THEORETICAL AND HISTORICAL SCIENCES
The article uses examples from legislative practice to show that in a number of branches of Russian legislation (civil, tax, administrative-tort, etc.) decodification processes of varying degrees of intensity occur. Their manifestation is the numerous cases of the adoption of federal laws that undermine the leading, systematizing role of codes in the system of legal regulation. It is noted that in different branches of federal legislation, different forms of decodification have developed (the adoption of laws that do not comply with the codes; restriction of the operation of codes by ordinary laws; the establishment of one-time exceptions from the general codified regulatory regime; unreasonably numerous exceptions from the requirements of the general part of the code; violation of the regulatory boundary between the code and law on the introduction of the code; deviation from the principle of complete codification, etc.). Considering that decodification not only has a destructive impact on the integrity of the legislative system, but also undermines confidence in the actions of the state, it was concluded that it is necessary to develop measures to increase the stability of the code part of the legislation of the Russian Federation.
The article reveals the historical and legal prerequisites for the formation of legality as one of the leading vectors of the legal policy of the first Romanovs. Based on a comparison of sources of knowledge of the law of the Time of Troubles, reflecting the political and legal realities of a number of electoral councils, the author comes to the conclusion about the weakness of the democratic tendency of the “zemstvo principle”, whose representatives initially focused on the traditional idea of the special status of the monarch and the priority of nominal decrees in all areas of legal regulation.
The article examines the issues of the development of domestic criminal legislation in the early years of the establishment of Soviet power to combat one of the most dangerous threats to public security of the country – professional crime. In the course of a comparative legal study of the most important normative legal acts regulating criminal law relations, the main means of bringing professional criminals to criminal responsibility have been identified. It is determined that in the Soviet criminal legislation there was a «special» article for «professionals», which toughens the punishment for committing a crime not just by a criminal, but by real professional criminals. However, within the framework of the established legal system and the practice of bringing to justice for the systematic nature of criminal activity that developed back in the pre-revolutionary period, this innovation did not «catch on». The concept of «professional criminal» was removed from the law, and the repetition of criminal activity began to be determined by the legislator using other concepts familiar to domestic criminal legislation, such as recidivism, fishing, repetition, systematic, etc. However, these institutions of criminal law did not fully allow the detection of professional crime among other types of crime, as a result of which legal measures to counter this type of crime in practice demonstrated insufficient effectiveness of implementation.
PRIVATE LAW (CIVILISTIC) SCIENCES
Two ways of applying price formation as a means of legal regulation of the heat supply sector are analyzed. They are free pricing in price zones with the restriction of the maximum price of the final product – thermal energy being sold to consumers, and the traditional government regulation of prices in other territories. It is concluded that the previous legal mechanism of government price setting ensured the sufficient degree of interests of entities of the heat supply sector. The newly introduced opposite approach to pricing in its liberalization substantially infringes the balance of private and public interests throughout the exclusion of the government tariff regulation of subjects of monopolistic activity.
The article examines the issue of the relationship between parents and children, taking into account the legal status of the latter, namely: how the legal relationship between parents and children is transformed as they grow up and reach adulthood. The traditional understanding of child-parent relations is considered as one of the stages of the relationship between parents and children, but not ending with the coming of age of children, since kinship is an indefinite factor affecting all subsequent relationships that arise between them. The article provides a small historical and legal analysis of the relationship between parents and children, confirming the author’s conclusions about the dynamics of the development of these relations under the influence of social, economic, and cultural processes taking place in society.
The subject of the article is “parental alienation” in the context of legal regulation. The relevant legislative experience of Brazil is examined. An analysis of Russian judicial practice shows serious shortcomings in the use of psychological examination in disputes between parents.
Influence on a child for the purpose of alienation from one of the parents by the other is mental violence, which should entail the application of measures of responsibility and protection of the child provided for by family law, and be taken into account when determining the child’s place of residence and the procedure for communication with the separated parent.
The legislatively established means for solving the problem of parental alienation are quite sufficient, but it is necessary to significantly adjust the law enforcement in disputes about children, through appropriate clarifications of the Supreme Court of the Russian Federation.
CRIMINAL LAW SCIENCES
The article examines the normative and doctrinal content of threat as a criminal legal category. The provisions of the criminal legislation of the Russian Federation are analyzed, where the threat is mentioned as a constitutive or qualifying feature. In the doctrinal aspect, the authors’ attention is focused on the issue of the relationship between the category of threat and related criminal law concepts of «coercion», «compulsion» and «mental violence». Based on the results, the conceptual approach of information impact is substantiated for further study of the criminal law category «threat».
The work examines raiding as a criminal act. It is assessed that raiding currently has a significant criminal component. The absence in the current Criminal Code of the Russian Federation of an article providing for differentiated sanctions for such a type of crime as raider seizure gives rise to certain problems in classifying this crime. The article identifies these problems and suggests ways to solve these problems. Also, problems arising at the stage of investigation of crimes related to raider takeovers are identified. The necessity of introducing a separate article into the Criminal Code of the Russian Federation providing punishment for this criminal act is substantiated. Having examined the state of legislation, the author considers it possible to distinguish raiding as a separate criminal offense, creating a separate article of the Criminal Code of the Russian Federation “Raider seizure”, defining it as an unlawful seizure of a business or an encroachment on entrepreneurial activity.
This article presents a criminological view of the crime series «The Word of a Kid. Blood on the asphalt». This series demonstrates the romanticization of criminal life and the prospects available in it. The main plot of the film is the decomposition of the state and society, as well as individual citizens with high material wealth, resulting from spiritual degradation. The series is particularly dangerous for young people who are in a state of youthful maximalism, who can romanticize gang activity, and subsequently embark on a criminal path. It seems that the series is a kind of analogue of the propaganda of Western culture, which has an ideology of nihilism, permissiveness, which leads to the spiritual degradation of the individual.