviceman's legal status, combat veterans, disabled veterans, complex rehabilitation, regional legislation, federal legislation
Reference:
Shmidt T..
Features of legal regulation in the context of a pandemic.
// Legal Studies.
2023. № 11.
P. 1-13.
DOI: 10.25136/2409-7136.2023.11.44075 EDN: DBRIKQ URL: https://en.nbpublish.com/library_read_article.php?id=44075
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Abstract:
This article analyzes the key vectors of the impact of extraordinary circumstances on the legal regulation. Particular attention is paid to the influence of the COVID-19 pandemic as a sample of natural unforeseen conditions that greatly affected the legal framework. The impact of the exceptional circumstances on the legal regulation determines the trends in the development of domestic legislation in this area. The author studied the set of legislative acts adopted during the coronavirus pandemic. Within the framework of the research methodology, general scientific methods (synthesis, induction-deduction approaches, generalization, etc.) and specialized methods (formal legal, comparative legal, etc.) were used. The study identified key areas of the impact of emergency circumstances on the legal framework during the coronavirus pandemic, the analysis of the impact of which serves as a basis for the subsequent development of legal regulation in such situations. The impact of the coronavirus pandemic, as a sample of natural exceptional conditions, acts in increasing the scope of legal regulation, which causes the expansion of the regulatory framework; the development of legal regulation outside the specified area; increased activity in the use of quasi-legal mechanisms; modification of the boundaries between mandatory and optional legal regulation; blurring the boundaries between individual legal areas through formation of new "cyclical legal segments"; modification of the legal framework as a whole.
Keywords:
development of law, extreme situations regulation, legal regulation limits, extraordinary circumstances, COVID-19 pandemic, coronavirus, legal regulation, research methodology, synthesis, induction-reduction approaches
Reference:
Gorokhova S.S., Khvatova M.A..
On some aspects of the transformation of the general provisions of the legislation of the Russian Federation in the field of Russian citizenship
// Legal Studies.
2023. № 10.
P. 14-26.
DOI: 10.25136/2409-7136.2023.10.68741 EDN: UKRYOY URL: https://en.nbpublish.com/library_read_article.php?id=68741
Abstract:
The subject of the study is the general provisions of Federal Law No. 138-FZ of 28.04.2023 "On Citizenship of the Russian Federation". The author analyzes the content of the first chapter of the law in comparison with similar norms of the previously valid Federal Law of 31.05.2002 N 62-FZ "On Citizenship of the Russian Federation". The author focuses on the changes that have taken place in the sphere of legal regulation of issues of Russian citizenship, identifies similarities with the previously existing regulatory legal act, and also explores the essence of newly introduced legislative innovations in the field of regulation of the general provisions of legislation on citizenship of the Russian Federation. The main conclusions of the study are the following provisions. The relevance of the adoption of the new federal law "On Citizenship of the Russian Federation" is determined by the necessity caused not only by geopolitics, multidirectional migration flows, territorial changes, but also by the difficult demographic situation that the state is experiencing at the moment. At the same time, it is obvious that, despite the certain similarity of the new Law on Citizenship of the Russian Federation with the previously existing one, even its first chapter, devoted to the general provisions regulating issues of Russian citizenship, contains a number of novelties that allow us to talk about a significant change in legal regulations in this area.
Keywords:
citizenship, principles of citizenship, dual citizenship, multiple citizenship, citizen, foreign citizen, a stateless person, acquisition of citizenship, passport, The Law on Citizenship
Reference:
Dzodzikov Z.U..
Problems of realization of the constitutional right to education in Russia
// Legal Studies.
2023. № 10.
P. 35-53.
DOI: 10.25136/2409-7136.2023.10.68760 EDN: CIUAHB URL: https://en.nbpublish.com/library_read_article.php?id=68760
Abstract:
The problems of realization of the right to education guaranteed by the Constitution of the Russian Federation are characterized by interdependence, mutual influence and multiplicity. Quotas and segmentation in the higher education system are not new and are already known from the pre-revolutionary and Soviet periods of our country's history. The recent expansion of the number of categories of persons eligible for quotas for admission to universities requires participants in the education system to take measures to predict and prevent possible adverse events during and after training, as well as during the process of filling budget places according to quotas. It is noted that the post-traumatic stress disorder of combatants seriously impedes the assimilation of educational material, social interaction, mental, emotional and psychological health in general. To date, a change in the profile of the applicant and graduate is predicted (including their psychophysical qualities), in this regard, a change in the level of quality of training of professional personnel. Taking into account foreign experience in adapting the higher education system for veterans, the need for the formation of tools in the education system for socio-psychological, methodological (tutor) support and social support of veteran students is emphasized. The author comes to the conclusion that in order to solve the problems, it is necessary to implement comprehensive strategies and programs taking into account various aspects of education and thereby ensure universal access to quality education and the realization of the full constitutional right to education in the Russian Federation.
Keywords:
current problems, veterans and education, quotas for education, combatants, constitutional law, right to education, Russian Federation, problems of education, implementation of rights, constitutional guarantees
Reference:
Bagreeva E.G., Shirochenskaya I.P..
Models of regulation of consumer behavior in the conditions of the sanctions regime
// Legal Studies.
2023. № 9.
P. 70-84.
DOI: 10.25136/2409-7136.2023.9.43549 EDN: YEJFMU URL: https://en.nbpublish.com/library_read_article.php?id=43549
Abstract:
The article discusses market trends and models of legal regulation of consumer behavior in a sanctioned economy. The subject of the study is the models of legal regulation of consumer behavior under sanctions. The relevance of the topic is due to the fact that currently the Russian consumer goods market (including premium ones) is going through quite difficult times due to the special military operation in Ukraine, which began in February 2022. The situation is complicated by factors such as the tightening of sanctions and the withdrawal of many Western manufacturers from the Russian market. In such conditions, legal regulation of consumer behavior becomes particularly important. The scientific novelty of this study consists in conducting a comparative analysis of models of legal regulation by responsible consumer behavior in the conditions of a sanctioned economy. The existing regulatory framework of the Russian Federation and the Islamic Republic of Iran is also analyzed. The comparative analysis carried out in the article allowed the authors to draw some conclusions, identify the main models of legal regulation of marketing management of responsible consumer behavior in the conditions of the sanctions economy and formulate a number of practically applicable recommendations. The implementation of the proposed recommendations will eliminate some of the negative effects that occur in the conditions of the sanctions economy and negatively affect the market situation, consumer behavior and the economy as a whole.
Keywords:
sanctions, behaviour, consumers, models, market, import substitution, demand, proposal, regulation, foreign experience
Reference:
Usanov D.O..
The problem of ensuring freedom of conscience and religion by law enforcement agencies of Scandinavian countries in modern conditions: public law aspect
// Legal Studies.
2023. № 9.
P. 85-93.
DOI: 10.25136/2409-7136.2023.9.43960 EDN: YFATEA URL: https://en.nbpublish.com/library_read_article.php?id=43960
Abstract:
The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.
Keywords:
constitution, public law, Scandinavian states, human rights, freedom of conscience, religion, law enforcement agencies, police, discrimination, public action
Reference:
Gorokhova S.S..
About some problems of law enforcement activities in the field of state social assistance and support to poor citizens in Russia
// Legal Studies.
2023. № 8.
P. 64-83.
DOI: 10.25136/2409-7136.2023.8.43853 EDN: UVBQZX URL: https://en.nbpublish.com/library_read_article.php?id=43853
Abstract:
The subject of the study is the most common conflict situations that are resolved, mainly in court, in the field of providing state social assistance and support to the poor citizens. The author analyzes the existing, rather extensive judicial practice in this area, focusing on the most socially significant aspects of law enforcement that need further improvement. The methodological basis of the study was a set of general scientific methods of cognition, based on a dialectical general philosophical basis, and, in turn, determining the use of certain private scientific methods, primarily statistical methods in the law enforcement sphere. The article was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation in 2023. The sphere of assistance to low-income citizens and families is extremely conflictual from the point of view of law enforcement. The most common categories include legal disputes related to: contradictions between federal legislation and regulatory acts of the regions of the Russian Federation; imperfection of federal and regional legislation; improper application of the norms of substantive and procedural law; violation of the terms of the social contract; recovery of funds unreasonably paid to recipients of social assistance; bringing to administrative responsibility for misuse budget funds; challenging the refusal to provide social services, in the form of vouchers for sanatorium treatment.
Keywords:
social assistance, social support, state aid, social contract, poor citizen, a needy citizen, living wage, social security, social policy, legal conflict
Reference:
Mayakova E.O..
Work with citizens' applications in the context of digitalization: departmental aspects
// Legal Studies.
2023. № 8.
