THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES
The legal life of society as an object of legal knowledge can have various invariants (species, forms), which are complex self-developing systems with constantly changing quantitative and qualitative characteristics as they evolve (in time, space, and more). When they interact, there is a permanent change in the most integral object, which goes into more and more new phases. This type of integral object is the legal life of the rural world (rural life), covering the entire range of material and spiritual legal phenomena that arise when solving the tasks of state policy for the development of rural areas in order to improve the quality of life of the population, ensure national security and sovereignty of Russia. In this study, the subject of legal knowledge of the legal life of the village is formulated ideas, principles, legal relations (power, economic, environ-mental and other spheres of activity of the subjects), legal norms and other elements that collectively represent the foundations of the law of the rural world. The legal basis of rural life as a self-developing political and legal phenomenon is an effective tool for improving national positive law. The study of the foundations of the law of the rural world through a more detailed study of significant signs of its structural elements through the synthesis of methods, methods and processes of scientific knowledge allows you to objectively supplement the conceptual range of legal science.
The article analyzes individual legal acts regulating the issues of delimitation of the jurisdiction and powers of the Russian Federation and the constituent entities of the Russian Federation in terms of legal technique, in particular, the presence of elements of a framework legal regulation. Separate aspects of framework legal regulation from the point of view of constitutional law, the purpose of this study is to study the legal technique, tools of framework legal regulation. The mechanism of framework legal regulation exists in the field of delimitation of the subjects of jurisdiction and powers of federal government bodies and its subjects. From the point of view of legal technique, signs of framework legal regulation can be traced in the legislation of the USSR, however, conceptual changes in the development of federal relations began to occur at the end of the 20th century. An analysis of the legal acts that were signed before the popular vote on the adoption of the Constitution of the Russian Federation is essential in the process of determining the legal tools that the legislator used in regulating federal relations in the Russian Federation. Regulatory legal acts, including the Federal Treaty, were of great importance in the process of centralization of state power in our country, contributed to preventing the withdrawal of the autonomous union republics of the RSFSR from its composition. The Federal Treaty has certain features, on the technical and legal side, the text contains polysemy, relatively certain norms that create uncertainty in legal regulation, on the one hand, and on the other hand, in some Treaties there is a condition for further specification of legal relations, which allows taking into account the local features of the regions in further legal regulation. In complex states, the relationship between federal authorities and subjects of the federation is important, first of all, in order to carry out the functions of the state. From the point of view of the methodological concept of historicism, it is possible to explore the development of legal means of framework legal regulation, which were laid down during the formation and development of federal relations in Russia. Based on the results of the study, certain problems were identified, as well as generalizing conclusions were made.
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
With the development of the state and society, changes in legal relations inevitably occur. The ongoing changes also apply to various categories of the population. Minors, often with unlimited access to the Internet using information technology, are at particular risk. This applies to negative information posted on the network, which often destroys moral principles and causes significant damage to education, even with the proper performance of their duties by parents. The situation is aggravated by the fact that the number of offenses and crimes committed by minors is increasing, which often occurs under the influence of a group or propaganda of Internet users. Both criminal and administrative legislation establish a certain age from which persons can be held liable for one or another type of responsibility. Civil law also limits the age at which a person can be fully liable. Responsibility for children under this age is borne by parents, since it is they who are entrusted with the duty of education. The Author examines the types of civil liability of minors. Law enforcement practice in civil cases involving minors is analyzed. An examination is given of such a new phenomenon as bullying, which has recently been actively covered in legal literature. This is primarily due to the fact that minors, due to mental immaturity, sometimes do not realize their behavior in a team, as a result, causing aggressive persecution of other minors. As a result, people who have been bullied inflict moral and sometimes physical suffering. Since there are no clear instructions in the civil legislation regarding the distribution of responsibility between the child's parents, the Author provides scientific views, as well as the interpretation of the legal relations in question in judicial practice. In conclusion, the results of the study are summarized, conclusions are drawn about the need to bring the norms of civil and family legislation into line and consolidate a unified procedure for recovering damages in case of causing it to minors
