THEORETICAL AND HISTORICAL LEGAL SCIENCES
The article discusses the public law nature, the role and significance of constitutional communication in the legal, political and information space, the epistemological, axiological and communicative foundations of mobilization constitutionalism, the formation of professional, expert and scientific foundations of constitutional forecasting and constitutional reform as public law phenomena. The author critically evaluates international scientific discussions and controversial aspects of constitutional communication in the public law space, reveals the latest examples from the practical experiences of constitutional reforms and constitutional changes in modern states. The article uses deliberative and epistemological approaches, methods of dialectical materialism, critical research in the field of law, formal-legal, concrete-historical, comparative constitutional-legal and complex analysis. As conclusions, the study reveals the specifics of the international trend of expanding the forms of citizens’ participation in constitutional changes, the distinctive features of the Russian model of mobilization constitutionalism.
The article is devoted to the analysis of the influence of traditional values developed by jurisprudence, as well as formed bioethical principles on the development and modernization of the national healthcare system, as well as biomedicine. The author analyzes the prospects for the impact of bioethical science on the institution of healthcare in the Russian Federation, the health of the nation, the positive and negative trends of the above impact on the public and private system of medical services.
This article will consider the procedure for giving a divorce in Muslim family law, the types of divorces, the author’s classification of divorces by type and category. A comparative legal analysis of divorce in Muslim family law and family law of other legal systems is given, such as pre-Islamic family law of the Arab tribes of the Arabian Peninsula, Jewish family law, canon law. The problem of husbands’ freedom of divorce in Muslim family law of the early Middle Ages will also be considered. The article will also pay attention to approaches to the procedure for determining the place of residence of children after a divorce and material and financial guarantees for women in the divorce process. In addition, the article shows the divorce prevention mechanism, which is expressed in the presence of an arbitration court.
PRIVATE LAW (CIVILISTIC) SCIENCES
In the article the main regulatory legal acts in the sphere of conducting innovative activities of scientific and educational organizations of higher education at various levels (federal, regional, municipal and local) as well as other sources of advisory nature are identified and analyzed. The basic concepts and categories used in the current legislation in the given field are researched. As a result, taking into account the recommendations of World Intellectual Property Organization, some proposals to improve the present innovation legislation of the Russian Federation as well as the main directions of work of scientific and educational organizations on the adoption of local regulations ensuring their conduct of innovation activities are defined.
The article examines groups of intellectual property objects, their characteristic features, methods of protection, in order to determine their legal essence and compliance with the current legislative regulation. The methodology of studying the problems of legal support of intellectual property objects is based on positivist (intellectual rights, their scope and content are determined by the state) and socio-anthropological (the results of intellectual activity are formed based on human needs, aimed at satisfying them) approaches. Various types of objects have been identified, based on the criteria of origin, commercial value for economic turnover, legal protection, such as: a) objects related to the substantive essence; b) objects with a priority value of the form; c) objects related to copyright; d) objects for the identification of a legal entity, goods, works or services of enterprises; e) the results of intellectual activity involved in economic turnover, separated by a secret from an indefinite circle of participants.
The article is devoted to the analysis of legal relations arising during the realization of the right to education, taking into account the variety of forms of interaction and the peculiarities of the legal status of their participants. Based on the results of the analysis of these legal relations, the author concludes that the predominance of private interests of the student in legal relations, which indicates that educational relations belong to the branch of civil law that requires regulation through civil law mechanisms. The author notes that part of the legal relations directly related to training has a civil nature and is implemented in the form of a contractual obligation to provide educational services (both for cases of paid training on the basis of a signed contract, and for cases of training at the expense of budget financing). Based on the conclusions about the legal nature of the relations under consideration, proposals are put forward to amend Chapter 39 of the Civil Code of the Russian Federation, allowing the rules of this chapter to apply to educational relations based on budget financing. The proposed changes are aimed at ensuring equal learning conditions and ways to protect the civil rights of students, regardless of the source of funding for training.
The present research deals with the procedural problems connected with the independent expertise, organized by the Financial services consumer rights ombudsman, the conclusion about the significant differences of this expertise from the judicial expertise, the conclusion that the expertise organized by the Financial services consumer rights ombudsman in the judicial process refers to the written evidence, and at the same time leads to an increased standard of justification for the appointment of judicial expertise. Within the framework of the article the author proposed measures aimed at detailed regulation of the process of independent expertise, organized by the ombudsman for the rights of consumers of financial services, which would increase the level of objectivity and protection of the rights of consumers of financial services.
CRIMINAL LAW SCIENCES
The article researches and analyzes the provisions of the 2015 Vietnam Penal Code on the age of criminal responsibility, the principles of criminal handling, the types of penalties that can be applied to people under 18 age (juveniles) committing a crime, from the perspective of a legal researcher, in order to provide readers with a multi-dimensional perspective on the criminal law policy of the State of Vietnam - a member of the United Nations Convention on the Rights of the Child 1989, against people under the age of 18 who commit crimes. The Vietnam’ Government has also signed with the Government of the Russian Federation an Agreement on mutual legal and judicial assistance in civil and family matters, family and criminal on August 25, 1998.
The article deals with the issues of typology of the personality of persons committing intercorporate theft in insurance. The author gives several corresponding types of robbers, within which the main typical features are presented. The typology is given taking into account law enforcement practice, the article contains typical examples. The conclusion is formulated that the considered forensically significant personality traits can be used as the basis for the forensic characteristics of intercorporate theft in insurance and their investigation.
This article is devoted to the analysis of the existing definitions of extradition of criminals (extradition) by representatives of the Russian legal doctrine. It is emphasized that the dominant position at present is the approach of the inter-sectoral nature of this institution. Meanwhile, it is noted that the national legal regulation of extradition acts as a fundamental and dominant element in the system of legal regulation of extradition. The article also consistently and reasonably puts forward the thesis that criminal procedure law is the primary basis for the institution of extradition.