P. 51-63.
DOI: 10.25136/2409-7136.2023.8.43860 EDN: UUSFXQ URL: https://en.nbpublish.com/library_read_article.php?id=43860
Abstract:
Applications act as an important channel of feedback between the population and state authorities. An important element of the system of federal executive bodies of the Russian Federation, which are entrusted with the functions of ensuring the rights of citizens to appeal, is the Ministry of Internal Affairs of the Russian Federation. The article discusses the main provisions that determine the unified procedure for working with applications from citizens and organizations in accordance with the new conditions for the development of our state - the introduction of the "Digital Government" system. On the example of the Ministry of Internal Affairs of the Russian Federation, the possibilities and mechanisms for working with citizens' applications using the electronic document management service of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia are specified. The author comes to the conclusion that information about working with citizens' appeals characterizes the state and effectiveness of the system of internal affairs bodies, since it is primarily associated with the accumulation of various information, quantitative and qualitative assessments of which can bring the system closer to solving priority tasks, namely, ensuring protection public order and the fight against crime. When analyzing the registration and control forms of the section "Appeals of citizens and organizations" of the application service for electronic document management of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia, a number of problems were identified that arise in connection with the introduction of digital technologies, indicating that the procedure for considering applications in the bodies internal affairs is carried out in conditions of inferior legal regulation. The conclusion is made about the available resources in the development of the current classification system for incoming applications.
Keywords:
information technology, electronic applications, the Ministry of Internal Affairs of Russia, digital government, classification of applications, typical classifier, appeals of citizens, automated information system, right to appeal, ISOD of the Ministry of Internal Affairs of Russia
Reference:
Rybka O.S..
Protection of the rights of persons undergoing medical examination for the purpose of conscription in the Russian Federation
// Legal Studies.
2023. № 7.
P. 71-81.
DOI: 10.25136/2409-7136.2023.7.43585 EDN: SRDYKD URL: https://en.nbpublish.com/library_read_article.php?id=43585
Abstract:
The object of this study is the social relations of medical examination during the conscription of citizens for military service in the Russian Federation, as well as the rights and interests of persons involved in these relations. The subject of this study is the protection of the rights and interests of persons who undergo a medical examination when conscripted into the army in the Russian Federation. The author reveals in detail the violations of citizens' rights by the conscription commission of the military commissariat during the medical examination by the military medical commission, including relying on judicial practice, and also suggests ways to solve problems related to these violations. The scientific novelty of the topic lies in the study of problematic aspects and practice of applying legislation in the field of medical examination during conscription, such as violation of the rules of examination, as well as disregard for the rights of citizens and the integrity of the procedure. This scientific study can provide new data and analysis of shortcomings in the medical examination procedure, which may be useful for subsequent amendments to legislation or the development of appropriate practical recommendations. The scientific study of this topic will also allow us to determine which legal mechanisms can be used to protect the rights of citizens in case of violation of their rights, as well as to develop recommendations for improving legislation and practice of its application in order to improve the situation in this area.
Keywords:
Military service, medical examination, conscription, protection of citizens' rights, conscript, military medical commission, judicial protection, military commissariat, violations of rights, category of fitness
Reference:
Milchakova O..
Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons
// Legal Studies.
2023. № 6.
P. 10-19.
DOI: 10.25136/2409-7136.2023.6.40925 EDN: HIAHYH URL: https://en.nbpublish.com/library_read_article.php?id=40925
Abstract:
The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered. As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.
Keywords:
foreign investment, strategic society, national defense, state security, deal with vice, invalidity of transactions, nullity of transactions, restitution, foreclosure on income, disenfranchisement
Reference:
Belikova K.M..
Does Russia need a fixed percentage of originality and the very originality of scientific papers: reflections of a lawyer
// Legal Studies.
2023. № 3.
P. 62-104.
DOI: 10.25136/2409-7136.2023.3.40421 EDN: MGAHSR URL: https://en.nbpublish.com/library_read_article.php?id=40421
Abstract:
The subject of research in this article is the search for answers to the following questions: if there is a need to fix the percentage of originality of scientific papers; can "new knowledge" be "born" when writing a dissertation that on 100% represents "quoting" of the works of other authors, is it legitimate, as recommended by the representative of "Anti-Plagiarism", to combine the indicators of the originality of the text and self-citation to fix the share of the author's text – as well as the establishment of the line between conscientious and non-conscientious self-citation, scientific analysis of the concepts of "originality", "independent scientific work", etc. To answer these questions, an analysis of relevant Russian and foreign legal and local regulations and doctrines is carried out. Special attention is paid to the practice of using similar to the "Anti-Plagiarism" systems abroad. During the study the author proceeds from the subjective-objective determination of processes and phenomena, using general scientific dialectical, historical, comparative legal, etc. methods of scientific cognition. As a result of the study it is concluded that the issue of plagiarism, on the one hand, becomes much broader and more complex than direct verbatim borrowings from scientific works of other authors, captured by the "Anti-Plagiarism" system used for some time in our country, and, on the other hand, requires a rethinking of the approaches prevailing in theory (doctrine) and practice to identify the "originality" by way of "Anti-plagiarism" system used in Russia and puts the question of ways to identify originality and requirements and methods, mechanisms and forms of its expression. There is a need thus for broad discussion, rethinking and finding consensus in society regarding: 1) the prevailing approaches in theory (doctrine) and practice to identify the "originality" by way of "Anti-Plagiarism" system used in Russia and the question of ways to identify originality, requirements for it and methods, mechanisms and forms of its expression, 2) intellectual property objects, in particular, copyright objects that must be subject to the openness regime based on ceasure of protection by copyright.
Keywords:
originality of scientific works, fixed percentage of originality, Antiplagiarism system, citations, references, self-citations, legitimate citations, new knowledge, originality machine verification, legal approaches
Reference:
Gorban V.S., Gruzdev V.S..
The Nature and Main Activities of the American Bar Association
// Legal Studies.
2022. № 12.
P. 1-18.
DOI: 10.25136/2409-7136.2022.12.39414 EDN: ZPHWLR URL: https://en.nbpublish.com/library_read_article.php?id=39414
Abstract:
The subject of the study is the problems of the participation of public organizations in ensuring and improving the legal regulation of public relations, as well as the coordination of professional activities of lawyers, analyzed by the example of the functioning of the American Bar Association. The article examines and highlights the issues of the history of the formation of the legal profession and legal education in the United States, the formation of a professional association of lawyers in this country, its status and main activities. Previously, the issues of the organization and activities of the American Bar Association have not been studied in Russian legal science, although the results of such a study can serve as a comparative study of Russian and foreign experience on essential aspects of the functioning of professional associations of lawyers in Russia. The scientific novelty of the study is to highlight the nature and functions of the American Bar Association, which fills a significant gap in the study of foreign experience of professional associations of lawyers. The results obtained are based on original sources, acts and materials published directly by the American Bar Association, as well as commentatory literature. The features of the formation of the legal profession in the USA, the role and place of the association of lawyers, the nature of program documents and contradictory aspects of the implementation of the goals and objectives of this professional association in its practice are demonstrated, including conclusions about the importance of a number of targets that are implemented in the main modules of the activities of this public professional association.
Keywords:
public associations, legal community, American Bar Association, rule of law, barristers, attorney, judicial reforms, legal education, international law, human rights
Reference:
Sekretaryov R.V..
Actual Problems of Russian Legislation on Freedom of Conscience in the First Quarter of the XXI Century.
// Legal Studies.
2022. № 8.
P. 27-40.
DOI: 10.25136/2409-7136.2022.8.38465 EDN: UAEZPS URL: https://en.nbpublish.com/library_read_article.php?id=38465
Abstract:
The object of this scientific research is state-confessional relations at the federal and regional levels, as well as the relationship between local governments and religious organizations and law enforcement practice. Sects and cults can be studied from the point of view of sociology, history, religious studies, psychology. But if such a phenomenon as sects and cults is present in public life, it must also be properly regulated by legal norms. The subject of the study is regulatory legal acts of the Russian Federation and the subjects of the Russian Federation, as well as municipal legal acts regulating various aspects of the activities of religious organizations. Since 1997, the Federal Law "On Freedom of Conscience and on Religious Associations" (hereinafter – Federal Law No. 125-FZ) has been in force in Russia. If we analyze the legislation that regulates public relations in the sphere of the realization of the right to freedom of conscience and freedom of religion, as well as the legal status of religious organizations, then, in our opinion, one of the problems that, despite its undoubted relevance, has not received due attention from the domestic legislator to date, is the problem of the use of terms "(totalitarian) sect", "(destructive) cult". Along with the formal legal method, such methods of scientific cognition as induction, deduction, hypothesis, analogy were used in the preparation of the study. In addition, typology, classification and systematization were used as auxiliary methods.The scientific novelty of the research is a comprehensive analysis of the legal regulation of the activities of "new religious organizations", synonymous with the concepts of "(totalitarian) sect", "(destructive) cult" in everyday life, and sometimes in normative legal acts. As the main result of the research undertaken, the author suggests specific measures for both point-by-point changes in the current legislation and complex changes in the model of state-confessional relations as a whole.
Keywords:
Religious associations, sects, cults, freedom of conscience, freedom of religion, state-confessional relations, missionary activity, law enforcement practice, secularization, legislation of the Far Eastern Federal District
Reference:
Proniakina S..
Dual citizenship in the context of the interaction of international and national public law
// Legal Studies.
2022. № 5.
