THEORY AND HISTORY OF LAW ENFORCEMENT
The subject. Modern law enforcement is considered in harmony with the spiritual and moral foundations of legal culture through the use of ideas and approaches of Roman law.
The purpose. An attempt has been made to assess the influence of Roman Law on Russian constitutionalism and modern law enforcement on the basis of the spiritual and moral traditions of Russian legal culture.
The methodology. Methods of dialectical logic, analysis and synthesis, comparative-historical, formal-legal methods were used. The main method is comparison of foundations of Roman law with the basic principles of Russian constitutionalism.
The main results and scope of their application. The problem of influence of Roman law on Russian constitutionalism and, in general, on the basis of modern Russian law enforcement is raised. If universalism and individualism should be believed as the foundations of classical Roman law, then the basis of Russian law is community and social solidarity. In Russia collective property and joint work as well as ancestral structure in the form of a rural community reached the modern times, while in ancient Rome their disappearance was the basis of the formation of Roman law. National peculiarities of the Russian legal and political systems are determined by cultural-historical (civilizational) circumstances, especially by the natural and climatic factors. It was in the communal world of Russia that the idea of Christian equality has formed the basis of the model of life, while in Western Europe the community has followed the path of individualization of the individual and differentiation of elites and masses according to the criteria of social success. The absolute belief in law as a phenomenon of social planning and a tool for compromise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but it did not take root in Russian legal culture. Modern Russian constitutionalism, while poorly considering the Roman-Byzantine origins of national Russian law, is wrong in its denial of the national-cultural and historical adaptation of European legal institutions and principles.
Conclusions. One of the important results of the study is the conclusion that the social value of Roman law in Russian Constitutionalism includes the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. The value depravity of the current Constitution of the Russian Federation can be eliminated, its defects can and should be corrected on the basis of the Roman law tradition, but this should be done only by adequately assessing the own experience of law enforcement, the thousand-year state- legal and spiritual development of the Russian civilization.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The subject. The article is devoted to the analysis of the draft political and constitutional reform that was announced in the last Presidential Address to the Federal Assembly at January 15, 2020.
The purpose of the article is to try to predict the positive and negative consequences of changing the legal status of the highest Russian authorities.
The methodology of the study includes analysis and interpretation of Presidential Addresses to the Federal Assembly and Russian Constitution as well as dialectical approach and methods of political science.
The main results and scope of their application. For a long time there was a clear request for changes in the government, and various expert platforms discussed issues related to changing the Constitution of the Russian Federation, which was adopted at a national referendum in December 1993.
On January 15, 2020, Vladimir Putin addressed his 16th message to the Parliament. In accordance with the Constitution, the President of Russia annually addresses the Federal Assembly with a message on the situation in the country and on the main directions of domestic and foreign policy. The last address turned out to be a landmark and historical one, as it announced the main provisions of the upcoming large-scale political and constitutional reform in Russia. Heads of constituent entities, members of the State Duma and the Federation Council, Prime Minister and Deputy Prime Ministers, Federal Ministers, heads of Federal bodies, judges will no longer be able to have foreign citizenship or a foreign residence permit. He proposed even more stringent requirements for a candidate for the post of Pres-ident: no foreign citizenship or residence permit even in the past, as well as permanent residence in Russia for at least 25 years. The position of the State Council is being strength-ened and it is reflected in the Constitution of the Russian Federation as an institution of power in the country. The position of the Federal Assembly is strengthened by the fact that the Parliament is given the right to approve the candidacy of the Prime Minister, as well as all Deputy Prime Ministers and Federal Ministers. The status of local self-government and the role of governors in the regions is being raised.
The main reason for the reform is the desire to reduce the powers of the President and transfer part of them to the Parliament, so that the next President is no longer endowed with virtually absolute power, and, in turn, can not initiate another reform without the ap-proval of all branches of government.
The author of the article identifies the reasons for the political reform and gives forecasts for the future after its implementation.
