Vol 17, No 1 (2021)
HISTORY OF STATE AND LAW
5-15 463
Abstract
The article examines the process of formation of the Soviet judicial personnel in Siberia in the 1920s - early 1930s. It analyzes the main acts in the field of the judicial system, considers the judicial organization in the territory of the Siberian Territory, the main requirements for judges. It is noted that the formation of the personnel of the court on the basis of party and class characteristics almost led to the paralysis of the judicial system in the region. Poor equipment of the courts, hard work in difficult Siberian conditions, low wages, party control and state interference in the administration of justice contributed to high staff turnover and poor quality of court decisions. The authors conclude that the Soviet state’s desire to ensure party and class dominance in the judicial system, including the court under strict control, led to the initial stage of the formation of the Soviet judicial system, the low professional training of the personnel of the court, the degradation of the entire justice system. The lack of proper material and technical equipment of the courts, combined with the highest professional workload, led to high staff turnover on the one hand, and low quality of court decisions on the other. However, energetic and persistent activity of workers of the Siberian ships helped to create in the region of the system of judicial institutions, thereby guaranteeing the Soviet state legitimacy on the basis of a new socialist legality.
16-24 416
Abstract
The article examines the genesis of the legal institutions of purchase and sale, sale and delivery in the Russian state in the context of historical conditions that influenced the formation and development of the triumvirate of the relevant contracts. The author of the article analyzes the objective prerequisites, significant changes in the social and economic life of the state, the complication of social relations, as a result of which all the considered agreements arose. The article identifies and investigates the political and legal processes associated with the further evolution of these institutions, as well as the factors that determined their content.
CONSTITUTIONAL LAW
25-31 327
Abstract
The study on anti-corruption expertise as a measure of corruption prevention touches on only certain aspects of this topic. In the section of the article devoted to the essence of the effectiveness of anti-corruption expertise, it is noted that the purpose of using anti-corruption expertise is to exclude from the legal space legal norms that create opportunities for corruption, but there is no audit of the effectiveness of the application of this particular norm of corruption prevention. In the second part of the article, trends are analyzed that contribute to an increase in the effectiveness of anti-corruption expertise, and here the author relies on the advantages of public anti-corruption control. The scientific novelty of the study lies in the fact that it substantiates the need for an audit of the effectiveness of anti-corruption expertise - calculating the predicted result of reducing manifestations of corruption, which will indicate the real action of the institution of anti-corruption expertise. It also points to the need to increase the level of legal awareness of citizens by involving a wide range of people in conducting anti-corruption expertise. The scientific result of the study was the proposal for the need to change the requirements for persons wishing to obtain state accreditation as an independent expert for conducting anti-corruption expertise.
32-38 588
Abstract
In the Russian Federation, the principle of the social state is enshrined at the constitutional level. Analysis of the points of view regarding the social state existing in domestic legal science gives grounds to assert that in the legal field it is associated with the formation of the second generation of human rights - social rights, their normative consolidation and the activities of the state to ensure their implementation. The absence among scientists of a unified approach to determining the essence, legal nature, and the possibility of judicial protection of social rights leads to an increase in the role of the Constitutional Court of the Russian Federation in ensuring and realizing social rights. The Constitutional Court of the Russian Federation uses as a basis the provisions on the principle of the social state in conjunction with such constitutional principles, such as equality, justice, protection of human dignity, certainty, humanism, the guarantee of the state of human and civil rights and freedoms. The article analyzes the examples of judicial practice of the constitutional Court of the Russian Federation on the protection of social rights of a person and citizen, as a result of the analysis of judicial acts some principles and features of implementation of constitutional justice in the field of protection of social rights are revealed, the conclusion is formulated on the exclusive role of the Constitutional Court of the Russian Federation in the mechanism of protecting social rights. An assessment of some constitutional amendments concerning the social sphere and powers of the Constitutional Court of the Russian Federation is given.
39-44 370
Abstract
The article examines the problems associated with the integration of legislation on countering extremism in the system of human rights protection in Russia. The process of formation of the modern paradigm of the development of anti-extremist legislation is investigated. The established restrictions on some constitutional rights and freedoms of man and citizen are due to the adoption of the necessary measures to counter extremist activities by the state. First of all, this concerns such freedoms as freedom of speech, association, religion, and the activities of the media. The activities of law enforcement agencies aimed at countering extremism, in a number of cases, go beyond the framework of constitutional norms, and itself turns into a source of human rights violations.