P. 61-75.
DOI: 10.25136/2409-7136.2022.5.38115 URL: https://en.nbpublish.com/library_read_article.php?id=38115
Abstract:
The subject of the study is international legal conventions and agreements concluded in the XX-XXI centuries on issues of dual citizenship. The methodological basis of the research consists of the following methods of cognition: system legal analysis, comparative legal and formal legal analysis. The purpose of the work is to compare international legal norms that consolidate the legal status of persons with dual citizenship. The article examines the issues of military duty and tax payment by bipatrides, as well as the constitutional and legal regulation of legal relations related to citizenship, analyzes the institution of dual citizenship in the context of the protection of state sovereignty. The author considers bilateral international legal agreements concluded on issues of dual citizenship. The author concludes that the adopted international acts are mainly aimed at reducing the occurrence of dual citizenship, which indicates the unwillingness of countries to openly recognize this legal institution. The scientific novelty of the study lies in the fact that the author proposes the inclusion in international legal acts on the avoidance of double taxation of additional criteria for determining the status of tax residence of bipatrids. In order to develop international cooperation with the Republic of Belarus, the author proposes the adoption of a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.
Keywords:
citizenship, dual citizenship, bipatrides, state, international treaties, international conventions, international standards, Union State, unified union citizenship, double taxation
Reference:
Sokolova M.V., Listratov I.V., Petrosyan D.I..
Legality of University' Students Behavior
// Legal Studies.
2022. № 4.
P. 13-24.
DOI: 10.25136/2409-7136.2022.4.37896 URL: https://en.nbpublish.com/library_read_article.php?id=37896
Abstract:
The subject of the study is the legality of students' behavior in Vladimir branch of the RANEPA (University). The students under conducted research were chosen form economic, managerial and legal departments of University. The author examines in detail such aspects of the topic as: the permissibility of violating laws in the mass consciousness of students, the reasons for committing illegal acts and the factors that deter from violating the law. The work also reveals such aspects of the problem as: the frequency of applying to specialists for legal assistance, the main difficulties faced by young people in obtaining and applying legal information, the reasons for refusing to protect their own rights. Special attention is paid to the specialty of legal behavior of students from law department of University. As a result of the study, the following conclusions were obtained: ignorance of the law often leads to the commission of illegal actions, there is also a psychological nature of offenses when a crime is committed under the influence of feelings, emotions or "illegal acts committed for friendship". There are professional features of legal behavior. Students studying in the specialty "Judicial and prosecutorial activity" are more likely than others to think about preserving their positive reputation. A significant part of respondents are poorly oriented in the sources of obtaining legal information and do not always understand where to turn for help. A fifth of all respondents do not defend their rights. There is still a fairly high level of distrust towards the police.
Keywords:
legal conduct, student, legal consciousness, sources of legal information, legal culture, legal specialty, lawyer, offense, higher education institution, protection of rights
Reference:
Proniakina S..
Denaturalization as a special ground for termination of legal ties with the state
// Legal Studies.
2021. № 10.
P. 59-73.
DOI: 10.25136/2409-7136.2021.10.36630 URL: https://en.nbpublish.com/library_read_article.php?id=36630
Abstract:
The legal grounds for acquisition and revocation of citizenship by persons born and residing on the territory of different states may differ significantly due to historical, political, economic, and other reasons. This article provides a comprehensive analysis of the grounds for revocation of citizenship – denaturalization. The author establishes the factors and circumstances that contribute to termination of the political0legal ties of an individual with the state upon the initiative of the state. The article explores the international legal acts, as well as conducts a comparative analysis of the legislation of different countries on the issues of denaturalization. The author reviews the conditions and restrictions for implementation of the procedure for revocation of citizenship by the state, as well as correlation of such grounds for termination of citizenship as revocation of citizenship and reversal of decision on naturalization. The scientific novelty lies in the conclusion that revocation of citizenship is not prohibited by the international legal acts if there are legal grounds established by the domestic legislation of the country. Such grounds may include unlawful actions of a citizen against public security and national interests, as well as other actions that undermine the fundamentals of the constitutional system. The author offers the open legislative consolidation of the legal institution of denaturalization for the possibility of revocation of citizenship of an individual upon the initiative of the state.
Keywords:
citizenship, termination of citizenship, deprivation of citizenship, revocation of citizenship, national interests, state security, state, government, public safety, fundamentals of the constitutional order
Reference:
Sidneva A.M..
The specificity of legal regime for implementation of business activity in the territories of advanced socioeconomic development
// Legal Studies.
2021. № 10.
P. 74-86.
DOI: 10.25136/2409-7136.2021.10.36676 URL: https://en.nbpublish.com/library_read_article.php?id=36676
Abstract:
The subject of this research is the legal regime for implementation of business activity in the territory of advanced socioeconomic development in the Russian Federation. The object of this research is the social relations that arise between the actors in the course of conducting business activity in the territory of advanced socioeconomic development. The article outlines the essential characteristics of the definition of the territory of advanced socioeconomic development based on the available research on the topic and current legislation of the Russian Federation. The author also explores the constituent composition of the territory of advanced socioeconomic development and debating points related to implementation of their rights and responsibilities. The scientific novelty lies in determination of the new theoretical positions towards the fundamentals of legal regulation of business activity in the territory of advanced socioeconomic development, and formulation of recommendations for improving the statutory support of such relations. Having analyzes the legal regulation of business activity conducted in the territory of advanced socioeconomic development, the author determines the specificity of implementation of such activity, as well as characteristics of the territory of advanced socioeconomic development from cognate categories with similar legal regime. The article considers the constituent composition of the territories of advanced socioeconomic development and peculiarities of implementation of their rights and responsibilities.
Keywords:
TOSER, management company, resident, entrepreneurial activity, legal regime, preferences, land plots, reorganization, regime, purchase and sale agreement
Reference:
Rouvinsky R.Z..
Social credit mechanisms and modern standards of legal protection of personal data: correspondence problems
// Legal Studies.
2021. № 9.
P. 174-189.
DOI: 10.25136/2409-7136.2021.9.36520 URL: https://en.nbpublish.com/library_read_article.php?id=36520
Abstract:
The subject of this article is the problem of correspondence of the practices of digital profiling and social score, which imply collection and analysis of biographical (reputational) information, to the worldwide-accepted standards of protection of personal data and privacy. Analysis is conducted on the legislation of the People's Republic of China – the country that in recent years has implemented the “Social Credit System” in the sphere of public administration. This project consists of management practices, which are viewed through the prism of the legal model of personal data protection formed by the Law in Protection of Personal Information adopted in 2021. The peculiarity of this research is its comparative legal nature: the provisions of China’s legislation are juxtaposed to the provisions of the General Data Protection Regulation adopted in the European Union and Russia’s Federal Law “On Personal Data”. Assessment is given to the European and Russian models of regulation of operations with personal data in the context of possible implementation of digital profiling practices, social score (ranking, grading), and automated law enforcement decision-making. Having determined the gaps in the current Russian and EU legislation on personal data, and indicating the risk caused by the presence of blanket rules, the conclusion is made according to which the modern legislation on personal data can be an obstacle for arbitrary use of such data; however, it cannot stop the implementation of innovative technologies, mechanisms and practices that suggest using registry and biographical information of individuals for the purpose of social control into the public administration.
Keywords:
social credit system, personal data, digital profile, automated decision-making, GDPR, legislation of the PRC, social rating, digitalization of public administration, social control, Chinese law
Reference:
Stepanova A..
Legal framework for continuous environmental education of Finnish citizens as the basis of environmental wellness of the country
// Legal Studies.
2021. № 6.
P. 43-55.
DOI: 10.25136/2409-7136.2021.6.34731 URL: https://en.nbpublish.com/library_read_article.php?id=34731
Abstract:
Finland is one of the leading countries in implementation of the principles of sustainable development on the federal level. The foundation for successful environmental policy of this country is the comprehensive and continuous environmental education of citizens. Finns are recognized by the global community as one of the most environmentally conscious people in the world. The article explores Finland ‘s experience in implementation of environmental education in all spheres of social life. Special attention is given to international agreements and conventions that considerably impacted the recognition of environmental education as the basis for the development of environmental culture of the population. The author determines the stages of formation of the normative framework for implementing the environmental education policy. Analysis is conducted on the functions of the main government branches that are responsible for the development of plans and strategies on implementation and coordination of all-round environmental education. The author explores the mechanism of cooperation of the key actors in implementation of the strategies of sustainable development of the country. The article provides the examples of realization of the policy of continuous environmental education in preschools, schools, higher educational institutions, and other educational establishments; as well as the methods of instilling environmental consciousness in the citizens of all age groups. The author analyzes major achievements of Finnish policy on improving environmental culture and increasing environmental awareness of its citizens; assesses its effectiveness and role in setting the course for sustainable development of the country. The experience of Finland can serve as an example of improving this institution in the Russian Federation.
Keywords:
environmental education, sustainable development, Finland, commission for Sustainable Development, sustainable development policy, lifelong education, strategy, environmental commitment, environmental enlightenment, environmental information
Reference:
Starodubova L.V..
The ratio of the subject of the offense and the victim from the position of the general theory of law
// Legal Studies.
2021. № 6.
P. 35-42.
DOI: 10.25136/2409-7136.2021.6.35823 URL: https://en.nbpublish.com/library_read_article.php?id=35823
Abstract:
The correlation of such concepts as "the subject of an offense" (crime) and "victim" in the framework of the general theory of law is investigated. Modern legal literature has enough studies of the relationship between the object of the offense and the victim, however, without paying enough attention to the subject of illegal encroachment, although it is the question of the relationship of the victim with him that is one of the most controversial and ambiguous in the theory of offense. Moreover, the vast majority of theorists writing about the subject of the offense and the offense as a whole conduct their research within the framework of branch legal sciences, primarily within the sciences of criminal and administrative law. Nevertheless, the general theory of state and law should be the fundamental, methodological science that dictates its own view of concepts and ideas, perceived in the future by branch sciences. В В В According to the results of the study, the author comes to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from his point of view, cannot act as either the object of a legal relationship or its subject. Through the illegal encroachment of the offender on the victim, they cause harm to the public attitude under the protection of the law as a whole.In the question of the relationship between the subject of the offense and the victim, we came to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from our point of view, cannot act as either an object of a legal relationship or his subject.
