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Vol 16, No 2 (2020)
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HISTORY AND THEORY OF STATE AND LAW

5-17 216
Abstract
The article analyzes the economic and political rights of the local nobility of the Baltic territories in Sweden, when the region gradually lost its independence and the differences between local and Central government were eliminated, which deprived it of the potential for developing its own statehood. It is emphasized that the accession of the Baltic States by Peter I secured their administrative management under the previous legislation for local authorities, while the “Accord points” should be attributed to the traditional agreement of subjects and the monarch for the era. It is revealed how Catherine II’s reform of the internal administration of the region created the beginning of the practice of final elimination of the medieval “liberties” of the Baltic States. At the same time, the administrative and judicial institutions of the center were recognized as public authorities, private law was preserved, and the “rights and liberties” that were preserved did not have the potential for Autonomous fuction. The author asserts the position that with the publication of the Code of 1845 before existing privileges continued to act, however, revealed their differences in action of separate norms were allowed on the basis of General law, since Arch was established that the exception is the effect of local law and the General rule of higher legal force of state law.
18-25 165
Abstract
The article is devoted to the analysis of the nature of the transformation of the civil legislation of the Russian Empire in terms of regulating the sale and purchase relations in the 19th and early 20th centuries. The essence and legal nature of the sales agreement is determined, the analysis of the objective prerequisites for the emergence and development of this institution in Russian law is carried out. It was established that its occurrence was a logical and logical outcome of socio-economic processes during the period of “economic liberalism”. A circle of sources of law has been determined, establishing the basis for legal regulation of this type of obligation. In particular, these include: regulatory legal acts, materials of judicial practice of higher instances and norms of customary law. Assessing the arguments of the participants in the scientific discussion about the appropriateness and validity of highlighting the sale as a separate obligation, the author formulates the key differences between the sale and the sale, which allow us to consider the sale as an independent legal institution.
26-32 171
Abstract
From the socially established moral behavior depends on the fruitfulness of prevention, which, by its volume is much higher than phase detect and prevent terrorist acts, but the question arises in respect of legal support in this sphere, since such software often do not completely correspond to the legal positions of the constitutional Court of the Russian Federation, which has repeatedly noted that in the standard interpretation of any authority, the legal norm must meet the requirement of certainty, clarity and unambiguity (resolutions of 25 April 1995 no. 3-P, of 15 July 1999 no. 11-P, of 25 February 2004 no. 4-P, of 20 April 2009 no. 7-P, of 6 December 2011 no. 27-P, of 29 June 2012 no. 16-P, of 22 April 2013 no. 8-P, of 18 November 2014 no. 30-P). The principle of legal certainty implies a systematic and comprehensive legal regulation of public relations, clarity, accuracy, consistency and logical consistency of the rules of laws that ensure their uniform application in practice. These approaches were confirmed in the decision of the court of the Eurasian economic Union dated February 21 2017 NO-1-1/1-16-BK. Artificially delaying the resolution and coordination of common positions on human rights and freedoms requires the formation of a coordinated approach on the part of an adequate anti-terrorist unit in order to prevent sustainable development. The perception of this development by the subjects of state management and control in the field of counter-terrorism as an important element in the system of this function will improve the implementation of a comprehensive anti-terrorist approach. The article considers these trends, prospects and draws conclusions.

CONSTITUTIONAL, ADMINISTRATIVE AND ENVIRONMENTAL LAW

33-40 168
Abstract
The study on the signs of socio-economic constitutionalism addresses only certain aspects of this broad issue. The article says that the Constitution of the Russian Federation lays down the potential of a socially oriented economy, examines the relationship of the social and economic foundations of the constitutional system with the foundations of the socio-economic status of the individual and the problems of the country's economic development. The scientific novelty of the study lies in the fact that the significance of constitutional values in the context of socio-economic constitutionalism during the economic crisis is indicated, a correlation is established between the effective development of a socially oriented economy and the implementation of constitutional norms that enshrine the principles and guarantees of socio-economic rights as basic guidelines, not fully implemented. The scientific result of the study was the proposal of the need to develop and implement a state standard of social well-being. In connection with the use of such a standard, law enforcement practice may in the future contribute to positive shifts in Russian socio-economic constitutionalism in the context of the formation of answers to the challenges of globalization.
41-47 206
Abstract
The article is devoted to study of special regimes, applied within emergence of circumstances similar to the spread of the COVID-19 pandemic from the point of view of effectiveness of legal regulation used in extraordinary situations. It was established that in order to combat the spread of COVID-19, a new regime of high-alert having no analogues in the Russian legal system was developed, which is the basis for deciding on the need to improve special rules to apply in extraordinary situations. A study of the amendments that have been made to the current legislation in connection with the fight against Coronavirus permit to determine the ratio of high-alert and emergency response situations. Based on a study of the work of scientists and amendments to legal regulation in researched sphere, the author formulated proposals to the current legislation on the establishment of special regimes.
48-55 187
Abstract
The Environmental Code in the Republic of Kazakhstan was adopted in 2007, before that, the Law of the Republic of Kazakhstan on Environmental Protection regulated environmental issues. Currently, a draft of the new Environmental Code is being developed, one of the main directions of which should be the creation of a “green” economy in the Republic of Kazakhstan, including investment in “green” technologies, and in this regard, the draft Environmental Code should become more environmentally oriented than the current law. It is obvious that today we are seeing a change in our country's environmental policy, because for many years we have developed the economy at the expense of environmental interests, and it is probably high time to think about the priority of environmental interests over economic ones. Thus, Kazakhstan needs the new Environmental Code, but it must be really new, otherwise all efforts will be wasted, and this codified law should mark a new milestone in the development of our state - the priority of environmental principles over economic ones.