Conclusions. The author links these changes to the upcoming transfer of presidential power after 2024. The reform does not mean the transition of the Russian Federation to a parliamentary republic, since the head of state retains the status of a key figure in the political system, and it is he who has concentrated key functions. Fixing a number of social obligations in the Constitution in terms of salaries and pensions will not have a significant impact on the socio-economic situation.
The subject of the research is the legal norms of the current Constitution of the Russian Federation. The work analyzes the chapters of Constitution, identifies the main shortcomings of the existing norms that do not correspond to modern reality and puts forward proposals for their change.
The purpose of the study is to confirm or disprove the hypothesis that changes to the Constitution of the Russian Federation are inevitable due to the presence of defects in it that cannot be eliminated in any other way.
The methodological basis of the research is a set of general scientific methods of knowledge and special scientific techniques and methods developed in law, including: logical method, comparative legal analysis, system method and formal legal analysis.
The main results and scope of their application. The problems that critically affect the stable development of our society and state and its success were formulated. Among these problems are: the absence in the Constitution of the institute of parliamentary control over the executive authorities; the rise of the institution of the President of the Russian Federation over the three branches of government; the unequal status of constituent entities of the Russian Federation; the absence in the Constitution of the concepts "public property" or "national heritage". A significant part of these problems is related to the text of the current Constitution of the Russian Federation. In this regard, the author notes that the current Constitution of the Russian Federation has many defects. The author points out 20 drawbacks of the current Constitution of Russia which make the authorities imitate the principles of democracy and people's power in the actual political practice and substantiates the conclusion on the necessity of the constitutional reform.
Conclusions. Revision of the Constitution of the Russian Federation is inevitable , since the Basic Law of the country is not devoid of shortcomings that require correction and legislative changes.The subject. The article is devoted to different measures of constitutional legal enforcement in the constitutional law of Brazil, their analyzing, depending on main goal of coercion.
The purpose of the paper is to extend constitutional knowledge about measures of constitutional legal enforcement and to demonstrate generic character of constitutional legal enforcement theory for different countries.
The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods.
The main results and scope of their application. The author describes different measures of constitutional legal enforcement in the constitutional law of Brazil. Constitutions of foreign countries contain various measures of constitutional coercion as the main way to resolve constitutional conflicts.
Among the measures of constitutional and legal coercion enshrined in the Brazilian Constitution are: holding the President accountable for abuse of power; temporary termination of the powers of the President of the Republic during the process of bringing him to justice; prohibition of the President and Vice-President of the Republic to leave the territory of the country for a certain period without the approval of the Parliament; recognition by the National Congress of the positions of the President and Vice-President as vacant if they fail to exercise their constitutional powers within 10 days of taking office;holding new elections when the positions of the President and Vice-President are declared vacant if they fail to exercise their constitutional powers within 10 days from the date of taking office.
Conclusions. Depending on the constitutional system, the history of the state, measures of constitutional coercion may be different in content, but it remains possible to classify such measures depending on the main purpose of their application. The system of measures of constitutional legal enforcement, including measures of prevention, suppression, restoration, responsibility and security is applicable not only for the Russian constitutional law, but also for constitutional law of foreign countries, in particular, Brazil.The subject. Detection of the essence of electoral process, the election campaign and their influence on the temporal component of the electoral process is the subject of this publication.
The purpose of the article is to confirm or disprove hypothesis that the concept of "election campaign" should include activities for the preparation and conduct of elections, carried out in the period from the date of the decision on the appointment of elections to the day of official publication (publication) of the decision on the results of elections
The methodology. General scientific methods were used when considering and analyzing the concepts of the electoral process, election companies, and stages of the electoral process. Normative-logical and comparative-legal methods were used in the process of analyzing the electoral legislation.