Keywords:
general theory of law, theory of offense, offense, the subject of the offense, the object of the offense, the subject of the crime, the victim, the subject of the offense, legal protection, public relations
Reference:
Shikhovtsova A.O..
Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage
// Legal Studies.
2021. № 4.
P. 1-8.
DOI: 10.25136/2409-7136.2021.4.35375 URL: https://en.nbpublish.com/library_read_article.php?id=35375
Abstract:
The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement. Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.
Keywords:
civil society, implementation of the right, criminal justice, jury trial, jurors, collegium formation, civic duty, list of candidates, legal culture, legal education
Reference:
Shikhovtsova A.O..
Some aspects of the evolution of the legal regulation of the right of citizens (population) to participate in the administration of justice in Russia
// Legal Studies.
2021. № 3.
P. 1-8.
DOI: 10.25136/2409-7136.2021.3.35064 URL: https://en.nbpublish.com/library_read_article.php?id=35064
Abstract:
The article considers the evolutionary transformation of securing the right of citizens to participate in the administration of justice. The author has carried out a detailed analysis of the origins of the birth of the right of citizens to participate in the administration of justice and formulated the main results of the development of the legislative consolidation of this right by referring to the analysis of legal acts of various historical stages and a comparative legal study of the experience of regulating this issue. In the course of the research, the author focuses on the evolution of the forms of citizens' participation in the administration of justice, the understanding of the citizen's competence in this area, the relationship with other political rights and freedoms of citizens. The author comes to the conclusion that the legislative consolidation of this right has a direct relationship with the social standards of a certain historical stage. The key aspects of the historical and legal development of the institution of citizens' participation in the activities of the courts can rightly be considered: - recognition of the fact of society's participation in the implementation of justice; - recognition of the institution of citizens' participation in the activities of the courts as a component of society; - registration of the institution of citizens' participation in the activities of the courts from the institution of society to a full-fledged component as part of state power;<- complication of the configuration of the circle of subjects of legal proceedings from the involvement of individuals as assessors directly in the court to the establishment of the right of these subjects to participate directly in the administration of justice. The author's approach to highlighting the forms of evolution of the legal regulation of the right of citizens to participate in the work of the judicial system seems to be original.
Keywords:
justice, rights, freedom, citizen, constitution, evolution, courts, legislation, historical stage, implementation of the right
Reference:
Sabanina N.O., Ermakov D.S., Popov S.A..
To the question on rendering free legal assistance to the population
// Legal Studies.
2021. № 1.
P. 1-9.
DOI: 10.25136/2409-7136.2021.1.34929 URL: https://en.nbpublish.com/library_read_article.php?id=34929
Abstract:
Rendering legal assistance to the population is one of the crucial vectors in the activity of legislative and executive branches, as well as local self-governance in different countries. The subject of this research is the formulation of recommendations aimed at elimination of gaps in the current legislation in the area of rendering free legal assistance to the population of the Russian Federation. The article presents an analytical overview of the peculiarities of rendering free legal assistance to the citizens in Russia and abroad. Emphasis is placed on analysis of the current legislation that regulates the indicated area of legal relations, effectiveness of its application, and further improvement. The novelty of the acquired results consists in the use of comprehensive approach towards examination of theoretical and empirical materials, as well as in proposing ways to improve the mechanism of rendering free legal assistance to the Russian population. As there is currently a complex mechanism for the lawyers to provide reports in order to be paid for their assistance, it is offered to develop requirements on the federal level to receive compensation for their work. It is also essential to establish on the federal level the minimum compensation for each type of legal aid. For increasing information awareness of the citizens on the possibilities of receiving free legal aid, it is necessary to give closer attention to legal education (availability of mass media and Internet resources, creation of thematic sections and banners, publication of information of websites and at the premises of multifunctional centers, etc.). The made proposals and recommendations can be used as the theoretical framework for solution of practical problems associated with rendering free legal assistance to the population.
Keywords:
free legal aid, population, legislation, lawyer, rule-making, law, foreign experience, federal law, payment, legal services
Reference:
Ismatulloev B.I..
Right to freedom of movement and choice of the place of residence in constitutional legislation of the Russian Federation and the Republic of Tajikistan: comparative analysis
// Legal Studies.
2020. № 7.
P. 42-53.
DOI: 10.25136/2409-7136.2020.7.33207 URL: https://en.nbpublish.com/library_read_article.php?id=33207
Abstract:
This article explores the peculiarities of constitutional-legal regulation of the right to freedom of movement and choice of the place of residence, which is the foundation of migration relations in the Russian Federation and the Republic of Tajikistan. Special attention is given to examination of the provisions of constitutional legislation of Russia and Tajikistan regarding regulation of migration, and modern scientific approaches towards understating the possibilities of exercising the right to freedom of movement and choice of the place of residence reflected in the constitutional law of both countries. The main conclusion of the conducted research consists in the statement that the right to freedom of movement and choice of the place of residence is the basic right in the constitutional legal status of modern migrants, which is specified in constitutional legislation of Russia and Tajikistan. Analysis of the legislation of these countries underlines that a common trend became an amendment to the freedom of movement with responsibility of immigrants to migration registration. This requirement of the legislator is aimed at prevention of illegal migration, which is a negative consequence of exercising the right to freedom of movement and choice of the place of residence.
Keywords:
constitution, immigrant, foreign citizen, constitutional law, personal rights, мigration, migration law, migration registration, residence permit, the federal law
Reference:
Glushachenko S.B..
Penal system and public associations: formats of interaction
// Legal Studies.
2020. № 5.
P. 25-34.
DOI: 10.25136/2409-7136.2020.5.33382 URL: https://en.nbpublish.com/library_read_article.php?id=33382
Abstract:
This article examines the formats of interaction between the authorities and establishments of penal system and civil society. An important institutionalized element of civil society is the public associations, created for expression and protection of interests of their members of other citizens. Penal system, in turn, is closed for the general public, which questions the observance of rights and freedoms of a citizen within its framework. In the last decade, one of the vectors of state policy became the creation of conditions for more effective interaction of penal system and civil society, which according to legislator’s opinion will lead to humanization of the existing system. Based on the analysis of current legislation and its application, the conclusion is made on the formats of interaction between public associations and the structures of the Federal Penal Service that can be conditionally divided into organized and unorganized. Organized formats suggest work of the representatives of public association in social institutions, set by legislative acts, such as public council, public monitoring commission, supervisory board under the Federal Penal System. There is no information in the open sources regarding the implementation of unorganized forms of interaction. The author describes the ways for improvement such public activity for increasing its efficiency pertinent to protection of rights and freedoms of a citizen.
Keywords:
public association, penal system, rights of a citizen, human rights organisations, public council, public monitoring commission, board of guardians, civil society, Public chamber, persons in custody
Reference:
Belikova K.M..
Legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human in the BRICS countries
// Legal Studies.
2020. № 4.
P. 11-28.
DOI: 10.25136/2409-7136.2020.4.33249 URL: https://en.nbpublish.com/library_read_article.php?id=33249
Abstract:
Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).
Keywords:
BRICS countries, responsibility of scientists, gene editing, legal responsibility, types of responsibility, moral choice, scientific research, scientific experiment, modern medical technologies, criminal offences
Reference:
Belaia O.V..
Legal Principles of Using Human Corpse as Genetic Material
// Legal Studies.
2019. № 6.
P. 16-25.
DOI: 10.25136/2409-7136.2019.6.30137 URL: https://en.nbpublish.com/library_read_article.php?id=30137
Abstract:
The aim of this research is to discover and analyze legal principles of using human corpse as biological material and source of genomic information. In the course of her research, Belaya has analyzed Russian laws that regulate the process of collecting and using tissues, body organs and corpse of a dead individual and set forth rules for collection, use, storge and destruction of genomic information. The researcher describes wills that express consent or non-consent of using an individual's corpse, tissue and organs after his or her death as well as procedures of obtaining such consent from relatives or legal representatives. The researcher focuses on the problems arising in the process of legal fixation and practical implementation of particular legal principles in the course of using human corpse as genetic material. The methodological base of the research includes a combination of general and special research methods such as analysis, legal modelling and forecasting, dialectical materialistic, structural functional, legal logical, comparative legal and systems approches. The main outcome of the rsearch is analysis of current laws on collection and use of human corpse as genetic material and source of genomic information, collisions and contradictions in associated legislation and recommendations on how to eliminate them. The author also offers her own classification of legal principles of using human corpse as genetic material and source of genomic information. She also defines general and special legal principles of using such objects of civil circulation.
Keywords:
genome, genomic information, biological material, human corpse, principles, personal data, consent, genomic registration, unclaimed human corpse, ethics
Reference:
Kuzmina E.A..