EUROPEAN LAW
45-55 522
Abstract
The article is devoted to the issue of the interaction of key institutions in the European Union in the process of adopting acts within the framework of the usual legislative procedure. The authors provide the analysis of the process of the ordinary legislative procedure on the basis of the norms of the primary and secondary law of the EU, as well as the decision making practice of the Parliament and the Council of the EU. It has been revealed that throughout the legislative procedure there is an active interaction of the Parliament, the Council and the EU Commission in order to develop and adopt the compromise text of an act. This interaction is most active in the form of informal trilateral consultations, the mechanism of which is not formally enshrined in the EU Constituent Treaties. A significant role in their implementation is assigned to the Commission, which in general, throughout the ordinary legislative procedure, acts as a kind of mediator in the interaction of the Parliament with the Council. In most cases the mechanism of tripartite consultations allows the adoption of a legislative act already in the first reading without the second and third readings. At the same time, the established practice of interinstitutional interaction within the framework of the usual legislative procedure increases the duration of consideration and adoption of draft acts.
56-64 242
Abstract
In the article a research of the environmental law means and methods that have a stimulating effect on the development of new technologies is considered. The experience of legal regulation at the level of the EU and Germany in terms of the impact of environmental legal norms and standards on the creation and dissemination of new technologies is considered. Indirect tools for stimulating the creation of environmentally efficient technologies are considered on the example of legal regulation of energy production from renewable sources. The elements of the environmental legal mechanism that contribute to the development and implementation of new technologies that can be used within the framework of the developed environmental and legal mechanism for innovative development (including fixing environmental targets for a long planned period in regulatory legal acts for a long planned period, high rates payments for negative impact on the environment, systematic implementation of the “polluter pays” principle, taking into account a wide range of environmental costs).
CIVIL AND BUSINESS LAW
65-72 306
Abstract
The article highlights a new type of investment agreements with the participation of the state, which was established by Federal Law of April 1, 2020 No. 69-FZ “On the Protection and Promotion of Capital Investments in the Russian Federation” and called as an agreement on the protection and promotion of capital investments. It is compared with other contractual forms provided for by the current Russian legislation, such as a public-private partnership agreement, a concession agreement, a special investment contract, a contract on the complex development of area, an agreement on the implementation of activity in a special economic zone, etc. It is argued to establish a single unified contractual type - a public-private investment contract that can cover many forms of interaction between the state and a private person under pursuing investment activity, taking into account the specifics in the legal capacity of the parties, subject and other terms of such a contract. It is also strongly recommended to systematize the present investment legislation of the Russian Federation for the purpose to streamline a lot of types of investment contracts, to eliminate unnecessary details and duplication, and to expand the freedom of contract in this area, leaving the parties free to clarify the terms of the public-private investment contract concluded between them.
73-81 284
Abstract
The article is devoted to the problems of minors' rights to enter into credit agreements and Bank Deposit agreements, as well as their solution in banking and judicial practice. The purpose of the study is to identify the maximum opportunities and limits for minors to exercise their subjective civil rights in the field of banking within the framework of their constitutional and civil legal capacity. A number of proposals are being made to improve civil and family legislation, as well as legislation on guardianship and guardianship. In particular, it is proposed amend parts 2 and 4 article 26 of the civil code, minors to provide entrepreneurs the right to independently make transactions related to business activities because of its state registration was made with the consent of their legal representatives. In part 4 of this article, it is proposed to indicate that the restriction of legal capacity also applies to the disposal of deposits in credit institutions made by minors in their own name. It is proposed to make additions to article 60 of the RF IC and art. 19 of the Federal law “on guardianship and guardianship”, specify the legal regime of the part of alimony that the payer has the right to transfer to an account opened in the name of a minor recipient of alimony, provide for circumstances in which the contribution can be issued in full or in part with the permission of the guardianship and guardianship authorities until the recipient of alimony reaches the age of majority.
LABOR LAW
82-88 382
Abstract
The article concludes that the category “dignity at workplace” should become crucial for the analysis of the legal status of workers and its implementation in the labor relationship. The preservation and implementation of dignity at workplace have objective features connected with the initially “hostile” environment to dignity and the specifics of its structure. The article concludes that there is a double meaning of dignity for the legal status of employees. On the one hand, dignity as an existential value forms the basis of the legal status, and the specificity of its structure (self-respect and respect by employer; employee autonomy; self-affirmation; self-realization) is a metaphysical justification of his rights and obligations. On the other hand, as a universal moral value, dignity is the ultimate goal of the implementation of the legal status, it is a criterion for assessing labor relations.
89-95 247
Abstract
The article deals with the concept and distinctive features of an employment contract, which resulted in separating such a contract from hiring and other civil contracts in the Republic of Kazakhstan (personal performance by an employee of work on a certain qualification, specialty, profession or position, compliance with the rules of internal labor regulations, etc.). The civil law contract of paid services generates a civil, rather than a labour relationship, and the person to render services under this civil law contract (contractor) has no rights and guarantees provided for by the Labour code of the Republic of Kazakhstan (annual leave with the average income, the payment of benefits for temporary disability, the inclusion of these activities in employment records, etc.).
ISSN 2542-0410 (Print)