Vol 16, No 3 (2020)
CONSTITUTIONAL AND ADMINISTRATIVE LAW
5-19 2282
Abstract
The article discusses the issues of the legal nature of anthropological constitutionalism, axiological and conceptual foundations of the legal status and dignity of a person in the perspective of juridical-humanistic existence, the problem of integrity and ontological inviolability of human dignity in theoretical, constitutional-existential and legal discourse, doctrinal and judicial constitutionalization of the principle of safety and protection personal dignity.
20-27 231
Abstract
This article is devoted to taking into account the position of citizens living in the territory of entities expressed both through direct and representative forms of democracy. As a result of the study, the author comes to the conclusion about the concentration of most political processes in the central part of the state, about a small number of institutions and processes that contribute to taking into account the positions of citizens in the regions. The main role in the process of modernization of democracy could be played by legislative (representative) bodies of state power of the subjects, within the framework of which it is possible to develop advisory forms of democracy on the ground.
28-39 219
Abstract
The article considers the process of normative and judicial-interpretative constitutionalization of the secular state, freedom of conscience and religion in the Russian Federation. Based on the materials of the European Court of human rights, the constitutional Court of the Russian Federation, legislative acts of domestic and foreign constitutional law, the practice of understanding the secular state and protecting freedom of conscience, protecting the autonomy of religious associations is studied. The author comes to the conclusion that the basis of the domestic constitutionalization of the secular state was not to limit religion and its influence on the state, but to protect the rights of believers from state interference and the imposition of atheistic ideology. Analysis of European practice shows that the main manifestation of secularism is freedom of conscience and freedom of worldview, and not the state status (or lack thereof) of a particular religious denomination. The difference between the Russian constitutionalization of freedom of religion from the practice of protecting freedom of religion under the ECHR is thrust to the sovereignty and the nationalization of the religious space in Russia, which is manifested in the mechanism of regulation of missionary activities of foreign religious organizations. The Russian Federation is on the path of forming a cooperative model of a secular state with close interaction (partnership) of the state with traditional Russian confessions.
CIVIL LAW AND PROCEDURE
40-49 373
Abstract
Digitalization of almost all human activity areas has affected such a strategic sector as healthcare. Modern medicine has a huge potential for improving the quality of healthcare at the global level. It became possible due to the fact that it is based on advanced technologies for collecting «Big data», machine learning and Artificial Intelligence (AI). Many of the «digital health» algorithms are being successfully used in consumer applications for smartphones. Nevertheless, newly emerging legal challenges in the area appear to be rather significant. Unfortunately, modern legislation is unable to take them all into account. Core issues are: torts (and liability in general), when using AI systems; privacy issues, when processing Big Data; intellectual property matters, trade secrets, etc. The purpose of this piece of research is to identify the main areas of AI and Big Data application in healthcare, as well as highlighting the most acute aspects of its legal regulation.
50-56 167
Abstract
The article analyzes the amended version of Article 168 of the Civil Code of the Russian Federation on the invalidity of bargains that are contrary to the law or other legal act. Following the proposals of developers of program documents for the reform of civil law, a rule was introduced in domestic law on the voidness of only that illegal bargain that encroaches on the public interests and the interests of third parties. At the same time, within the meaning of this legal norm, such a transaction is void only if its law does not imply its viability and the need to apply other consequences of the violation that are not related to the invalidity of the bargain. Based on an analysis of the provisions of civil law resulting from the reform of 2013 and 2015, “other consequences of the violation not related to the invalidity of the transaction” are investigated, and it is also concluded that the legislative decision to establish the possibility of following the contestability of such a bargain from the law cannot be evaluated positively taking into account the importance of the rules on the invalidity of bargains for the stability of civil turnover and the interests of participants in legal relations.