The main results and scope of their application. The definition of the electoral process is considered by scientists not only as a system of relations, but also as a phenomenon, as an institution, as a form of implementation of constitutional principles, as a legal technology, as a technological infrastructure. Almost all authors, detecting the essence of the electoral process, cannot avoid the temporal aspect of this phenomenon. Political scientists and sociologists understand an election (election) campaign as a system of various campaigning events, with the help of which political parties and individual candidates seek the support of voters in elections. The election campaign in the broad sense is the period of time during which citizens have the opportunity to exercise most of their electoral rights. It is essential not only to legislate consolidation of the definition of “election campaign”, but also to define its temporal component, adequate to the goals and objectives of the implementation of the constitutional right to elect and to be elected.
The current law defines the election campaign as activities for the preparation and conduct of elections from the date of publication of the announcement of elections until the day the election commission submits the election report.
The start of the election campaign is given by the publication of the announcement of the election, but not the adoption of this decision. The campaign ends not with the determination of the winner, but after the election commission submits a report on budget spending, i. e. 3 months after the actual completion of the election. This duration of the campaign does not correspond to the objectives of the election and artificially lengthens the election campaign.
The time limits of an election campaign are closely related to the stages of the electoral process, i.e., a set of electoral actions and procedures that are separate in time, aimed at forming a government body and electing an official. The author refers to the mandatory stages of the electoral process as determining the voting day and publishing the decision to call elections; nominating and registering candidates (lists of candidates); election campaigning; voting, determining the results of voting, determining the results of elections and publishing them. Deadlines mark the boundaries of the stages of the electoral process, affecting its institutional, subject and technological components.
Conclusions. Nowadays, it is necessary to reduce the legislatively fixed period of the election campaign and, as a result, clarify the definition of “election campaign”, which is preferably defined as activities for the preparation and conduct of elections, carried out from the date of the decision of the authority or official on the election to be held until the day official publication of the decision of the election commission on the election results.The subject. The article is about the peculiarities of referendum and popular initiative which are the main forms and institutions of direct democracy in Switzerland.
The purpose of the article is to determine the peculiarities of direct democracy in Switzerland and characterize its main forms: referendum and popular initiative. In order to achieve the objective the following tasks can be defined: 1) to find the origins and identify the variations of forms of direct democracy in Switzerland; 2) to trace the evolution of enshrining on the statutory level of such institutions of direct democracy in Switzerland as referendum and legislative initiative from the time of their conceiving till the enactment of the actual Constitution; 3) where relevant, to perform a brief comparative analysis of the forms of direct democracy in Switzerland and similar institutions shaped in other countries; 4) to define the role and meaning of referendum and legislative initiative in history as well as in the modern stage of the development of the Swiss State.
The methodology of the study includes the use of general scientific methods (description, deduction, induction, analysis and synthesis) together with formal juridical and comparative juridical approach. In addition, throughout the article and, in particular, while working with sources of law, historical approach and systematic approach were practiced.
The main results and scope of their application. The article presents the analysis of such forms of direct democracy in Switzerland as referendum and popular initiative, characterizing each form. The principle of democracy expressed by the practice of referendum and legislative initiative is present in its entirety. No country in the world has come as close to applying direct democracy to national political issues as Switzerland. Since the mid-nineteenth century, when the country's first Federal Constitution was adopted, Switzerland has managed to hold more referendums than all other countries combined in the same time frame.
Conclusions. Referendum enables Swiss citizens to dismiss the measures taken by their representatives and the initiative gives the citizens possibility to put laws into practice independently from the legislative powers. Swiss experience vividly demonstrates that used sensibly and taking into consideration national legislative traditions such forms of consulting with the people can be quite promising and efficient for other European countries.The subject. Constitutional principles as phenomenon that attracts increasing attention of researchers in the development of post-soviet national legal systems.
The purpose of the paper. The purpose of this study is to reveal the relationship between constitutional principles and law enforcement.
The methodology of the study. The author of the study used general scientific methods of cognition: analysis, synthesis, abstraction, as well as applied practical methods such as statistical and case-method. The research is also based on the regulatory legal acts and judicial practice, as well as on the opinions of representatives of legal science in the analyzing sphere.
