CONSTITUTIONAL AND ADMINISTRATIVE LAW
The phenomenon of constitutional-conflict diagnostic is researched in this article as a methodology for studying constitutional conflicts in the section of the constitutional law science. The author offers a definition of constitutionalconflict diagnostic, identifies its goals and objectives, and also draws conclusions about the content, functions and system of constitutional-conflict diagnostic. The article proposes the definition of constitutional-conflict diagnostic as a system of consistently applied scientific methods, legal principles and presumptions, aimed at obtaining information about the constitutional conflict and the constitutional methods of its prevention and resolution.
The article analyzes the problems of holding public events. The authors draw attention to the need to transform legislation on the exercise of the right to assemble peacefully without weapons, to establish criteria for a mass event and to define an open list of public events, so that demonstrations in new and emerging forms are possible within the framework of current legislation and achieve the goal of ensuring the rights of citizens, as well as ensuring public order and public safety. In addition, the article raises the question of the inadmissibility of unjustified restrictions on the constitutional right to express one’s opinion.
The article discusses the concept and content of the right of legislative initiative of local self-government bodies in the legislative (representative) body of State power of the constituent entity of the Russian Federation, as well as the peculiarities of the exercise of this right by representative bodies of municipalities in Novosibirsk oblast. It has been concluded that the municipal representative body has both the general right of legislative initiative, which gives it the legal capacity to exercise this right in any manner prescribed by law, and the exclusive right, allowing municipalities to participate actively in improving the administrative and territorial organization of Novosibirsk Oblast. However, as the most numerous subject of the right in question, they do not make sufficient use of this instrument of influence on the socio-economic processes taking place in the region.
МЕЖДУНАРОДНОЕ ПРАВО
The article is devoted to the problems of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective. The creation of a single legal space of the CIS member states contributes to the effective functioning of the common labor market, the structure of which will be determined by the harmonized, and in many parts unified national legislation of the CIS member states. The problem of harmonization of legal regulation in the field of employment of the population is considered in the context of solving a broader task: creating a single legal space of the common labor market of the CIS member states. The article analyzes the principles, levels, mechanism, stages of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective.
The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.
ГРАЖДАНСКОЕ И ПРИРОДОРЕСУРСНОЕ ПРАВО
The article considers the legal structure of vindication of real estate developed in Russian science and practice. Protection of the rights of the owner of real estate who has lost possession and is not registered in the Unified State Register of Real Estate (EGRN) is carried out by filing two lawsuits in court: for recognition of the right of ownership and vindication. Due to the peculiarities of the statute of limitations, in Russian practice, the priority of actual ownership of real estate over the records of ownership in the Unified State Register of Legal Entities is established. The need to combine the two claims is caused by their possible competition in connection with the application to each claim of its own rules on the validity of the statute of limitations. The refusal to extend the limitation period to the vindication claim for the return of ownership should lead to the establishment of only one claim within the framework of the method of protecting the violated rights of the owner to real estate – vindication. An independent claim for recognition of the right in this situation seems redundant. Its necessity is caused by an attempt to apply the German model of protection of the violated rights of the owner of real estate, where the impossibility of vindication is due to the high level of public reliability of entries in the register. In modern Russia, the position of complete denial of vindication of real estate is not supported by the consistent implementation of the principle of irrevocability of rights registered in state registers. At the same time, the construction of a claim for the protection of the rights of the owner of real estate allows us to take the first step towards the development of a vindication model for the protection of any absolute right, the elements of which are the requirement to recognize the right and the requirement to restore the legitimation of the right holder.
The article examines the institution of the transfer of subsoil use rights provided per license. Characteristics of basis and terms of such transfer are given. The terms for the transfer of rights are analyzed for their sufficiency to ensure effective and rational use of subsoil. The author provides an overview of judicial practice on invalidation of license renewal acts, application of restitution rule in case of transaction’s invalidity, compliance with the terms for the transfer. It is concluded that the current legal mechanism for the subsoil rights transfer has a number of defects. There is no clarity on applicability of civil law in case of transaction invalidity. The law provides neither criteria for the compliance with the transfer terms, nor a mechanism for checking their observance. There is no uniformity in establishing transition terms for different basis.
The article considers the legal characteristics of the hunting agreement. The author emphasized the legal features of the hunting agreement by the analysis of the doctrine and norms of natural resource legislation: it is the object of complex regulation of various branches of law; this agreement has a special subject – measures for the conservation of hunting resources and their habitat and the creation of hunting infrastructure; the specifics of determining the terms of the hunting agreement and the procedure for its conclusion are established by mandatory norms; this agreement has a special subject composition; a hunting agreement is an investment agreement due to the presence of special qualifying features (an investment, an object of investment activity, a transaction for investing in an object of investment activity).
CRIMINAL LAW AND CRIMINALISTICS
The article examines the ideological foundations of modern criminal legislation, in the aspect of crime and criminal punishability of socially dangerous acts. The author examines the influence of conservative and liberal approaches on the formation of the criminal law, its consistency, as well as the content of individual institutions and provisions. The degree and quality of such an impact of the liberal approach on the essential properties and substantive aspects of criminal legislation is thoroughly studied. In this regard, the author gives illustrative examples of negative manifestations of liberal views, argues argumentatively about the need to reflect the conservative value approach in the current criminal law. Similarly, the question of the manifestations of the liberal idea in the aspect of the formation of the penalization component of the Criminal Code is considered. It is argued that the rejection of the punitive concept of punishment led to the desystematization of the list of criminal penalties.
The proposed article considers the possibilities of various types of expert research on criminal cases of fraud in the field of automobile insurance (CTP, CASCO). On the example of illustrative cases from the published judicial practice in criminal cases, the features of the appointment of certain types of forensic examinations, their research potential are demonstrated. Clearly shows the wide the possibility of applying special knowledge to improve the effectiveness of detecting and investigating insurance fraud committed by staging and falsifying the circumstances of road accidents. The prospects for the use of atypical forensic examinations in criminal cases of relevant crimes are shown. The article is recommended not only to employees of investigative departments of law enforcement agencies, judges and experts, but also to a wide range of readers interested in countering fraud and other crimes committed in the insurance industry.
The article examines the essence of versioned thinking of the subjects of detecting and investigating crimes. The author cites – with his comments – a number of definitions of the not yet established concept of “forensic thinking”. At the same time, it turns out that the essence of this concept is becoming more and more blurred and more and more abstract. The author claims, it is argued that there is no special forensic thinking, since the basis of any thinking is knowledge from different branches of science, however, we can talk about a versioned style of information analysis. Developing this style of thinking is a learning task. This is the answer to the question “what to teach?” (content of training). Another question is “how to teach?” Here are the features of didactics (goals, principles and teaching methods). According to the author, the term “forensic activity” is not correct. Due to the fact that criminalistic means are used in some – lawyer, prosecutor’s, judicial (and even criminal) – activity, it does not become forensic. The article reveals some of the pedagogical features of the formation of a dynamic stereotype of versioned thinking in practical lessons in forensic science by the type of conditional-probabilistic syllogism.
The article is devoted to problematic issues that arise in the practical activities of law enforcement agencies in terms of determining the cost of calculating a large amount of alcohol turnover, which significantly affects the qualification of a criminal act under Art. 171.3 of the Criminal Code of the Russian Federation. The emphasis is placed on the absence in law enforcement forensic practice of a single mechanism for determining the cost of a large size and the need to develop a single calculation algorithm for determining a large size taking into account criminal and criminal procedure legislation indicating the intent of a person to sell alcohol products in order to generate income. It was proposed to add to the current criminal legislation, which defines a common understanding of large-scale calculation.