Limits of Appeal to the Prosecutor and Decisions of Preliminary Investigation Agencies as One of the Issues that Arises in the Process of Complaint Investigation at Russian Federation Prosecution Office According to Article 124 of the Russian Federation Code of Criminal Procedure
// Legal Studies.
2019. № 3.
P. 13-19.
DOI: 10.25136/2409-7136.2019.3.29016 URL: https://en.nbpublish.com/library_read_article.php?id=29016
Abstract:
The object of the research is social and criminal process relations that arise during appeal to the prosecutor regarding procedural action or inaction and decisions of preliminary investigation agencies. This is an important issue that arises in the process of accepting the complaint according to Article 124 of the Russian Federation Code of Criminal Procedure. The author of the article covers important points such as the basis, matter and limits of the appeal. The subject of the research is the legal standards that regulate limits of appeal to the prosecutor regarding procedural actions and decisions of preliminary investigationi agencies as well as law-enforcement practice of implementation of aforesaid standards, statistical data, and research opinions on the matter. The methodological basis of the research includes general and special research methods such as analysis, induction, deduction, structured system analysis, comparative, formal law and technical law analysis. The main conclusions of the research is that the author emphasizes the need in integral evaluation of a number of issues that may arise in the process of appeal to the prosecutor regarding action or inaction and decisions of preliminary investigation agencies, in particular, legislative recognition of particular limits of appeal to the prosecutor in a single legal act. This would eliminate uncertainty that is often caused by appeal to the prosecution office and would create additional opportunity for citizens to defend their rights and freedoms.
Keywords:
criminal process, a complaint, prosecutor, actions and decisions, preliminary investigation agencies, inquiry, consequence, procedural decision, limits of appeal to the prosecutor, acceptance for consideration
Reference:
Pozhidaev V.E..
Restriction of the Principle of Inviolability of Onwership Based on the Example of the Housing Renovation Program in Moscow
// Legal Studies.
2018. № 8.
P. 9-16.
DOI: 10.25136/2409-7136.2018.8.27040 URL: https://en.nbpublish.com/library_read_article.php?id=27040
Abstract:
The subject of this article is the social relations that may arise as a result of the restricted principle of invoilability of ownership. The author analyzes the problem of ungrounded restrictions of the property rights based on the example of The Housing Renovation Program in Moscow. He focuses on such principles as the adequacy of restrictions and their correspondence to the public interest as well as the balance between private and public interests. The author of the article also pays attention to the constitutional grounds of inviolability of ownership and proportionality criterion for the legal restriction of property rights. Within the framework of this research, Pozhidaev has used general research methods including analogy, induction, deduction, and comparison. He has also applied the systems approach, formal law analysis and content analysis of the Federal Law on Renovation of July 1, 2017. The novelty of the research is caused by the fact that the Renovation Program and legal regulation of civil, land and city-planning relations have not become the matter of in-depth analysis so far due to the novelty of the issue. The author comes to the conclusion that the regulation set forth by the Law on Renovation partly violates the principles of proportionality and adequacy of property rights restriction and thus needs to be amended in order to restore the balance between private and public interests.
Keywords:
renovation, Inviolability of ownership, property, right of property, public interest, Civil law principles, restrictive means, exemption of property, demolition of emergency housing, civil law
Reference:
Platonova N., Smyshlyaev A.V., Mel'nikov Y.Y..
The Principles of the Legal Regulation of Medical-Sanitary Aid by Competent State (Municipal) Medical Out-Patient Organisations in the Russian Federation
// Legal Studies.
2018. № 7.
P. 1-9.
DOI: 10.25136/2409-7136.2018.7.26804 URL: https://en.nbpublish.com/library_read_article.php?id=26804
Abstract:
The aim of the research is to analyze the principles of the legal regulation of medical-sanitary aid in out-patient organisations. The authors also define the main areas of development and problems of implementation of citizens' rights to health care. The object of this research is the social relations arising in the course of medical-sanitary aid in out-patient clinics. The subject of the research is the legal norms that enforce the principles of medical-sanitary aid in the Russian Federation. In the course of their research the authors have used general research and special law research methods which allowed to carry out an in-depth analysis of the principles of the legal regulation of the medical-sanitary aid in out-patient clinics. The novelty of the research is caused by the fact that the authors offer an interdisciplinary approach to the legal regulation of medical-sanitary aid. In conclusion, the authors emphasize the need to make amendments to the current health care legislation, for example, to include such principles as coordination and continuity in the list of principles of medical-sanitary aid. These principles become especially important under the conditions of medical-sanitary aid in out-patient clinics.
Keywords:
medical-sanitary aid, outpatient setting, health care, patients' rights, access to health care, continuity of care, social state, social security, priority of patients' rights, doctor's liability
Reference:
Grishin P.A..
Self-Defense and Self-Protection of Civil Rights and Legitimate (Legally Protected) Interests: the Distinction of Enforcement Institutions of the Domestic Law
// Legal Studies.
2018. № 6.
P. 30-37.
DOI: 10.25136/2409-7136.2018.6.22297 URL: https://en.nbpublish.com/library_read_article.php?id=22297
Abstract:
The subject of the article is the illegitimate concept of “legitimate (legally protected) interests” that is described in the “defense of rights” point of view, moreover the terms "defense" and “protection” are semantically analyzed and compared. Else in this article the powers included into the legal institution of "self-defense of civil rights" are considered, besides, using the doctrinally developed positions on this legal institution “in its broad sense”, the concept of "protection of civil rights and legitimate (legally protected) interests" is offered. The main research methods used in this article are: analysis, extrapolation, identification, abstraction, method of expert evaluation, systematization, modeling and comparison. The main conclusions are: "legitimate (legally protected) interests" are also subjects of defense on an equal basis with rights, "defense" is a legal institution of a suppressitive and restorative nature, while protection that requires separate legislative support is aimed to preventing of violations and contestations, the legal introduction of the term "self-protection" based on the understanding of the concept of "preventive self-defense" is offered.
Keywords:
defense of rights, protection of rights, legally protected interest, self-defense, self-protection, civil law, prevention, suppression of violation, legitimate interest, protective measures
Reference:
Vayshnarovich G.V..
Comparative Analysis of the Legal Regulation of Elections to the Legislative (Representative) State Bodies of the Russian Federation Constituents and Republics of the Russian Federation in the Second Half of 1994
// Legal Studies.
2018. № 6.
P. 38-61.
DOI: 10.25136/2409-7136.2018.6.25931 URL: https://en.nbpublish.com/library_read_article.php?id=25931
Abstract:
The subject of the research is the legal standards contained in legal acts of the Russian Federation and a number of the Russian Federation constituents) that regulate the process of election for legislative (representative) authorities of the Russian Federation in the second half of 1994. The aim of the article is to define distinguished and general features of the legal regulation of election for legislative (representative) authorities (based on the analysis of the Bashkortostan, Dagestan and Tatarstan) in the second half of 1994, to compare laws of particular constituents of the Russian Federation that regulate associated relations in the aforesaid period and analyze the cause of differences in legal standards of the Russian Federation and the Russian Federation constituents. In the course of writing the article the author has applied dialectical, logical, historical and special law methods (formal law, comparative law). He defines factors that influence the legal regulation of the Russian Federation and Russian Federation republic elections for legislative (representative) state bodies of the Russian Federation constituents in the second half of 1994, differences between the statutory provisions of the Russian Federation republics and decrees of the President of the Russian Federation regulating elections for the Russian Federation authorities as well as limitations of the electoral rights that are not set forth at the federal level, grounds for such limitations, positions of the constitutional control authorities, etc.
Keywords:
electoral legislation, regional legislation, legislative body, elections, subject of the Russian Federation, deputy, nomination of a candidate, electoral system, regional electoral association, group of voters
Reference:
Gerusova S..
Exercising the Private Right to Appeal to the Arbitration Court to Be Declared Bankrupt
// Legal Studies.
2018. № 2.
P. 8-16.
DOI: 10.25136/2409-7136.2018.2.25286 URL: https://en.nbpublish.com/library_read_article.php?id=25286
Abstract:
The article is devoted to a new institution in the Russian law - private bankruptcy, i.e. bankruptcy of an individual who is not an entrepreneur. In her research Gerusova describes situations when the arbitration court has the right to initiate judicial proceedings to declare an individial as bankrupt as well as situations when an individual ought to appeal to the arbitration court himself or herself to be declared bankrupt. The author of the article carries out a brief analysis of the status of financial manager and particularities of his or her appointment. The author also describes court fees incurred by an individual in such a case. In the course of writing the article the author has used the systems approach, comprative law and legalistic method and modelling. The scientific novelty of the research is caused by the fact that the federal law that sets forth provisions about private bankruptcy that came into force on October 1, 2015. As we can see, private bankruptcy is a new institution, thus arbitration courts face new tasks now. This institution is understudied in Russian law studies, thus there is a need to study and improve it. As a result of the research, the author of the article describes the main reasons why the arbitration court may deny a private bankruptcy application. These include: application does not answer the requirements of procedural law, financial manager cannot be appointed, no money or assets to pay expenses for bankruptcy procedures. As a solution of aforesaid problems, the author of the article offers to develop a simplified private bankruptcy procedure that does not require a financial manager, and to involve prosecutors if necessary as well as to make courts responsible for discovery of evidence.
