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Siberian Law Review

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Vol 15, No 1 (2018)

THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES

6-11 270
Abstract
The collapse of the Soviet Union was preceded by the intensification of the political opposition that put forward various concepts of state reform. Within the opposition, the oldest organization of right political emigration, standing on anti-communist positions, the People's Labor Union of Russian Solidarists (NTS), self-identifying itself as a Russian national organization. In 1997 the organization adopted the program document “The Way to the Future of Russia”. Among the organizations operating on the basis of the program in the USSR, the most active were the Siberian Human Rights Association “Vienna-89” and “The Democratic Union”. These organizations have extended their work to Siberia. Analysis of lawmaking and practical activities of organizations close to the NTS provides an opportunity to track the technology of the collapse of the state. Hence the practical interest of the work is to reveal the stages of the activity leading to disintegration and prevent a repetition of the geopolitical catastrophe.
12-16 355
Abstract
On the basis of analysis of normative-legal acts, with the involvement of Russian scientists of XIX - beginning of XX centuries and results of modern studies of the development of local self-government in the Russian Empire of the XVII - first quarter of XVIII century the article is focused on issues of regulatory-legal regulation, the ratio of state and local interests in the activities of local administration bodies, relations of the crown (appointed by the Central government, the Czar) and elected bodies of local governance. The Author reveals the motivation of the central government (the Czar) to the formation of a new local government system, its features, functions. The legal bases and the principles of election of officers of local authorities are also discussed. It is concluded that the attempt to introduce in Russia the local municipal city self-government on foreign models was unsuccessful. The Author expresses an opinion on the limited nature of elected bodies of local governance, the primacy of the interests of the central government in their activities.
17-22 278
Abstract
The present article introduces for the first time the previously unused source “The Plan of Measures for the Prevention and Overcoming of the Influence of Religious Extremism in Religious Societies and Groups Among Believers in the Period of 1985-1990”, which confirms the existence in the state-legal policy of the USSR of separate areas of the counteraction extremism. The relevance of the study of this document is emphasized by the fact that extremist activities of a religious nature are being registered even today. However, the present work, of course, takes into account the circumstance that the extremism of the past period is different from the normatively fixed now extremist activity. Based on the results of the analysis of the document, the Author made an attempt to identify positive and negative characteristics, as well as to formulate recommendations for the improvement of modern state legal policy in the field of countering extremism.

CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW

23-28 325
Abstract
This article analyzes the concept and features of the constitutional regime in the Russian Federation, in particular, its content is disclosed. Analyzing the concepts of “legal regime” and “constitutional legal regime”, the Author proposes his own definition of the constitutional regime. In the article, special attention is given to the characterizing of signs and grounds for classifying the constitutional regime. Thus, he refers to the number of types of constitutional regime material and procedural, regulative and protective, permanent and temporary; the constitutional regime of foreign citizens, stateless persons, citizens, political parties, other associations of citizens, the constitutional regime for the functioning of federal, regional and municipal authorities, as well as the constitutional regime of the status of subjects of the federation, direct and indirect, to the ordinary constitutional regime, emergency and martial law.
29-34 400
Abstract
In the article the authors cover the problem of the constitutional and value content of the provisions of the Constitution of the Russian Federation, in particular, concerning the definition of the content of the constitutional-legal status of such an important institution as the family in the Russian Federation. The main task of the authors was to determine the content of the concept of constitutional axiology, to identify its structure in the form of a system of values of the modern rule of law, the central place of which is assigned to the family. The analysis is related to the arguments about the value approach both to constitutional law and to the institution of the family, revealing the features of existing legal controversies regarding the theory of the development of constitutional law through the prism of value categories that differ depending on the content and structural expression through the relevant elements. The main difficulty was precisely to extract from the text a strictly regulated normative legal act, such as the Constitution of the Russian Federation, a real system of constitutional values and the alignment of the corresponding hierarchy with respect to each other. Authors’ theories regarding the consideration as constitutional values, such as human and citizens’ rights and freedoms, parliamentarism, economic freedom, life, human health, etc. were considered, but the most important, in the opinion of the authors, is the value of the family, human rights and the citizen for its creation, the birth of children and other related benefits. Particular attention in the research paper was paid to the consideration of constitutional axiology as an independent scientific direction, an analysis of the conceptual apparatus was made, an attempt was made to determine the place in a system of related disciplines, for example, philosophy.

