PUBLIC LEGAL (STATE LEGAL) SCIENCES
The issues of legal regulation of the organization and functioning of all government bodi es have always been the subject of numerous studies, discussions and even disputes. The rapid new reorganization of the legal foundations of the unified system of public power that started in 2020, having passed the federal and regional level of state power, "stumbled" at the level of local self-government. The draft federal law No. 40361-8 "On General Principles of Organization of Local Self-Government in the Unified System of Public Power", which was submitted to the State Duma of the Russian Fe deration on 16 December 2021, has so far remained at the level of "proposals and comments for the second reading". This allows us to focus on the analysis of problematic issues of the current situation with the legislative basis of local self-government in Russia in order to avoid and take into account in the future existing errors and shortcomings, as well as to improve the current system of legal regulation of local self-government as soon as possible. The Authors of this study attempt to analyze and draw the attention of other researchers, representatives of federal and regional legislative authorities to the existing obvious problems in the legislative regulation of local self-government in federal cities. Specific examples of the texts of the laws of Moscow, St. Petersburg and Sevastopol, allow us to draw disappointing conclusions about the significant abuse by the legislators of these constituent entities of the Russian Federation of their rights to regulate certain issues of organization and functioning of local self-government in the territory of federal cities. Evidently, the existing conflicts should be eliminated as soon as possible and taken into account by the federal legislator in the formation of future legislative framework for determining the specifics of local self-government in federal cities. The current situation seriously affects the principle of direct and immediate effect of the Constitution of the Russian Federation, as well as the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its constituent entities.
The subject of the analysis is the relations and activities of law enforcement agencies related to the qualification of administrative offenses aimed at discrediting the Armed Forces of the Russian Federation and state authorities in the context of unfriendly relations and armed confrontation between individual countries.
Forces of the Russian Federation and public authorities in the conditions of unfriendly attitudes and armed confrontation of certain countries.
The purpose of the study is to clarify the phenomenon of verbal and intensional offences of psycho-emotional type, the peculiarities of construction, design and deconstruction of the main elements of the composition of this type of administrative offences.
Clarification of the criteria for the separation of conditionally lawful and categorically unlawful act expressed as a negative statement or aggressive unstable attitude of the psychological state of the person who committed an administrative offence also is the purpose of this paper. The research methods are based on the application of the legal text and correlation of the context of circumstances from the positions of the main provisions of propositional logic (derivation of categorical judgements about the meaning of certain terms with uncertain semantics (discrediting, publicity, targeting, etc.)). The doctrine of multiple predicates (which allowed building of matrix structures of admissibility of imputation of an unlawful act to a subject with a certain legal status only, as well as situational negation of admissibility of its imputation, if a full map of the subject's legal status is not available) is also used in the present research. Besides, design of modal constructions (rules of qualification of administrative offences of psycho-emotional type), as well as the logic of evaluations (in terms of weak and strong statements about prohibited or permissible statements about the activity of representatives of the authorities in certain conditions or in certain ways) is used as effective research method . The main conclusions of the study are expressed in the assertion of the priority establishment of amenability and punishability for offences related to the formation of destructive anti-cultural stereotypes, false ideological attitudes, belittling of the traditional way of life and denial of vital foundations of Russian society, the need to eliminate legal constructions with vague and unclear content. Increased attention should be paid to the semantic analysis and targeting of the offender's phrases precisely to replace the upheld public position with egoistic aspirations and planting the priority of personal misconceptions. It is necessary to introduce a separate category of rules of information and semantic analysis when imputing this or that administrative offence.