Keywords:
court fees, simplified bankruptcy procedure, insolvency officer, financial manager, insolvency, bankruptcy signs, private asset sales, private debt rescheduling, rehabilitation procedures, private bankruptcy
Reference:
Ivanova Z.B., Korobko K.I..
Legal regulation of anonymous access to medical services
// Legal Studies.
2017. № 11.
P. 28-34.
DOI: 10.25136/2409-7136.2017.11.24590 URL: https://en.nbpublish.com/library_read_article.php?id=24590
Abstract:
The article studies the problem of anonymous access to medical services. The authors give special attention to the analysis of the current legislation and the materials of judicial practice in order to detect the types of medical services which can be delivered on the anonymous basis. The authors study the concept of a pseudonym. The research methodology is based on general scientific and specific research methods, such as the formal-legal, analytical, the methods of system analysis and synthesis. The authors enumerate the types of medical services which can be delivered on the anonymous basis, and analyze the conditions of their delivery. The authors prove that pseudonyms can be legally used for medical services delivery. At the same time, the authors note that if a citizen uses a pseudonym or a fictive name to get medical care, it can potentially cause difficulties with protecting his or her rights in the case of any claims.
Keywords:
fictive name, pseudonym, means of individualization, civil law, medical services, anonymity, legal relations, judicial practice, health protection, confidentiality
Reference:
Khachatryan M.S..
Limits of legal regulation of societal control (public integrity)
// Legal Studies.
2017. № 9.
P. 24-30.
DOI: 10.25136/2409-7136.2017.9.20441 URL: https://en.nbpublish.com/library_read_article.php?id=20441
Abstract:
The research subject is the limits of legal regulation of societal control as one of the instruments of civil society. The author analyzes various opinions about this issue, considers positive and negative results of legal regulation of public integrity. Special attention is given to the need to formalize such a balance of interaction between society and state, which wouldn’t infringe the interests of the parties, and in which they would effectively function and develop. The author uses dialectical, dogmatic (formal logical), system, comparative, deductive, inductive methods and the formal-legal method. The scientific novelty of the study consists in the consideration of the issue about the limits of legal regulation of societal control from the perspective of correlation between the limits of activity of state and civil society. The author concludes that legal regulation of public integrity can have positive results in those countries, where civil society institutions have no lasting traditions. But such regulation should have definite limits. The author concludes that the legislator should regulate only the key moments, which underlie interaction between state and civil society, i.e. a purpose, tasks and principles of activity of subjects of societal control; rights and duties of subjects of societal control and subordinate subjects; guarantees of realization of societal control and normal functioning of public authorities, which are being supervised; responsibility of both subjects of societal control and public authorities for the violation of principles and guarantees of public integrity.
Keywords:
subject of societal control, public authority, legal status, effectiveness, statutory act, legal regulation, state control, civil society , public integrity, rule-of-law state
Reference:
Antsiferov N.V..
Constitutional entrenchment of individual duties in post-Soviet states: comparative legal analysis
// Legal Studies.
2017. № 8.
P. 1-13.
DOI: 10.25136/2409-7136.2017.8.23450 URL: https://en.nbpublish.com/library_read_article.php?id=23450
Abstract:
The article is dedicated to the aspects of constitutional entrenchment of the duties of individuals as an important element of the constitutional status of a personality and a citizen in the post-Soviet states. The article studies the aspects of legal entrenchment of such duties in the structure of constitutions, the catalogue of duties is being analyzed together with constitutional approaches to the determination of the circle of their subjects. The article reveals and considers the widely spread duties of individuals in terms of constitutional entrenchment of the duties of individuals, as well as rarer duties, typical for a limited range of constitutions. Attention is paid to general legal duty related to compliance to the constitution and laws; duties not to breach (respect) rights and freedoms of other personalities; duties aimed at consolidation (by the state) of resources (as related to payment of taxes and fees, other mandatory payments, protection of the home country and military duty); duties aimed at protection of the public interest (environmental protection, protection of historical and cultural heritage, obtainment of education, inadmissibility of the use of rights and freedoms contradicting public interests protected by the law; respect to national traditions, respect towards the state symbols, dedication to the Motherland); social duties (duties of parents and duties of children); duties of owners. The article considers the specific features of actual constitutional duties, their similarities and differences. Based on the analysis conducted, the author concludes about the presence of common approaches of the constitutional lawmakers to the entrenchment of constitutional duties of individuals. However, the respective entrenchment (regulation) is not identical both from the point of view of its contents and scope. Such differences provide for a significant potential of their implementation within the frames of actual legal relations with the participation of the individual and the citizen.
Keywords:
constitutional law, state, human rights, post-Soviet political space, citizen, person, individual, legal duty, constitutional duty, constitution
Reference:
Kabanov P.A..
Victimologic anti-corruption education: concept, content, forms and means of realization
// Legal Studies.
2017. № 6.
P. 38-64.
DOI: 10.25136/2409-7136.2017.6.23077 URL: https://en.nbpublish.com/library_read_article.php?id=23077
Abstract:
The research subject is victimologic anti-corruption education as a criminological interdisciplinary instrument of corruption prevention. The purpose of the research is to reveal the content of victimologic anti-corruption education, forms and means of its realization, and to formulate its draft definition as a scientific category of the modern Russian corruption victimology. The main research tasks are: - To find and to describe the main legal sources formalizing the need for anti-corruption education of the victims of corruption in the modern Russian society; - To analyze the current and the stale Russian statutory documents on the issues of anti-corruption education of the victims of corruption; - To reveal the content and the specificity of anti-corruption education of the victims of corruption. The research methodology is determined by the specificity of the research subject and includes the set of general scientific methods of cognition (analysis, synthesis, grouping, comparison, etc.). The scientific novelty of the study consists in the fact that the author is the first Russian legal scholar to elaborate the new concept of “victimologic anti-corruption education”, reveal its content, describe the new forms and means of its realization. The author studies victimologic anti-corruption informing and victimologic anti-corruption consulting.
Keywords:
Corruption, Victim, anti-corruption propaganda, anti-corruption education, anti-corruption consulting, victimologic consulting, anti-corruption informing, corruption victimology , anti-corruption policy, Victimology
Reference:
Belyaeva G.S., Antonova Z.D..
On the issue of the structure of the mechanism of political rights and freedoms protection
// Legal Studies.
2017. № 6.
P. 26-37.
DOI: 10.25136/2409-7136.2017.6.19070 URL: https://en.nbpublish.com/library_read_article.php?id=19070
Abstract:
The authors systematize the existent approaches and analyze the structure of the mechanism of political rights and freedoms protection. The paper contains the description of the current juridical approaches to the definition of the structure of the mechanism of political rights and freedoms protection, which help formulate and offer a unified authors’ definition of the composition of this category. The authors detect and characterize the specific structural elements of this legal mechanism: the normative framework; the specific purpose, tasks and directions; the subject matter; the principles, guarantees, etc. The authors use various general scientific methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This article is a complex interdisciplinary study aimed at the elaboration of a general theory of legal mechanisms and the improvement of their effectiveness; it is a general theoretical conceptual study. The authors perform comparative analysis of scientific approaches to the understanding of the structure of the mechanism of political rights and freedoms protection and develop and offer its unified composition, define and characterize its specific components, which help interpret the mechanism of political rights and freedoms protection.
Keywords:
mechanism, legal mechanism, law, political rights, normative framework, purpose, tasks, subjects, principles, guarantees
Reference:
Neganova E.N..
The role of the correct definition of the object of prosecutor’s supervision over the observance of housing rights of orphaned children in guaranteeing effective supervision
// Legal Studies.
2017. № 5.
P. 1-11.
DOI: 10.7256/2409-7136.2017.5.22627 URL: https://en.nbpublish.com/library_read_article.php?id=22627
Abstract:
The legislative novels introduce the concept of the object of prosecutor’s supervision in such spheres as supervision over law enforcement and observance of human and civil rights and freedoms. The legislative regulation of the object of prosecutor’s supervision determines the research task - to define the essence and the role of the correct formulation of the object of inspection. The correctly defined subject of prosecutor’s investigation and prosecutor’s supervision over the rights of orphaned children determines, firstly, the effectiveness of supervisory activities of the prosecutor, and secondly, the scientific substantiation and validity of the performed supervision in a certain sphere. The correct definition of the object of prosecutor’s investigation and supervision by public prosecution officers determines the achievement of the goal of effective inspection and supervision. The research methodology is based on general scientific methods of dialectical materialism, generalization and analysis, and special scientific method of comparative jurisprudence. The legislatively introduced principle of effective organization of “general” supervision, applied also to the sphere of observance of housing rights of orphaned children, should be taken into account on all stages of supervision, including supervision in the mentioned sphere, and during scientific studies. “General” supervision effectiveness criteria and indexes can be supplemented with such a component as a correctly defined and formulated object of prosecutor’s inspection and supervision.
Keywords:
legislative novels, prosecutor's supervision, prosecutor's investigation, formulation of the object of supervision, observance of housing rights, orphaned children, problem statement, scientific research, effective organization of supervision , theoretical foundations
Reference:
Gorian E..
Ensuring the rights of migrant women employed in the household in the Russian Federation
// Legal Studies.
2016. № 12.
