EDITORIAL
LAW
The article studies the actions of prosecutors, prescribed by and carried out according to law. These
actions are aimed at firstly, to bring information to particular bodies about the state of law and order in the respective territory and the results of the strengthening them and secondly, to raise the level of legal literacy and legal culture among citizens, officials and other persons and achieve a reduction in the level of their legal nihilism. It is noted that in the scientific literature these actions are referred to as “non-supervisory nonprocedural, or public awareness tools of prosecutor’s response”. The subject of the research is the materials of the prosecutor's practice, as well as the current statutory provisions of the Russian Federation. The insufficient status of the essence of the public awareness tools of the prosecutor’s response in science is emphasized. A distinction between them and other tools (mainly acts) of the prosecutor's response is made. Based on examples in the modern practice of various prosecutors in the Russian Federation, the authors outlined the role of the legal means of the prosecutor in the warning and prevention of possible violations of laws, including crimes and their causes, as well as possible violations of human and civil rights and freedoms.
The article discusses the criminal law and criminal procedural problems of legal regulation of liability for petty bribery, analyzes and evaluates the investigative and judicial practice of investigation and criminal trials under Article 291.2 of the Criminal Code of the Russian Federation on the territory of the Russian Federation, the Khanty-Mansi Autonomous Okrug – Ugra and the city of Surgut. The author uses empirical and theoretical research methods: analysis of the available points of view in the scientific literature on some features of classification and punishment for petty bribery; comparison of statistics on the components of crime under consideration; comparison with related offenses; observation; a survey of various groups of r espondents. The study reveals the defects of the legislative structure of the components of petty bribery, the difficulties of determination for proof limits. The possibility of applying a court fine to the guilty is also established, and an original solution to the raised problems is proposed.
The paper reveals the history of the organization of the Khanty-Mansiysk justice bodies in 1939–1945. The purpose of the article is to identify the main problems in the activities of the Soviet justice bodies in the conditions of the North of Russia. For the first time, archival materials on the organization of law enforcement agencies in the north of the Omsk Oblast are introduced. As the main research methods, comparative analysis and a historical approach are used. According to the results of the study, a weak personnel policy of the Soviet State is noted, which led to the constant movements of law enforcement officials. The specificity of personnel in the isolated region of the Russian Soviet Federative Socialist Republic is revealed. In conditions of personnel shortage and extremely unfavorable living conditions, it was difficult to form a permanent composition of law enforcement authorities. Almost all lawyers, as in previous decades, were incompetent and unskilled workers.
Тhe article considers the process of formation of foreign economic relations in the post-Soviet space, and stages of development of the Eurasian Economic Union. The reasons that determined the unification of the former Soviet Republics were economic and political interests related to ensuring the economic security of the participating countries, conducting free trade, creating competitive advantages for national goods (works, services), and promoting the development and growth of the economy. The effective solution of the set tasks has led to the creation of an economic union, the effective functioning of which is directly related to the proper regulation of foreign economic activity of economic entities and reliable protection of foreign economic relations from a criminal offense. The creation of an interstate association is connected to the adoption of a significant number of international legal acts, the satisfactory implementation of which is impossible without the harmonization of national legislation of the member-states, including in relation to of regulating foreign economic activity within the limits of the customs union and liability for violation of these regulations. It is concluded that member-states do not fulfill their obligations to make changes and additions to the national criminal legislation that reflect the legal features of establishing criminal liability for customs crimes. Recommendations for changing the national criminal legislation of each country that is part of the economic union are proposed, taking into account the content of international law – the law of the Eurasian Economic Union, which performs a regulatory function in determining the range of public foreign economic relations that need criminal protection.
Тhe value of the “subjective right” of the multinational people of the Russian Federation is the ensuring
that the state guarantees their rights and freedoms, primarily those enshrined in Articles 2, 17, 18 of the
Constitution of the Russian Federation. The lack of a unified scientific and legitimate definition of “legitimate interest” allows defining it as the interest of a particular entity, not itemized in the legislation, but guarded and protected by the state, governed by the principles of law, primarily the basic principles and guarantees of the Constitution of the Russian Federation. The representative government may not restrict the rights and freedoms of the citizen of the Russian Federation, performing a subjective interpretation of international acts by the European Court of Human Rights, that contravenes to the principles of the Constitution of the Russian Federation designed to provide “enhanced protection” of fundamental human rights as “national legitimate interests” of the multinational peoples of Russia.
The article discusses the features and practice of ethnological expertise in the primordial living environment of the indigenous peoples of the North, Siberia and the Far East. Considering that the development of mineral resources in the northern and arctic territories of Russia has now become the main activity of oil and gas producing and energy companies, the problem of preserving, further developing and ensuring the rights of indigenous peoples living in these territories is actively discussed in the expert community. The author examines the legal basis for providing ethnological expertise, international standards of legal regulation of this issue, and analyzes the experience of the constituent entities of the Russian Federation, which have it. An attempt to identify the positive aspects and risks for having ethnological expertise is made, and the problem of the opposition of indigenous peoples to the results of such examination is also analyzed. The author concludes that it is necessary to adopt a federal law on ethnological expertise and introduce related changes to federal and regional environmental legislation. The reasons for the distrust of indigenous peoples to the results of ethnological expertise are identified, as well as a possible solution to this problem is presented.