The main results and scope of their application. There are several reasons for scientific attention to constitutional principles. On the one hand this is connected with the increasing interest in natural law, forms of its manifestation, in the crisis conditions of the development of modern States and societies. On the other hand, on the territory of the post-Soviet states, the sphere of law enforcement is at the stage of its reform, as are the national legal systems themselves. In this regard, the search for effective methods of improving legal institutions and law enforcement relations becomes urgent. This method, according to the author, could be natural law in such a form of its manifestation as constitutional and legal principle.
Constitutional principles as fundamental principles (ideas, requirements) fixed in the norms of law or followed from them. They reflect the essence of law and determine the content and procedure for the implementation of legal regulations in socially significant situations, determine the law enforcement sphere of the state. Judicial law enforcement is a complex process. As a result of their functioning a legal prescription as a model of behavior through the activities of a special subject - the court is embodied in real social relations.
Conclusions. The constitutional principles at various levels, from ideas to specific regulations, relating to state and society in general and specific to their individual institutions, serve as the basis of law enforcement. They determine judicial activities, the subjects of law enforcement, procedure, jurisdiction, establish its boundaries and a measure of its quality.
The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations.
The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation.
Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction.
The main results and scope of their application. The influence of civil law on tax law is carried out at the level of law-making and law enforcement. We study the law enforcement paradigms that are relevant for law enforcement activities. The current tasks of tax law-making are emphasized. Establishing the influence of tax law institutions on civil law allows us to improve some civil law institutions, create a comprehensive theory of the relationship of these legal phenomena, see trends in their development and, of course, outline ways to develop tax legislation in the aspect of tax law autonomy. The legislator should strive for maximum unification of legal terminology in tax and civil legislation so that subjects of legal relations feel legally comfortable and easily construct civil transactions based on the predicted tax consequences. Subjects of civil legal relations, before entering into certain civil transactions, should already plan their tax consequences in advance focusing not only on civil legislation, but also on tax legislation, in particular, on the classification of transactions as investment or non- investment.
Conclusions. The impact of tax law on civil law is multidimensional. At least, we can talk about the impact on the levels of law-making, law enforcement, and the use of civil law institutions. When qualifying civil legal relations with tax elements, the analysis of tax legislation in comparison with civil legislation has priority.The subject of the research is the concept and content of financial uncertainty as a new institution of financial law and, at the same time, a new phenomenon of financial and legal science.
The purpose of the article is to determine the essence of financial uncertainty, to analyze the features and practical significance and identify factors that affect the occurrence of financial uncertainty.
The methodology of the study includes methods of dialectical logic, analysis and synthesis, as well as formal legal analysis of legal acts.
The main results and scope of their application. The financial uncertainty is a new institution of financial law and, at the same time, a new phenomenon of financial and legal science. Although the elements of financial uncertainty as the economic phenomenon are not new and are known to the practice of financial legal relations and the norms of financial legislation.
Since the system of financial law is multi-spectral, especially in modern economic conditions, the institution of financial uncertainty, like many other institutions of financial law, is multifaceted and has its own characteristics in the framework of tax law, budget law, institutions of financial and legal regulation of banking and insurance, as well as other. For the general part of financial law, it is necessary to determine the definition of the concept of "financial uncertainty", its signs and elements. It is important to distinguish between the content of the institution of financial uncertainty in the legal regulation of fiscal interests of the state, as well as the interests of the state in public law regulation of finance of the private sector of the economy. In addition, to understand the problems of the institution of financial uncertainty in the subject of financial law, it is important to distinguish between financial and monetary relations. In all cases, the key, initial condition for scientific discourse is the risky nature of financial planning and forecasting. It is the principle of planning as one of the important principles of financial law that must be studied in the development of the desired institution.
