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Juridical science and practice

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Vol 19, No 1 (2023)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

5-15 466
Abstract

The article analyzes the influence of the decree right on the process of transforming the political institutions of modern Russia, considers the practice of the functioning of the Russian presidency in terms of determining the priority directions for the development of the state, national goals and modernization of the constitutional space of Russia. The study raises the problem of the correlation of this practice with the doctrines of liberal republicanism and the separation of powers. The author made an attempt to show that the phenomenon of decree law has a progressive significance for the constitutional development of Russia and can be aimed at expanding the use of forms of deliberative democracy in domestic constitutionalism. It is concluded that it is necessary to improve the control over the implementation of the program and political acts of the head of state by the presidential administration and the introduction of guarantees for the participation of the legal scientific community in the process of discussing constitutional amendments.

16-24 274
Abstract

The article considers an analysis of the practice of refusing to register candidates for recognition of their involvement in the activities of organizations recognized as extremist. Attention is drawn to the fact that in many cases, not only official documents, but also materials from social networks were recognized as evidence of involvement. Great importance is given to the justification of the constitutionality of the investigated grounds for refusal of registration, which was reflected in the decisions of the Constitutional Court of the Russian Federation, to the disclosure of the concept of «involvement in the activities of an extremist public association». The author proposes in the future to more clearly formulate possible ties with an organization whose activities were recognized as extremist, the establishment of which may be the basis for denial of registration as a candidate.

25-31 236
Abstract

The article covers the formation and the most important stages of Rospotrebnadzor development. The period under consideration makes up 100 years: from 1922 till present days, during which the search for the most effective and optimal forms of the service activity organization was carried out. The article also analyzes the legal provision of sanitary-epidemiological service both in the process of formation and in the period of its reforming. As it is mentioned in the article, the State sanitary-and-epidemiologic supervision activity as a measure aimed at preventing and liquidating foci of infectious diseases, as well as improving sanitary condition in the country is considered to exist since the Decree of the Soviet of National Commissars of the RSFSR of September 15, 1922, “On sanitary bodies of the Republic” was issued. The pre-war period of the state work in the direction of sanitary provision of the country is characterized by the active construction of the system of centralized SES. After the Great Patriotic War the health care reform was carried out. Up to the collapse of the Soviet Union the specialists were creating vaccines against dangerous infectious diseases and developing the efficient rules of their control. The experience of Soviet medics is widely used today; in particular, it was Russian scientists who were the first in the world to create a vaccine against a new coronavirus infection. To combat the spread of COVID-19, a high-preparedness regime was developed and introduced, the results of which should be reflected in the Russian legal system in the future.

PRIVATE LAW (CIVILISTIC) SCIENCES

32-38 293
Abstract

The article highlights the main civil law means and their role in the mechanism of legal regulation of investment relations. It is argued that the leading role is played by a civil law obligation to invest, which usually arises as a result of the conclusion of an investment contract. Other legal means are designed to ensure the proper emergence and development of such an obligation. It is concluded that the current investment legislation of the Russian Federation consisting of numerous special federal laws should be systematized throughout the unification of their general provisions in one legislative act and filling it with the new content aimed at the development of civil law provisions on investors’ guarantees for the implementation of investment activities.

39-45 288
Abstract

This study is devoted to the consideration of certain aspects of the protection of copyrights on the Internet. Digital technologies make it possible to use any work without concluding an agreement on the transfer of the exclusive copyrights. The article notes that free use of works is a violation of personal non-property rights of authors’ science, literature and art works. Russian legal problems of intellectual property on the Internet related to the impossibility of identifying some person as the author of the work and the absence of legal mechanism for free use of works. The scientific novelty of this study lies in substantiation of possibility of using a digital work without the consent of author, but after a certain period of time. The scientific result of the study serves the proposal to introduce the procedure for fixing copyright materials on the Internet into current legislation using for obtaining some special access code to original work, in order to serve as the effective mechanism for protecting copyright.

46-51 281
Abstract

The article gives a legal analysis of the current state of the system of compulsory medical insurance in Russia, gives a comparative legal aspect of the CHI systems in Russia and some European countries. A proposal has been formulated on the advisability of providing an opportunity for working citizens to realize their right to choose participation in the CHI system by voluntarily refusing to participate in this system and resolving the issue of paying for medical care and treatment through the voluntary medical insurance system. It is proposed to change the legal status of persons who have no earnings (income) for disrespectful reasons and be insured in the CHI system only in terms of emergency (first aid).

CRIMINAL LAW SCIENCES

52-60 275
Abstract

The article considers provisions of the criminal legislation of the Russian Federation on responsibility for petty theft (Criminal Code, art. 158.1). The article examines the issue of the stated goals, the actual results of the normative implementation of this initiative. The article clearly demonstrates the trends of law enforcement practice, the state of convictions of the perpetrators of these crimes. The article draws a conclusion on the assessment of the preventive impact of the criminal law rule on petty theft.

61-67 306
Abstract

The article considers the main stages in the development of the system of verification proceedings in the criminal process of Russia from 1864 to the present. For each historical stage, the most significant features are formulated that characterize the instance connection and the main features of verification proceedings. In conclusion, proposals are made for further improvement of the system of modern Russian verification proceedings, based on the trends in the development of criminal procedural legislation.

68-75 560
Abstract

The article provides an overview of the forensic methods developed to date for investigating theft, including various types of fraud committed using computer technology. The author analyzed the content of these methods in relation to the subject of the methodology for investigating theft using information and telecommunication technologies. The possibilities of using the developed forensic provisions in the context of the private forensic methodology formed by the author are determined.



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ISSN 2542-0410 (Print)