The article describes practical problems related to the imperfection of legal regulation of transplantology in the Russian Federation. It is noted that the Russian legislation has relatively recently begun regulating organ transplantation after defining the issue of organ donation consent. The need for the development of this sphere is substantiated. The authors also identify some vulnerable aspects for the development of pediatric organ donation and transplantation in Russia.
The article analyzes the legal regulation of crowdfunding in the Republic of Belarus and other countries
including the Russian Federation. The absence of legal norms regulating the crowdfunding relations forces the participants of these legal relations to be guided by the general rules of law of obligations directly or on the basis of analogy. The proposed legal regulation of these relations will contribute to the development of business and promising branches of the economy of the state and will have a positive effect on the investment climate and investment attractiveness of the Republic of Belarus as well.
The article analyses the process of constitutionalization of international law. The research task is to value its potential for constructing international constitutional law based on the analysis. The article includes a synthesis of general research methods and specific legal methods. It focuses on three significant aspects of rocess on the global level and the subjects of international law in the context of the sovereignty theory. The article also describes the problem of international constitutional law methodology. The author concludes on the necessity of separating the constitutional international law as an independent structure of international law because of the homogeneity of its legal regulation.
The author analyzes the possible trends of legal regulation of the interaction between local selfgovernment bodies and bodies of the state guard. The most common forms of such interaction are defined. The subject of the study includes theoretical and legal aspects of the interaction between local selfgovernment bodies and bodies of the state guard. The purpose of the research is to identify and analyze the forms of interaction that can be carried out between local self-government bodies and bodies of the state guard. It is necessary to solve such tasks as consideration the legal regulation of the status and forms of the interaction, determination of the principles of the interaction, exploration of areas of joint activity of local self-government bodies and bodies of the state guard. Such methods of scientific cognition as general scientific (analysis, synthesis, system approach) and specific scientific (formal-legal, comparative legal) methods are applied. The scientific novelty of the research is emphasizing of practical forms of the assistance of local self-government in the activities of bodies of the state guard. The results of the study, including the points about the lack of legal regulation of the interaction between local self-government bodies and bodies of the state guard are presented.
The article considers the problems of the concept of forensic characteristics of a crime and the basic approaches to the definition of its essence that have developed in science. From the perspective of practical activity on the investigation of sexual crimes, the ways of giving a closer definition to the concept are outlined, and the international experience devoted to this question is studied as well. The parameters based on the criteria of practical significance are defined, which should correspond to the forensic characteristics of the investigated crimes. Using these parameters, the works of Russian and Ukrainian scientists and criminalists containing the forensic characteristics of sexual crimes are analyzed. As a result, the basic negative tendencies in the given direction are revealed. The author's concept of the forensic characteristics of sexual assaults committed against minors is proposed. The direction for solving the general theoretical problem of the doctrine of the forensic characteristics of crimes is also noted.
The content of the 2020 constitutional reform in Russia is described as a national version of the implementation
of the last stage for the Eurasian constitutional process, chronologically covering the second decade of the 21st century and completing the long constitutional cycle that began in the 90s of the previous century. It is proved that constitutional changes in Russia, as well as in other member states of the former USSR, reflect the establishment of new constitutional values and national legal systems that satisfy the establishment of their national identity. A comprehensive analysis of the new constitutional values to transform the axiological foundations of constitutions from liberal to populist is proposed. The continuity of the content of the political part of constitutional reforms in Russia with the previous stages of constitutional development is established. It is proved that the core of a systematic and multidirectional change in the organization of public power in the Russian Federation is the completion of the formation of the presidential republic with the supremacy of presidential power.
In accordance with the Civil Code of the Russian Federation, it is possible to refuse to open a current account due to the bank's inability to accept a client for banking services, or if the law or other legal acts permit such a refusal. The authors analyze the list of reasons for refusal in opening a bank account provided for by laws and other legal acts.
The article considers possible techniques and methods aimed at improving the principle of encouraging the acquisition of Russian citizenship, and also raises the question of the application of unique different iated measures by the government in relation to citizens of different states aimed at encouraging the acquisition of citizenship of the Russian Federation. The relevance of the study is highlighted by the high interest of the state in increasing the population returning of the highly qualified compatriots to their homeland. The purpose of the research is to analyze the current state of the principle of encouraging the acquisition of Russian citizenship. The study is based on general scientific and special legal methods. As a result of the research, the author concludes that for the comprehensive development of the Institute of citizenship in modern Russia, there is an increasing need for a detailed study of additional incentive measures aimed at developing the principle of encouraging the acquisition of Russian citizenship.