P. 74-87.
DOI: 10.7256/2409-7136.2016.12.1995 URL: https://en.nbpublish.com/library_read_article.php?id=19953
Abstract:
The object of the study is the relations that arise when ensuring the rights of migrant workers-women employed in the household. The categories of migrant workers are analyzed and vulnerabilities in the legal regulation of relations with their participation are identified. Special attention is paid to international legal standards for ensuring the rights of migrant workers, foreign experience is analyzed. The characteristics of domestic work that determine the complexity of ensuring the rights of migrant women are highlighted. The institutional mechanisms of ensuring the rights of migrant women are investigated, the shortcomings of the regulatory regulation of labor relations are determined. The complexity of the problem determines the methodology of the study: These are historical-legal, hermeneutical and culturological methods, etc. Mechanisms for ensuring the rights of migrant women employed in the household in the Russian Federation are still far from perfect. The solution to these problems is seen in the simplification of migration legislation, the development of a model employment contract, the activation of public associations, the establishment of cooperation between authorities with national communities and religious organizations.
Keywords:
international migration, feminization of international migration, human rights, household, migrant women, gender, legal mechanism, employment contract, trade union, legal culture
Reference:
Gorian E..
Russia’s HIV/AIDS prevention concept: adherence to international standards or a “special historical path”?
// Legal Studies.
2016. № 10.
P. 22-49.
DOI: 10.7256/2409-7136.2016.10.2022 URL: https://en.nbpublish.com/library_read_article.php?id=20224
Abstract:
The research object is social relations in the sphere of HIV/AIDS prevention in the Russian Federation. The authors analyze international standards, which should form the basic concept of this infection understanding. The authors study Russian legislation ensuring the guarantees of rights of persons living with HIV. Attention is paid to the judicial practice of the European Court of Human Rights, reflecting the advanced ideas of ensuring rights of persons living with HIV. In order to obtain the most faithful scientific results, the authors apply general scientific methods (system-structural, formal-logical and hermeneutical) and special methods of jurisprudence (comparative-legal and formal-legal). These methods are used as a complex. Russian HIV/AIDS prevention concept is conservative and consists in the declaration of the priority of traditional forms of social relations. Federal legislation is gradually moving towards liberalization of the status of persons living with HIV and extension of their rights. But discrimination against persons living in homosexual unions, consisting in the rejection of their right to family life in the sense of resolutions of ECtHR and mobility rights, is still taking place. The legislator’s disregard to the recent scientific researches, both Russian and foreign, which had proved the possibility of leading an active social and professional life by persons living with HIV, restricts their right to adoption (guardianship, etc.). In the result of the absence of the state educational program of sexual and reproductive health, schoolchildren and youth are not sufficiently informed about HIV and the ways of its prevention; this situation leads to stigmatization and spreading HIV among this population category.
Keywords:
HIV/AIDS, human rights, discrimination, concept, international standards, migration, family life, sexual education, religion, tradition
Reference:
Mel'nikov V.Y..
The right to the constitutional legal state ideology
// Legal Studies.
2016. № 3.
P. 1-6.
DOI: 10.7256/2409-7136.2016.3.18303 URL: https://en.nbpublish.com/library_read_article.php?id=18303
Abstract:
The research subject is the constitutional law application in the situations of forming the state legal ideology. The paper considers the topical and important problems arising in the situations of establishing the state legal ideology in the form of the constitutional legal ideology guarding human and civil rights and freedoms. The research object covers the legally regulated social relations in the sphere of constitutional law. Special attention is paid to the absence in the legal science of a single approach to the problem of existence of the state ideology in the Russian Federation. The methodology is based on the dialectical method of cognition of social and legal phenomena and concepts in their development and interrelation. The author also applies general and specific scientific methods: historical-legal, system, comparative-legal, statistical, concrete-sociological, formal-logical, and others. In the author’s opinion, it is possible to admit the existence of a compulsory constitutional state ideology in the Russian Federation, functioning within the legal framework, not violating the rights, freedoms, and legal interests of other persons, and aimed at the satisfaction of needs of the multinational society of the Russian Federation. It can serve not only as a basis of the national idea, but also as the instrument of social groups and individuals unification for the sake of achieving the national goals.
Keywords:
constitutional legal ideology, human rights ensuring, Constitution, national idea, state ideology, Constitutions of foreign states, constitutional provisions, ideological diversity, foundations of the constitutional system, constitutional and legal regulation
Reference:
Zolotareva A.B..
How Russian regions solve the problem of nursing homes waiting lists
// Legal Studies.
2016. № 2.
P. 27-38.
DOI: 10.7256/2409-7136.2016.2.17654 URL: https://en.nbpublish.com/library_read_article.php?id=17654
Abstract:
The article considers the problem of shortage of nursing home beds. In the context of regional budgets reduction, this problem can’t be solved by increasing the number of these institutions. The author studies the alternative ways of solution of this problem, applied in the regions of the Russian Federation, including the nursing homes’ services purchase and the creation of foster homes for senior citizens and disabled people. The author applies the traditional methods of sociological and legal studies, such as the method of comparative legal analysis and system analysis. The author concludes that the alternative ways to solve the problem of shortage of nursing home beds, though saving budget funds, not always meet consumers’ interests. For example, the practice of creating foster homes for senior citizens and disabled people is risk bearing, since the formation of affection between adults (in contrast to the cases of adoption of children) is unlikely. If the main motive of adoption of a person is a profit, there is a high risk of conflicts and misuses. The article contains the suggestions about the improvement of the federal and regional legislation aimed at easing the shortcomings of use of institutions replacing nursing homes.
Keywords:
homes for the elderly, nursing home, social hospitals, foster family, Law № 442-FZ, Law 442-FZ, stationary social services, social services, homes for people with disabilities, inpatient technologies
Reference:
Fedotova Y.G..
The limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security
// Legal Studies.
2015. № 12.
P. 1-18.
DOI: 10.7256/2409-7136.2015.12.1703 URL: https://en.nbpublish.com/library_read_article.php?id=17039
Abstract:
The article is devoted to the legal limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security. The author describes the nature of the modern military threats, demonstrates the need for citizens’ participation in ensuring the state’s defense and security in order to combine the efforts of the state, the society and the person, aimed at protecting the Russian Federation, and defines the meaning of the limitation of rights and freedoms in the interests of protecting the constitutional order and ensuring the state’s defense and security as the element of the legal status of citizens and organizations. The author analyzes the concept and the content of the limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security. The author proposes the scientific approach to defining the limitation of rights and freedoms of citizens and organizations in the interests of protecting the constitutional order and ensuring the state’s defense and security as a basic element of the legal status of the person, reflecting the limitations, the conditions and the procedure of implementing rights and freedoms; on the basis of this analysis the author describes principles, requirements, forms, ways, conditions (grounds) and subject composition of the limitation of rights and freedoms of citizens and organizations. The author reveals the legal means of the limitation of rights and freedoms of citizens and organizations which are demonstrated in the form of a system according to the level of increase of their impact on the subject of limitation.
Keywords:
limitation, human rights, security, defense, constitutional order, threat, sovereignty, personality, facilities, ways
Reference:
Chornovol E.P..
Periodization of evolution of the rehabilitation of the victims of political repressions as a legal institution, a process and a theory
// Legal Studies.
2015. № 11.
P. 1-94.
DOI: 10.7256/2409-7136.2015.11.1670 URL: https://en.nbpublish.com/library_read_article.php?id=16704
Abstract:
The subject of the research is the range of problems of definition of periods of the formation and development of a political institution, a process and a doctrine of the rehabilitation of the victims of political repressions. Special attention is paid to such aspects of the topic as the initiation, the ways and the goals of the rehabilitation of the victims of political repressions in Russia in the Soviet, the post-Soviet and the contemporary periods of history; the revelation of its character; the legitimation of the forms of rehabilitation by the law, and the reflection of the essence of the rehabilitation of the victims of political repressions in the legal doctrine. The author studies the social and legal phenomena of a legal institution, a process and a theory of the rehabilitation of the victims of political repressions from the positions of dialectical materialism. The author takes into account the political factors and the practical actions of the state in the period from March 1935 till the present time, and depicts the process of the rehabilitation of the victims of political repressions as a model of a sinusoid which reflects its dialectics in line with the decisions of the Communist Party of the Soviet Union and the adopted legal acts of the Soviet period or the legal acts of Russia of the post-Soviet period in compliance with the change of the mentality of the country’s political regime and the international situation. The author outlines eight stages of the historiography of development of the legal institution of the rehabilitation of the victims of political repressions, taking into account the legitimation of its norms in the particular legal acts whose regulations define and extend the categories of the rehabilitated subjects and establish the extended guarantees of their rights protection. The author studies the essence of the concepts of rehabilitation proposed by the scholars with consideration for the dependence of the Russian historiography on the socio-political situation in the country and the needs of information support of these processes whose essence and orientation had been defined by the Soviet party and government and the bases of deideologizing in the post-Soviet period, and outlines three periods of theoretical understanding of the rehabilitation of the victims of political repressions.
Keywords:
Historiography, chronology, steps periods, victims of political repression, base periodization, legal institution, the rehabilitation process, the nature of rehabilitation, legal theory of rehabilitation, forms of rehabilitation
Reference:
Borisova A.S..
The right to religious feelings: juridical aspects of the protection of believers
// Legal Studies.
2015. № 8.