Conclusions. Financial uncertainty as a legal institution is complex because uncertainty and risks permeate the entire sphere of public financial activity: fiscal, parafiscal, monetary (including payment). In this regard, it can be argued that aspects of financial uncertainty relate, in fact, to each link of the financial, credit, monetary, and payment systems, and, accordingly, to each institution of a special part of financial law.THE LAW ENFORCEMENT BY LOCAL AUTHORITIES
The subject of research is financial legal issues of the development of urban agglomerations.
The purpose of the article is to confirm or refute hypothesis that the primary financial support for urban agglomerations is carried out at the federal level, based on federal programs for the development of the road network. Hence, municipalities that are part of urban agglomerations receive federal inter-budget transfers aimed at the development of roads and road infrastructure as the most critical link for the development of agglomerations.
The methodology The methodological basis of the research is formal-logical analysis of federal, regional, and municipal legal acts, methods of statistical analysis, generalization and synthesis are also used.
The main results and scope of their application. Urbanization of territories, urban population growth leads to the development of urban agglomerations. This phenomenon has been known for a long time, in foreign countries urban agglomerations are successfully developing. The formation of urban agglomerations is called one of the possible forms of regulation of intergovernmental relations. The Russian model for the development of agglomerations so far follows the path of allocating inter-budget transfers from the federal budget.
Agglomeration development is possible only with the interaction of all municipalities included in its composition, and the coordination of their actions, coordination of the regulatory framework of municipalities, including those aimed at optimizing budget expenditures. In this regard, the regulatory legal acts of the municipalities included in the agglomeration must reflect requirements for inter-municipal cooperation, including the financing of agglomeration development projects.
Because the primary financing of the road sector is carried out through road funds, it is concluded that there is a need for effective financial control over the spending of road funds, including using new information technologies. Shortcomings of introducing a publicly accessible information-analytical system for monitoring the formation and use of road funds are noted, and suggestions are made for improving the information system to implement the principle of openness (accessibility) of data on budget spending.
Conclusions. The tendency of the territorial association of municipalities in the agglomeration, on the one hand, is due to the requirements of the time and follows the experience of many foreign countries. On the other hand, in the absence of sufficient regulatory regulation of agglomeration processes, most of the financial support for the development of agglomerations is carried out from the federal center. Road funds act are the source of financing the development of urban agglomerations, since the development of the transport system of urban agglomerations should be called one of the priority projects at the federal level, which is carried out at the expense of the federal budget. The conclusion is drawn on the need for effective financial control over the expenditure of funds of road funds, including the use of new information technologies.THE LAW ENFORCEMENT BY THE JUDGES
The subject. This article is devoted to the discussion of transformation of civil justice within the framework of European and Eurasian integration in the context of globalization. Globalization has been often mistakenly treated as a sociocultural process of establishing unity of humanity. But in the author’s opinion globalization is an information – economic megatrend. We can find a precise characterization of modern globalization process in definition “glocalization” by British sociologist R.Robertson which is understood as connection between global and local processes.
The article means “glocalization” as globalization of economic and localization of cultures. The author also tries to synthesize some trends in the development and convergence of civil procedural law in Europe and in post-Soviet space making attempts to find some unity in the diversity of transformations.
Methodological bases of research are General scientific methods (dialectics, analysis, synthesis, comparison); private and scientific methods (interpretation, formal-logical, comparative-legal, based on the actual approach).
The aims of the article are: to analyze the reasons and factors that influence the convergence of the civil process in the framework of European and Eurasian integration; to identify gaps in legal regulation, difficulties encountered in the activities of courts in the implementation of justice; to identify trends in the further development of the civil process within the framework of European and Eurasian integration.
The main scientific results. The basis of social integration and mutual understanding has its roots at least in the countries of continental Europe in common source, in the Roman-canonical models that formed the “procedural order of communication” for many European countries before the codification period.