The present paper considers the problem of ensuring compliance with the principle of equality of all before the law when applying the institute of insignificance to the committed administrative offense. The Author examines the chronology of the appearance of the norm of insignificance in the legislation of Russia. He compares procedural legislation in cases of administrative offenses of the Russian Federation, the Republic of Kazakhstan and the Republic of Belarus in the context of the institute of insignificance. Study of Article 2.9 of the Code of the Russian Federation on Administrative Offenses, judicial acts of the courts of the first and subsequent instances, the analysis of scientific works devoted to the problem of the application of the institute of insignificance allow studying the problem of the application of the institute of insignificance to all material norms establishing administrative responsibility under Article 2.9 of the Code of the Russian Federation on Administrative Offenses. In the aspect of the principle of equality of all people and citizens before the law, questions are raised about the validity of assigning the status of “exceptional” to the norm under study. Comparison of the practice of application of Article 2.9 of the Code of the Russian Federation on Administrative Offences by courts of general jurisdiction and arbitration courts clearly demonstrates the application of the institute of insignificance in the judicial process. The problem of the application of Article 2.9 of the Code of Administrative Offences of the Russian Federation by authorized executive authorities in the administrative process is also considered in this paper. Arguments against the existence of a discretionary power in the institute of insignificance are given. The constitutional norms violated by the presence of discretionary authority in the institute of insignificance are called. The constitutional rights of delinquents violated due to the existence of discretionary powers in the institute of insignificance are named. The Author discusses the possibility of changing the existing legislation in order to ensure compliance with the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility. The Author proposes to state Article 2.9 of the Code of Administrative Offences of the Russian Federation in the wording that ensures the right of all delinquents to equality before the law and the court in order to ensure their constitutional rights, including to maintain the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility.
Violence between children, including between siblings, is considered as a separate form of family (domestic) violence. The problematic nature of this illegal phenomenon is substantiated based on analysis and generalization of the results of scientific research by Russian and foreign scientists, including sociological and other data obtained by them.
The aim of the work is to study and determine the degree of public and scientific recognition of the problem of violence between siblings in principal in legal and other aspects, to consider the existence of a basis according to which it is possible to identify it as a separate form of family (domestic) violence in order to improve the organization of the activities of crime prevention bodies.
The Author applied a dialectical approach to the scientific cognition of social relations associated with the commission of acts of violence between siblings, the method of analysis and generalization of the results of scientific research. The results of the study were the confirmation of the hypothesis about the existence of the facts of committing violence between siblings abroad and in Russia and the demanded need to recognize it as a separate form of domestic violence, as well as the suggestion of an expanded understanding of the object of state-legal protection of individual rights from domestic (family) violence depending on the type of persons attempting to commit it. Not only parents (cohabitants) and other legal representatives of minors act as subjects of family and domestic relations, but also older children who commit acts of violence against younger brothers and sisters. The proposed understanding of the object of administrative and other offences committed in the sphere of family and domestic relations will allow the bodies of law violation prevention to improve the organization of their own activities in the field of protection of the rights and legitimate interests of minors.
Official secrecy as one of the methods of protecting state-relevant information in connection with significant legislative changes that occurred in connection with the adoption of the Law of the Russian Federation “On State Secrets” in the early 90s of the twentieth century, has passed a difficult path of formation and development in new socio-political conditions. At one time, it was an information resource formed by the state administration bodies of the USSR to protect the most important departmental information that is not related to state secrets. At the same time, the institute of official secrecy represented a unified administrative and legal regime for the protection of such information throughout the state, almost identical to the regime for the protection of state secrets. Since 1993, in connection with the adoption of the Law of the Russian Federation “On State Secrets”, the official secret in the form in which it existed before, actually disappeared. Without any serious grounds, all information previously protected under the heading “secret” was automatically classified as a state secret, which significantly expanded its scope, although the purpose of the adoption of the above-mentioned legislative act was precisely to reduce the volume of information protected in this regime. Since that period, official secrecy has been under conditions of legal uncertainty, which, it seems, did not work towards needs of the State in the real protection of state-significant information. A huge number of different databases containing various information related to the activities of state authorities and state organizations, providing access to their content via the Internet require the formation of a new universal administrative and legal regime that allows effective protection of such information from various illegal actions, including access from foreign states and organizations. The introduction of the category of “official secrets in the field of defense” into legislation in 2021 indicates the increasing importance of this category of information for ensuring the national security of the state. The present work reveals the main problems associated with the legitimization of official secrets at this stage of the development of our state.
PRIVATE LEGAL (CIVILITY) SCIENCES
The institute of protection of rights of construction contractors and customers under the legislation of the Republic of Singapore and the Kingdom of Thailand is considered.
The purpose of the article is a comparative legal analysis of the ways of protection of the rights of parties to construction contracts in these states.