LABOR LAW, SOCIAL SECURITY LAW

40-44 344
Abstract
The article analyzes the change in the social insurance system for self-employed Brazilian citizens, thanks to two programs introduced in the 2000s, which showed a high result in terms of legalization and inclusion in the social security system of such employees. The self-employed Brazilians are, to a large extent, excluded from the national social insurance system. The programs provide an opportunity for micro-entrepreneurs and the selfemployed to simplify administrative procedures and adapt the level of social insurance contributions to their incomes. The data presented by the Author illustrates the effectiveness of programs that can also be implemented in other countries that are part of the BRICS organization.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

45-48 454
Abstract
The article draws attention to the practice of application of norms about the criminal responsibility for environmental crimes, which include non-performing regulations, in particular articles 248, 259 of the Criminal Code of the Russian Federation. According to the Author, the establishment of criminal responsibility for crimes provided in articles 248, 259 of the Criminal Code of the Russian Federation, not caused by necessity in the absence of violations or their singleness. These regulatory provisions do not implement the objectives of part 1 of article 2 of the Criminal Code of the Russian Federation. These rules are “dead” and should be decriminalized. The responsibility for such illegal actions may be provided in an administrative or civil legislation, or offset by competing norms. In this situation, the change in the content of article 248, 259 of the Criminal Code of the Russian Federation will not affect their effectiveness.
49-52 268
Abstract
The article examines the criminological features of persons convicted of a crime under Art. 238 of the Criminal Code of the Russian Federation. The socio-demographic, criminal-legal and biophysiological characteristics of the criminals of the study group are described. It is concluded that persons who produce and sell alcohol products that do not meet safety standards are equally represented by both men and women with basic and general secondary education, 45-50 years old, unemployed, as well as persons on social security of the state. The prevalence of mercenary motive and the presence of a special relapse are stated.
53-57 378
Abstract
The article discusses issues concerning the problems of drug addiction, which is distributed mainly among the youth. The Author analyzes the normative legal basis and main directions of activity of subjects on the prevention and suppression of illicit traffic in narcotic drugs. Are also analyzed official statistics of drug abusers and drug addicts and the results of the study on the relevance of the drug problem and the reasons for its spread among minors. Along with the intensification of the activities of all entities engaged in prevention and fight against crime, to strengthen the role of social policies aimed at promoting healthy lifestyles and engaging parents to confrontation anesthesia children. The author proposes that the effective prevention of drug addiction among minors will not only reduce the overall level.
58-63 395
Abstract
The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable.
64-69 463
Abstract
This article describes the characteristics of public danger of ecological crime. Specific features that distinguish it from other types of criminality are analyzed. Identified and justified are such features of environmental crime as an increased level of public danger, a wider range of victims, the continuing and deferred nature of the negative consequences, their transboundary nature, the irreversibility of the consequences, causing significant harm to the economic interests of the state, expressed in the withdrawal from the legal turnover of huge amounts of valuable natural resources. On the basis of the conducted research the author suggests wide use of the integrated criminological approach to studying the public danger of environmental crime taking into account its quantitative and qualitative characteristics.

JUDICIAL ACTIVITY, PROSECUTORIAL ACTIVITIES, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES

70-74 272
Abstract
In this article, the concept of legal clinics created on the pillars of higher education institutions in various organizational and legal forms is examined to implement a training program for lawyers with practical skills. These clinics are created as independent legal entities or structural subdivisions at higher educational institutions and perform two functions - educational and enlightening. The essence of legal clinics is revealed in its functions, one of the tasks of which, as participants in the free state legal aid system, is the improvement of the quality of professional legal education and at the same time the provision of a free legal aid to the poor. The paper takes a brief analysis of the regulatory framework that regulates the issues of legal clinics, the study of organizational, legal and financial issues. In conclusion, some suggestions for their improvement are indicated.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