57-64 199
Abstract
The procedure for exercising the right to judicial protection in the event of a labor dispute is being investigated. The position of a number of scientists is noted about the lack of legal regulation of the consideration of labor disputes of the Civil Code of the Russian Federation. Proposals of supporters of the adoption of the Labor Procedure Code of the Russian Federation (TPK of the Russian Federation) are analyzed taking into account the peculiarities of labor disputes and their participants. There are arguments about harmonious regulation of the consideration of labor disputes by civil procedure law. It is justified that the introduction of the TPK of the Russian Federation, containing duplicate rules of the TPK of the Russian Federation and the TC of the Russian Federation, is impractical, including due to violation of the principle of procedural economy. At the same time, it is proposed to supplement the Civil Code of the Russian Federation with a chapter on the consideration of labor disputes and the norm on the institution of mandatory representation of workers. In addition, the article considers procedures for applying to the court for consideration of a labor dispute as forms of procedural actions aimed at initiating a civil case and including the procedure and time frame for such actions. These procedures are analyzed from the point of view of the forms of realization of the right. On the basis of an analysis of judicial practice, it is concluded that an extensive interpretation of the forms of proceedings is unacceptable in order to avoid a violation of the constitutional and international law right to judicial protection.
CRIMINAL LAW AND PROCEDURE, CRIMINOLOGY
65-73 620
Abstract
The author examines the psychological characteristics of the offender in cases of investigation of bribery in education, examines in depth the motives, the goals, the prerequisites for the achievements of bribery, allocates psycho bribes, as the study of personality is an important element of the criminalistic characteristics of the crime. The scientific article presents the psychological characteristics of the bribe taker’s personality. The factors that influence the Commission of a crime by a bribe recipient are identified: educational, corporate deformation, economic and personal factors. The motives and prerequisites for the Commission of a crime in relation to a bribe-taker-teacher and a bribe-taker-Manager are determined. The designated purpose of the crime, divided the psycho taker based on the systematic receipt of bribes and motivation of the offender: active-selfish type of taker and not selfish situational type bribe. The conducted research suggests that insufficient attention is paid to the psychological characteristics of the bribe recipient in cases of investigation of bribery in the field of education. The study of the criminal’s identity is necessary because the investigator can predict the possible behavior of the bribe taker before, during and after the crime, and this is also due to the fact that the circumstances that characterize the criminal’s identity are included in the subject of proof in a criminal case.
74-83 204
Abstract
The article substantiates the relevance of using the Internet when conducting a survey of persons who possibly involved in extremist activities or possessing relevant information to the disclosure of extremist crimes. Various theoretical approaches to understanding the survey as an operational-search measure are analyzed. The goals and objectives of this operational-search measure in countering extremism using the Internet are determined. Special attention is paid to the forms of user interaction on the Web, linguistic and behavioral characteristics that directly affect the effectiveness of the Internet survey. The psychological characteristics of persons involved in extremist activities in the context of Internet communication are analyzed. Suggestions have been formulated to improve the tactics of preparing for a contactless survey using programs and services for user interaction on the Internet when solving extremist crimes.
84-95 375
Abstract
The subject of the study is the norms of international and domestic legislation on state (municipal) procurements and on combating corruption, scientific research of various scientists on this topic, as well as information on corruption violations in the field of state (municipal) procurements, published by the mass media. The article considers the main signs of corruption in the sphere of state (municipal) procurement, describes the scope of its existence, subjects and goals that they pursue within such relations. Based on the results of content analysis, the author gives examples of typical corruption manifestations at various stages of state (municipal) procurement. In the work we used dialectic, systemic-structural, formal-logical and other methods of scientific knowledge. In the course of the study, the characteristic features of corruption in the field of state (municipal) procurement were identified and on their basis a definition of this phenomenon was formulated. A study of the characteristics of corruption in this area has led to the conclusion about the complex content of this phenomenon. Thus, the sphere of state (municipal) procurement has a wide range of subjects, contains a large number of corruption risks, expressed in various forms of corrupt behavior of participants in such relations. Corruption in the sphere of state (municipal) procurements leads to inefficient spending of budget funds (taxpayers' funds) and, as a result, harms other spheres of society supported by the state (municipal) budget (health care, education, functioning of state and municipal bodies, sports, housing and utilities and other).
ISSN 2542-0410 (Print)