The Author considers the hereditary transmission as a special legal phenomenon, analyzes problematic issues of the current legislation and possible ways to resolve them based on the established judicial practice. This topic seemed to the Author quite interesting, despite its obvious lack of demand in the judicial and notarial practice of the last five years. This scientific work is the result of theoretical and practical analysis, both of the entire institute of hereditary transmission, and of such categories (transmission, transmitter, procedural mechanisms) used in cases of inheritance of certain types of property. Important legal aspects of transmission inheritance of property are investigated both in marriage – family and blood – related relations, and in directly related to them, corporate and entrepreneurial. The Author's analysis of inheritance norms is accompanied by a comparison of them with similar norms of foreign legislation. On the example of more than twenty of the most significant court decisions of the Russian judicial authorities, the peculiarities of the system for implementing the institute of hereditary transmission in the Russian Federation and similar institutions in foreign legislation are revealed. Also, on the basis of an integrated approach, the institute of hereditary transmission is investigated in its relationship with various institutions of Russian law and economic analysis of inheritance processes. We believe that business inheritance and inheritance of other types of property, in particular, digital and non-documentary assets, at this stage of the development of Russian legislation is of urgent practical importance, since, transforming and complicating, it is often these relations that significantly affect the subjects of the relations that have arisen and their goals in terms of the implementation of rights and obligations in many areas of public life. We are convinced that the active, continuous development of corporate, family, bankruptcy and intellectual property relations on the one hand and the improvement of Russian legislation on the other will give positive dynamics to the institution of hereditary transmission, simplify the possibilities of its implementation and proof, preserve its significance and essence as one of the most important institutions of Russian hereditary law.
In the pharmaceutical industry, the development of a new invention – a drug, the acquisition of a patent and the introduction into civil circulation by the developers spend significant resources in material and time. In this regard, drugs are attractive for falsification, and attempts are also being made to reproduce the imitation of original drugs, which requires special attention to the protection of the rights of patent holders. Obtaining a patent for an invention provides an exclusive right to its owner, being a kind of state gratitude for ensuring innovative progress, and, on the other hand, carries significant threats due to the possible dishonesty of patent owners, which, according to the Author, taking into account the latest challenges of the time, requires no less attention in terms of providing protective mechanisms against abuse. Since the availability of medicines is one of the main tasks of national health care, the Author raised the actual problem of applying one of these mechanisms in domestic law, namely the mechanism for issuing compulsory licenses for medicines as inventions (compulsory licensing). The article contains a brief historical outline of the foreign application of such institutions, analyzes domestic regulation and law enforcement practice, on the basis of which theses are put forward on the need for additional legal regulation.
FINANCIAL LAW, TAX LAW, BUDGET LAW
The subject of the research is the norms of the budget legislation of the Russian Federation aimed at regulating relations related to the provision of inter-budget subsidies. The purpose of the study is to consider the concept of “subsidy”, to determine the main features inherent in this legal category, to analyze inter-budgetary subsidies on their basis, to identify problems in the legal implementation of these inter-budgetary transfers, to develop proposals for their legislative resolution, to present the Author's definition of the concept of “inter-budgetary subsidies”. The methodological basis of the study is a set of scientific methods: formal-legal, structural-functional, comparison, search and analysis of scientific and regulatory material. The scientific basis of the study was the work of scientists in the field of financial and budgetary law. With regard to inter-budgetary subsidies, the content of this concept, the definition of the signs of the cash payment in question, which distinguish it from other inter-budgetary transfers, is of particular importance. In addition, in the study of inter-budgetary subsidies, the issues of their compensatory and gratuitous nature, the voluntariness and coercion of the provision of interbudgetary subsidies, including the possibility of the existence of subsidies as transformed fiscal and tax payments, are of particular scientific and practical importance. On the basis of the features inherent in subsidies, the article presents arguments about the gratuitousness of inter-budgetary subsidies, formulates proposals for the abolition of subsidies provided to the budget of a constituent entity of the Russian Federation from the local budget as inconsistent with the requirements of subsidizing and acting as a tool for forced withdrawal of budgetary funds. Also, despite the existence of the practice of normative legal regulation of relations on the provision of intergovernmental subsidies on the terms of 100 percent co-financing, the article substantiates the conclusion that such an approach is inadmissible. Based on a comparative analysis of inter-budgetary subsidies and other inter-budgetary transfers, the study makes an introduction to the need to amend the legislation to eliminate the identity of the purposes of providing these transfers and the regulatory case of 100 percent co-financing of other inter-budgetary transfers. Based on the results of the study, the article presents the Author's definition of inter-budgetary subsidies.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