75-79 270
Abstract
The article examines the problems of application of administrative-contractual legal relations in the activities of internal affairs’ bodies. It is proved that for participation in the administrative-contractual legal relations of the organs of internal affairs should have relevant expertise. The conclusion about the presence of activities of internal affairs’ bodies and public-service administrative-contractual legal relations, international administrative-contractual legal relations, coordination of administrative-contractual legal relations, administrative-contractual legal relations in the sphere of science and education and competency of administrativecontractual legal relations. Agreement in the administrative-tort industry with the participation of the internal affairs bodies should be recognized competency administrative-contractual legal relations, the content of which are the rights and obligations of the parties for the transfer of the powers for drawing up protocols on administrative offenses, responsibility for which is stipulated by the legislation of constituent entities. Analysis of administrativecontractual legal relations in administrative-tort field allows to conclude that the administrative and contractual regulation is an essential element of administrative activity of internal affairs bodies.
80-85 394
Abstract
The article discusses theoretical and practical issues of legislative regulation of migration processes in Russia. Migration policy and migration situation in Russia, the ratio of the norms of international law with the legal principles of our country, the problems of obtaining Russian citizenship, violation of the rights of refugees and internally displaced persons are analyzed. An inevitable and natural attribute of the globalization processes of today is the escalation of migration processes. Migration, emerging from the temporary and accidental phenomenon in the constant factor of strategic importance, is a vast resource, which is subject to effective use. Improvement of state migration policy, closely linking it to current problems of socio-economic development of the country, and everyday close attention to migration issues-these issues were determined by the President of the Russian Federation as extremely important.
86-91 428
Abstract
In the article actual problems of qualification of repeated driving of a car, a tram or other mechanical vehicle by a person in the state of intoxication are considered (Article 264.1 of the Criminal Code of the Russian Federation). Ways to solve these problems are suggested. The problems of establishing administrative prejudice in criminal legislation are identified, taking into account the provisions of the decision of the Constitutional Court of the Russian Federation of February 10, 2017 no. 2-P. The problems of qualification of repeated driving of a vehicle by a person in the state of intoxication are investigated. It is substantiated that Art. 264.1 of the Criminal Code of the Russian Federation is a norm with double prevention. The conclusion is made that it is necessary to adopt a resolution of the Plenum of the Supreme Court of the Russian Federation where an interpretation will be given of the application of norms with administrative prejudice to develop a unified approach to understanding the criminalization of such acts and the grounds for prosecuting those who committed them.

TRIBUNE OF YOUNG SCIENTISTS

92-97 423
Abstract
The objective side of a crime as an integral part of the science of criminal law of Russia and Mongolia is constantly in the spotlight. In the context of this topic the Author of the article considers the concept of «encroachment» on the life of a representative of authority in the criminal legislation of the Russian Federation and Mongolia. In connection with the public danger of this crime, additional qualifying features are proposed. Illusions and gaps in the criminal legislation of Mongolia concerning the moment of the end of encroachment on the life of a representative of authority are highlighted. In this issue, we consider it expedient to use the Russian approach to solving this problem. The article gives a comparative analysis of Art. 317 of the Criminal Code of the Russian Federation «Encroachment on the life of a law enforcement officer» and a similar norm of the criminal legislation of Mongolia.
98-102 579
Abstract
In article the genesis and development of the theory about the rights and freedoms of a person are studied. Works of classics and modern scientists about the reasons of their emergence, about justification of giving to the rights and freedoms of natural character are analyzed. Features of formation and evolution of the natural-legal theory in Russia are investigated. Negative consequences of denial of the theory during the Soviet period and her positive influence on process of democratization of the Russian society during the postsoviet period are noted. The problem of a ratio of the natural right with positive law, their influence at each other, completeness of legal fixing of the rights and freedoms of the person is solved. The changes in the theory about natural human rights which have arisen under the influence of process of historical development of society are considered. As a result of a research the author comes to a conclusion about a positive role of the theory about the natural rights and freedoms of the person in general and also about her positive influence on modern science of constitutional right and law-making.
103-106 267
Abstract
The article is about the question of terminology improvement in the field of providing rights of defense of human honor and dignity. The Author analyzes some legal terms that have been set in the legislation, touches an issue of their interpretation. Noting that the concepts “honor”, “good name” and “reputation” are synonyms, he asks about expediency of fixing in the legislation several concepts having identical value. Proving the point of his view, the Author considers that the concepts “honor”, “good name” and “business reputation” can be replaced with the unified term “reputation”. The Author offers to discuss the statement of the following articles of the specified acts: p. 1 Art. 23 of the Constitution of the Russian Federation, p. 1 Art. 128.1 of the Criminal Code of the Russian Federation, Art. 152 of the Civil Code of the Russian Federation, p. 1 Art. 5.61 of the Code of the Russian Federation of Administrative Offences.
107-111 356
Abstract
The article is devoted to the actual problem of assigning peasant (farmer’s) economy to a certain type of legal entities. The purpose of the article is to analyze the existing legal norms governing the activities of peasant (farmer’s) economies. The Author focuses on the civil legal capacity of the peasant (farmer’s) economy, identifies and describes the characteristics of the head of the economy, which has special legal capacity. In the article the peculiarities of registration of peasant (farmer’s) economy are elucidated. This direction is also supplemented by consideration of the issue of the property independence of the economy. Based on the study of the legal norms governing the activities of peasant (farmer’s) economy, there are gaps in civil legislation and the need for its improvement is revealed.


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ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)