The civil procedure systems of modern states are facing unprecedented challenges today. In accordance with contemporary and historical comparative analysis fundamental reforms are condition for surviving of civil courts as protectors of human rights lied in the base of modern jurisdictions. Moreover, the reforms indicate common tendency of nations to communication on the base of unity in diversity of changes. The landscape of civil justice in Europe and Eurasia shows unity and diversity of processes in legal sphere.
Conclusions. The reasons and factors that influence the convergence of the civil process in the framework of European and Eurasian integration were identified. The main trend of development is to solve the unprecedented problems that the civil procedural systems of modern states face today.The subject of the research is criminal law rules that provide for criminal liability for hate crimes and the judicial decisions of the European Court of Human Rights on hate crimes.
The purpose of the article is to confirm or refute the hypothesis that a unified approach to the definition of the legal concept of hate speech and the limits of its application is necessary. This approach must be based on the legal positions of the European Court of Human Rights
The research methodology includes analysis and interpretation of court decisions of the European Court of Human Rights, as well as a dialectical approach to the analysis of various points of view to the definition of extremist activity.The main results and scope of their application. The relevance of the research proposed for publication is due to the lack of uniform practice of applying the articles of the Russian Criminal Code on so-called "hate crimes" by Russian courts and the presence of significant contradictions in the positions of the European Court of Human Rights and the state position of the Russian Federation in defining key concepts in this area that are extremely important for criminal procedure and administrative activities. The paper considers scientific and practical attempts to define "hate crimes" in the global and regional human rights systems, basic recommendations of the UN on countering such crimes, and offers an interpretation of the term hate speech in relation to the related criminological concept of hate crime. The text provides statistical data describing the level of such crime and the practice of the ECHR in this area, mentions a list of criteria according to which" hate crimes " can be motivated by language differences, gender, sexual orientation and other characteristics, as well as criteria that distinguish hate speech from freedom of expression, and suggests decriminalization of part 1 of article 282 of the Russian Criminal Code.
Conclusions. It is necessary to unify the concepts of "hate crimes" (and the practice of their application) in the direction of, in particular, reducing the number of decisions of the European Court of Human Rights against the Russian Federation and increasing the level of legal protection of both the individual citizen of the Russian Federation and freedom of speech and expression.SCIENTIFIC LIFE
The subject of research is information systems that allow you to integrate scientific knowledge, including in the field of law enforcement.
The purpose of the article is to confirm or disprove hypothesis about the possibility of creating a unified system of scientific information as well as to determine the elements of such a system.
The methodology of the study is a formal legal analysis of the normative legal acts and practice of functioning of scientific information systems.
The main results and scope of their application. Science has accumulated a huge amount of information that needs to be systematized. The research infrastructure does not allow you to quickly find the necessary information. The consequence of this is the problem of multiple independent scientific discoveries, plagiarism. There is also no standard for scientific research, which is why works written using the scholastic method are often found mainly in the humanitarian sphere. There are various search platforms that combine databases of publications in scientific journals and patents. These platforms simplify the search for information, but very poorly systematize it. These systems are also aimed at ranking publications, journals, and researchers. There are electronic encyclopedias that systematize knowledge. However, these projects also have serious drawbacks, mainly related to their focus on the non-scientists: 1. Insufficient expert level in the presentation and evaluation of the material. 2. There is no status of a scientific publication, which makes it impossible to publish scientific works using this platform. 3. There is no task to integrate scientific knowledge.
Conclusions. It is proposed to create a unified system of scientific information that will facilitate the search for the necessary data, make it possible to quickly get acquainted with advanced scientific developments, and increase the level of research, including through the introduction of the appropriate standard. This system can integrate the functions of an electronic scientific journal, an electronic library, an electronic textbook, as well as a search platform that provides the implementation of scientometric functions. The proposed system will be regularly and promptly updated as new scientific papers become available. Information in the system will be evaluated by experts for its ranking and use, including for related research. The system is primarily a source of publishing scientific information. The system will allow an objective approach to the selection of applications for financial support for research, including grants, ensuring transparency of this procedure.
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