The article is devoted to the analysis of the stipulated part 2 of Art. 14 of the Criminal Code of the Russian Federation of insignificance of acts. Examining the relevant normative instructions, explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the scientific literature, the Author comes to the following conclusions. Not always the presence of an aggravating circumstance in an act excludes the possibility of applying to it the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Of course, the onset, for example, of grave consequences as a result of an offense (clause “b” part 1 of article 63 of the Criminal Code of the Russian Federation), reduces to zero the likelihood of recognizing it as insignificant, however, the commission of an action (inaction), in particular, as part of group of persons (clause “c” part 1 of article 63 of the Criminal Code of the Russian Federation) reduces, but does not completely exclude such a possibility. It does not automatically predetermine a positive solution to the issue of insignificance and the presence in the act of a mitigating circumstance, let's say, its commission on the motive of compassion (clause “h” part 1 of article 61 of the Criminal Code of the Russian Federation), but the less extenuating circumstances in the deed, characterizing the committed action (inaction), and the greater the number of such aggravating circumstances, the less likely it is that the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (and vice versa). It is possible to recognize as insignificant a violation (for example, theft) committed against “particularly vulnerable” categories of victims, for example, pregnant women, the elderly. It is not excluded that an action (inaction) that formally contains signs of a crime of any category (mostly, of course, of minor or moderate gravity) is considered insignificant, but the more “heavier” such a category is and the more “qualified” the corpus delicti, the signs of which contain act, the less likely it is that the provisions of Part 2 of Article 14 of the Criminal Code of the Russian Federation will be applied to it. Voluntary surrender; remorse for what you have done; compensation by a person for damage or otherwise making amends for the damage caused by the encroachment; contributing to the disclosure and investigation of the incident; admission of guilt by the offender; his reconciliation with the victim are not circumstances characterizing the insignificance of the act, since in part 2 of Article 14 of the Criminal Code of the Russian Federation we are talking about the insignificance of the committed action (inaction), and not about the behavior of the perpetrator after the commission of the act.
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
Violent actions are a component of the objective side of many offenses. They serve as a factor influencing the qualification of offenses that have not received proper scientific and legislative assessment, which is clearly reflected in the current structures of offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences “Battery” and Art. 156 of the Criminal Code of the Russian Federation “Failure to fulfill the obligations of raising a minor.” In the first case, there are a number of debatable issues related to the definition of the object of the specified administrative offense, the objective side, as well as the personality of the minor victim. In the second case, despite its legal significance (in terms of consequences), such a negative factor as ill-treatment of minors did not receive proper conceptual development in Russian legislation. The legislator and the Plenum of the Supreme Court of the Russian Federation treat it as an evaluative concept, which is true from the point of view of legal technique, but from the point of view of law enforcement, it raises the question of what signs should indicate the presence of this circumstance? The purpose of the study is to determine the structural parts of violent acts that form the objective side of the offenses under consideration. Achieving the goal is possible by solving the following tasks: to determine the properties of violent acts that indicate cruelty to minors in case of failure to fulfill the duties of raising minors (on the example of repeated administrative offenses under Art. 6.1.1 "Battery"); develop a legal assessment of such a circumstance as the commission of violent acts in family and domestic conflicts (in particular, beatings) in the presence of minors; submit proposals for improving Russian legislation on the issues under consideration. The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations in which violence (beatings) and cruel treatment of minors is committed; comparative analysis, synthesis of the results obtained in the course of the study, which made it possible to substantiate the need for the development of acts of state bodies. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. As a toga of the study, some acts are proposed for discussion that may indicate ill-treatment of minors and either be an integral part of it, or serve to distinguish between administrative offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences from crimes under Art. 156 of the Criminal Code of the Russian Federation. Violent actions that characterize the cruel treatment of a minor in case of failure to fulfill the duties of raising minors include those that express heartlessness, ruthlessness, cause suffering to a minor by inflicting bodily harm, beatings, committing other violent acts, threats, etc. It is proposed in Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences to add a part 2 (qualified composition), indicating in it the same actions as in part 1, but committed against a minor and (or) against an adult in the presence of a minor, providing for a more severe punishment.
ISSN 2658-7610 (Online)