CIVIL AND FAMILY LAW

56-66 239
Abstract
The current article deals with historical and legal study of those legislative ideas that became the basis for introducing relations on the actual upbringing of a minor through the sphere of family law regulation. Using historical methodology, legal monuments of Soviet period - RSFSR KZAGS of 1918, CoMF of RSFSR of 1926, and RSFSR CoMF of 1969 are analyzed. In the context of the political and socio-economic development of society in this historical period, the author examines the legislative motives that led to the introduction of the relationship between the actual teacher and the pupil in the sphere of alimony for persons belonging to other family members. Analyzing specific historical, social, scientific and legal reality which there was a actual phenomenon of education in, the authors know the logic of legal thinking of the legislator who asked for the relationship of child-rearing, do not have an explicit legal basis, legal name in the form refer to it through the design of the actual education and as to the education of his family.
67-73 234
Abstract
The study identified several issues relating to click-wrap agreements in legislation and case law, namely: difficulty in reading terms of contract for an average user which results in users’ refusal to read them, and including onerous conditions by the rightholder. A range of measures to protect users’ rights from click-wrap agreements: consolidation of special conditions of click-wrap agreement invalidity, application of the rules relating to protection of a weak party of an agreement and consumers’ rights, application of the principle of good faith in case law.

CRIMINAL LAW AND CRIMINALISTICS

74-81 2143
Abstract
The article, taking into account scientific opinions expressed by scientists at different times and the legislative definition of intent, analyses the characteristic “knowledge” which is used in many norms of the Special Part of the Criminal Code of the Russian Federation. The study emphasizes the relationship between the boundaries of the legislative formula of intent, in particular its intellectual element, and the legal concept under consideration, and on the example of some crimes. The limits of reliability and admissibility of knowledge of certain circumstances within the category “known” and their impact on awareness of public danger and anticipation of socially dangerous consequences are considered. Special attention is paid to the importance of this concept in the structure of the intentional form of guilt and this is done in comparison with the criminal legislation of the Soviet time. The role of the category “knowledge” in ensuring the principle of subjective imputation and compliance with the prohibition of objective imputation in the context of the abolition of this category from criminal law is discussed. In the operative part of the article, it was suggested that the topic should be applied in criminal law.
82-86 226
Abstract
The article considers ways to overcome corruption in the investigation and inquiry bodies by improving the course of criminology and establishing and implementing a moral and historical school. Named origins and pioneers of the ethical-historical school of criminology, given their views on the quality of justice investigator from the psychological side: integrity, strong moral convictions, skill in complex conflict situations, to remain master of their feelings and aspirations, to remain faithful to the moral principles of intolerance to evil, the pursuit of justice, ethical behavior in relations with the suspect, accused, witness, excluding physical or mental violence. It is argued that the communication of the investigator with the accused should not be based on deception and immorality; in such a profession necessary moral fortitude, and perseverance of the investigator in an atmosphere of total temptation and corruption, the ability to effectively resist illegal pressure, selfless dedication in any environment, selflessness, and humanism. The abovementioned application of the content of ethical-historical school of criminology, such as: the development and adoption of a code of ethics for CSI, the CSI oath, improvement or adoption of such codes for various categories of employees of law enforcement bodies and subjects of law enforcement; the implementation of the educational process on criminology interactive exploration of film documents on the history of the sections and fields of criminology, political processes, the Nuremberg trials, investigation and conviction of Nazi criminals and their accomplices, the investigation of disasters, terrorist attacks, the death of political and cultural figures, investigation of resonant crimes from different eras and in recent years, return to the detailed development and implementation in the training of lawyers clear criteria of admissibility of tactics; creation of self-regulating communities in state and law enforcement agencies that can be contacted in cases of corruption pressure. Scientific results demonstrate an extremely low knowledge of the recent history of criminology and the Nuremberg trials by law school graduates. The results are new and have not been published before.


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ISSN 2542-0410 (Print)