The article presents a comprehensive view at this issue from a legal point of view. The normative basis for regulating the construction industry in Singapore and Thailand includes Civil codes and special legal acts (construction laws, by-laws of ministries and departments). Protection of rights includes measures of responsibility, measures of protection, measures of operational influence and measures of self-defense. Such methods of protection as reco very of liquidated damages, unjust enrichment, special contractual clauses, suspension of fulfillment of obligations and others are analyzed. It is noted that recovery of liquidated damages is a common method of protection of rights in foreign countries. However, this method is not typical for the Russian Federation. Unjust enrichment and restitution are considered equivalent and interrelated concepts applied in various relations, including construction. Self-protection measures include the inclusion of various clauses in construction contracts, suspension of fulfilment of obligations. The parties have the right to stipulate in the contract a condition of exclusion or limitation of liability, if such a condition is not prohibited by law. In the states in question, the rights of construction clients and contractors may be protected through various bodies. Most often construction disputes are resolved in courts or in arbitration. It is concluded that the legal regulation of protection of the rights of the parties to a construction contract in these states was formed under the influence of both continental and Anglo-Saxon legal families. At the same time, these countries have their own customs and traditions, that are unique and original. Based on the conducted research, a proposal for reforming the current civil legislation of the Russian Federation in terms of protection of the rights of construction contractors has been formulated.
CRIMINAL LEGAL SCIENCES
The modern development of social relations cannot be considered in isolation from the ethical component of human life. Questions of morality also concern many areas of state activity. One of them concerns investigation and trial. The implementation by the investigator, inquirer and court of the functions fixed in the Code of Criminal Procedure of the Russian Federation concerning many criminal cases involves the performance of activities related to compensation for moral damage caused by the crime. This issue is superficially regulated in the criminal procedure legislation. The conceptual complex considerably suggests taking into account the content of other branches of law. It is necessary to assess the content of the norms of civil legislation during the research of relations. Multiple influence on the nature of criminal procedural activity is shown. To solve this problem, issues related to the definition of the content of the concept of “moral harm” caused as a result of a crime are examined in the article. The features of establishing the amount of his monetary compensation to the victim, the civil plaintiff are reflected. The judicial practice of the considered sphere of legal regulation is analyzed. The analysis of the decisions of the Constitutional and Supreme Courts of the Russian Federation is also done in the present paper. The ratio of moral and other types of harm caused by the crime is carried out. Due to its ambiguity, the question of the relationship between moral and property damage is highlighted. Approaches to solving the problems identified by the Authors are formed taking into account the positions of other researchers in the legal literature. The analysis of peculiarities of assessment of moral harm is connected with the lack of clear normative criteria for its definition. The paper concludes that the high proportion of subjectivity in this area of legal regulation harms the solution of this issue. The increased attention in this area of relations to the content of a civil claim is determined. The necessity of substantiation of the amount of the relevant requirements on the part of interested parties in view of the implementation of the investigator, inquirer of security activity is reflected. A range of issues related to the definition of the procedural regime for the implementation of claims for material compensation for moral harm has been established. Proposals aimed at optimization of law enforcement activity on ensuring by the investigator, inquirer of the monetary compensation of the relevant moral and physical suffering and subsequent judicial activity are formulated.
The article is devoted to the study of important methodological and applied problems of investigative inspection. In the introduction, the Authors defined the importance of the investigative examination in the formation of the evidence base in the investigation of crimes. The main problems of methodological and applied nature are identified. The article considers the question of the concept of inspection as a method of cognition and investigative inspection as an investigative action. In particular, the attempt of the legislator to define the concept of inspection in relation to other branches of law is analyzed. In addition, scientific approaches to the definition of the concept of investigative examination in forensic science are analyzed. The Authors emphasize the search essence of the investigative examination, since the search component warns the subject of the investigation from turning the action into a simple contemplation and fixation of obvious elements of the situation, objects and their signs. In addition, the Authors pay attention to the epistemological essence of the investigative examination, defining it as an organoleptic examination of objects. The definition of the concept of investigative inspection is formulated, the issues of its difference from the search are considered. In particular, the Authors investigate such criteria of differentiation as coerciveness of actions of the subject of investigation, as well as the nature and degree of awareness of the investigator about the sought objects and their features. At the same time, the Authors make a conclusion about the relativity of each of the criteria of distinction and the need to consider them only taken together. In the final part of the article the current problems of fixation of the results of investigative examination in the conditions of digital transformation of investigative activity are considered. Some lag of the proposed techniques and methods of this element of the investigative action from the realities of today is stated. In this regard, the article considers the possibility of using modern mobile devices (including smartphones) for photo and video recording in the process of investigative inspection. The paper concludes with the main conclusions and formulates legal and tactical recommendations.
ISSN 2658-7610 (Online)