P. 1-19.
DOI: 10.7256/2409-7136.2015.8.15430 URL: https://en.nbpublish.com/library_read_article.php?id=15430
Abstract:
The subject of the research is a comparative analysis of the approaches of the European Court of Human Rights, the Parliament Assembly of the Council of Europe and the Venice Commission to the notion “religious feelings” and the level of a necessary government protection. Special attention is paid to the notion of “religious feelings” and the possibility of legal definition of this notion; the author assesses the compliance of the article 148 of the Criminal Code of the Russian Federation about an insult to the religious feelings of the believers with the European standards from the aspect of legal certainty. The author uses the comparative-legal and the formal-logical methods, the methods of analysis and synthesis. The author concludes about the impossibility of normative legalization of the notion “religious feelings”. The author substantiates the need for a clear distinction between fomentation of hatred and enmity on religious grounds and the insult of feelings of believers including blasphemy and sacrilege and the reasonability of decriminalization of the “insult of religious feelings of believers”.
Keywords:
religion, freedom of conscience, freedom of speech, blasphemy, insult of believers' feelings, the European Court of Human Rights, the Venice Commission, criminal responsibility, legal certainty, decriminalization
Reference:
Dolgikh I.P., Chernyaev G.M..
On legal elements of the nationality issue.
// Legal Studies.
2014. № 1.
P. 45-53.
DOI: 10.7256/2305-9699.2014.1.10788 URL: https://en.nbpublish.com/library_read_article.php?id=10788
Abstract:
The article is devoted to one of the topical problems of modern Russia - the practice of identifying and reflecting in normative legal acts and other documents, proving the legally relevant facts the nationality of a citizen of the Russian Federation. In spite of the fact that when the Constitution of the Russian Federation of 1993 was adopted, it seemed that the issue of the complex of rights related to the national identity of a person was resolved, the topicality of current scientific discussions on identity of a person due to him belonging to a certain ethnos makes us analyze the relevant norm of the Basic Law more and more scrupulously. The Russian legal doctrine lacks a uniform methodological approach to the interpretation of constitutional provisions on the right of citizen to identify and to reflect his national identity. Having analyzed the various approaches to the issue, the author evaluates the problem through the prism of legal practice. The novelty of the article is due to the way the problem is set and to the method of its resolution. The author pays attention to the issues which were not duly studied previously. The type of the article is a problem-oriented theoretical article. The methods are traditional. In the process of studies the author makes a conclusion that the constitutional provisions on the right of a citizen of Russia to identify and reflect his national entity is currently implemented incompletely, since some provisions of by-laws are not in correspondence with the Constitution. The author proposes specific solutions to the problems, which are aimed at improvement of the legislative basis regulating the issues of public national policy.
Keywords:
natonal identity, passport of the citizen of the Russian Federation, the Constitution of the Russian Federation, identifying nationality, self-identification, 5th clause, guarantees of rights, birth certificate, ethnical unity, population census
Reference:
Vakhrameev R.G..
Legal regulation mechanism for the constitutional right to information
// Legal Studies.
2013. № 12.
P. 23-34.
DOI: 10.7256/2305-9699.2013.12.9854 URL: https://en.nbpublish.com/library_read_article.php?id=9854
Abstract:
The article is devoted to the implementation of the constitutional right to information, it discusses the mechanism of legal regulation of this right through the prism of access to information on the activities of state government and municipal bodies. The article contains references to the most topical problems in the regulation of the right in question, as well as the latest legislative and practical tendencies, having to do with the further legal regulation of relations among the peole with regard to information. The article provides analysis of legal regulation mechanism, and specific elements are singled out. The author also compares the forms of implementation of the right to information and mechanism of its legal regulation. As the means to solve the practical problems the author offers to amend the Russian legislation, including the legislation having to do with the responsibility of the officials. The author then makes a conclusion on the dependency between the amount of information and the status of subject requesting such information, as well as the regime of the requested information.
Keywords:
right to information, constitutional legislation, legal regulation mechanism, human rights, guaranteed rights, contents of a right, protection of a right, responsibility, inalienable human rights, structure
Reference:
Gulyaikhin V.N..
Inclusion of the Russian youth into social and legal life: role of legal socialization
// Legal Studies.
2013. № 11.
P. 88-104.
DOI: 10.7256/2305-9699.2013.11.9698 URL: https://en.nbpublish.com/library_read_article.php?id=9698
Abstract:
The article is devoted to the problems of legal socialization of the Russian youth. The authors single out a number of social contradictions, which influence psychosocial evolution of young people as subjects of law. Legal socialization is characterized by them as a complicated dialectic process through which hte citizens gain socially valuable personal qualities, necessary for performance of legal roles. The article contains a conclusion that the existing social contraditions preclude the formation of efficient mechanisms for the manageable socialization of the young Russian citizens, who have to adapt to social and legal system, having a number of significant flaws and fundamental contradictions. Their presence complicated management of the legal socialization process, and it lead to considerable deformation of legal conscience among a majority of the Russian young people. While the youth is a complicated social formation, and it constantly reproduces and changes the legal system in a society, the state government institutions pay too little attention to the youth. The manageable legal socialization could have facilitated three specific socially important functions of the youth: reproduction, translation, and heuristic function. The existing social antagonisms preclude formation of the efficient mechanisms for manageable socialization and provision of the clear socially useful guidelines for legal activities to the young people.
Keywords:
upbringing, education, youth, Russian society, legal culture, legal conscience, socialization, social contradictions, social group, legal life
Reference:
Shcherbanyuk O.V..
Sovereignty of people as a guarantee of human rights and freedoms of the person and of the citizen
// Legal Studies.
2013. № 10.
P. 131-148.
DOI: 10.7256/2305-9699.2013.10.9610 URL: https://en.nbpublish.com/library_read_article.php?id=9610
Abstract:
The author of this article analyzes sovereignty of the people through the prism of human rights and freedoms of the person and of the citizen. Since the modern democracy is based upon the idea of sovreignty of the people, the author proves that the theory of sovereignty of the people may be positively regarded as a constitutional legal doctrine of supremacy of rights of the people, priority of human rights and freedoms of the person and of the citizen, supremacy of the people as the source for the public power, having various state and legal forms. Based upon the scientific analysis, it is established that only a sovereign democratic state may guarantee political right of the person and of the citizen, and based upon the study, the author establishes the ways to solve the problems in the sphere of constitutional legal guarantees of rights and freedoms of a person, formation of an efficient constitutional process. The author also uncovers the causes of contradictions and conflicts in the legislative system, forming obstacles for implementation of lawful rights and freedoms.
Keywords:
sovereignty of the people, state sovereignty, rights and freedoms, political guarantees, legal guarantees, implementation mechanism, limitation of rights, protective mechanism, constitutional protection of rights, constitutional legal regulation
Reference:
Volokh V.A..
Legal grounds for temporary asylum for Edward Snowden
// Legal Studies.
2013. № 9.
P. 27-53.
DOI: 10.7256/2305-9699.2013.9.9431 URL: https://en.nbpublish.com/library_read_article.php?id=9431
Abstract:
In the article on legal grounds for provisional asylum for Edward Snowden the author analyzes Russian and foreign practices on temporary asylum for the persons being persecuted for their political views. It is noted that the term "asylum" has a wide meaning. The Russian Federation provides asylum for foreign citizens and apatrides, claiming asylum on its territory by 1) political asylum, 2) recognizing as a refugee, 3) temporary asylum. Having analyzed the Provisions on the Order of Provision of Political Asylum in the Russian Federation, as established by the Decree of the President of the Russian Federation, the author considers that Edward Snowden did not meet the criteria for a political asylum. Unlike persons requiring political asylum under the norms of the UN Refugee Convention of 1951 and its Protocol of 1967 regarding the status of refugees, a person who has well-grounded fears of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it may require a status of a refugee or other type of international protection (including temporary asylum). V.A. Volokh provides detailed analysis of the procedure of viewing claims for provision of a refugee status in the Russian and foreign practice, as well as matters of temporary asylum. In the opinion of the author by providing E. Snowden temporary asyulm the Russian Federation strictly complied with its international obligations regarding protection of persons claiming asylum due to persecution on the grounds of their political views.
Keywords:
Edward Snowden, migration, refugees, political asylum, temporary asylum, United Nations Office of the High Commissioner for, Convention, Decree, Federal Law, procedure
Reference:
Timshina E.L..
Non-governmental organizations of women in the modern Russia: new research methods.
// Legal Studies.
2013. № 4.
P. 89-109.
DOI: 10.7256/2305-9699.2013.4.675 URL: https://en.nbpublish.com/library_read_article.php?id=675
Abstract:
The extent of participation of women in a political process is one of the most important markers of development of democratic institutions in Russia. The female movement reflects a wide range of problems, which concern both the position of women in various spheres, their role and place in the society and general patterns of social process, perspectives of political process development in Russia. The article contains the results of studied of female movement in the modern Russia, which were performed with the use modern informational technologies. The authors shows the possibilities for a researcher capable of using novel methods for the analysis of the mass data of a complicated social and political matter, such as female movement in Russia. At the same time, the use formal quantity methods and computer technologies for the representative data on mass events requires that the problems of comparability be faced and solved. The mass data should be compared and such data should be combined within a database for the further mathematical and statistical processing.
Keywords:
gender studies, female movement, social associations, interdisciplinary methods, databases