THEORY AND HISTORY OF LAW ENFORCEMENT
The article contains an analysis of the legal situation of sectarians and Old Believers of various consents after the publication of decrees on April 17, 1905 "On strengthening the principles of religious tolerance" and on October 17, 1906 "On the procedure for the formation and action of Old Believer and sectarian communities." The study is based on the materials of the Russian socio-political and Old Believer press, documents of private origin (diary entries of public and state figures), etc.
The focus of the authors' attention is government decrees and circulars, as well as materials of lawsuits against Old Believers and sectarians. The authors recreate the law enforcement context of the implementation of the confessional reform of 1905–1906 and its impact on the legal life of representatives of Old Believer consents and sectarians, in particular, representatives of the so-called "Izuver" sects. Using the possibilities of formal-legal, comparative-legal and especially historical-biographical methods of historical-legal research, involving the analysis of current legislation by contemporaries, the authors come to the conclusion that the practice of applying new legislation contained numerous problem places. There were bureaucratic methods of reform, and dubious in some cases expert opinions of missionaries at trials, and a lack of understanding of the differences between Old Believers and sectarians, and other factors that make up the so-called "executor effect," which hindered the implementation of religious reform. The main drawback of law enforcement practice was seen by religious scholars in maintaining the principle of administrative guardianship of religious societies, which reflected the inconsistency of state policy in this matter.
Corporate culture as it exists today is a cast of the Western European matrix, in which patriotic ideology is replaced by the values of the corporation and personal result. But modern realities form a new demand of society, moral principles and traditions develop modern legal relations. The human right to patriotic behavior is largely shaped by the system of religious and moral values that influenced Russian legislation long before the emergence of modern Russia.
The purpose of the article (in the form of confirmation or refutation of a scientific hypothesis) is to analyze the value system of youth, legal realities and ideological features of the formation of the Russian state around the factors of Russian identity: family, society, country, state, person, to describe the possibility of their inclusion in the corporate culture (employer) as the basic principles of corporate governance.
The method of group interview, the method of content analysis was chosen as the research method. The method of group interview or classroom analysis allows each of the participants of the discussion to speak freely on a particular problem, and during the discussion in the polemic to form a unified representation of the group on the problem.
The respondents were students of universities in Moscow and St. Petersburg, aged 18 to 23 years, technical and humanitarian areas of training - a total of 150 people (110 humanities and 40 technical areas of training). During the survey, they were divided into groups of 7 to 10 people and the groups were asked to form an opinion on how they understand value, the group discussed the idea of value and recorded the definition and their understanding of this value. As part of the study, young people aged 18 to 23 years were consistently considered about their values, how these values form the factors of pentabasis, contribute to the formation of relationships with companies. Then, which factors of pentabasis most influence the formation of the value field of youth and which indicators can be identified as markers of the formed value. Further, in order to determine how the company forms the pentabasis factors, taking into account values and indicators, young people write down which indicators and values are characteristic of the cross-influence of pentabasis factors on each other. Thus, after we have considered the principles of the formation of legal awareness, it becomes transparently clear that when developing the principles of corporate culture, it is necessary to transfer to the factors of Russian identity. Patriotism in corporate communications, until they form a clear system of values for Russians, will be a superstructure that will not be fully realized in any corporation, since it is built on different values, which became clear to us when studying the history of legal awareness. Consequently, after the conducted research, we have described some conclusions on the principles of the formation of the ideology of corporate culture, which are based on the factors of Russian identity.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The subject. The impact of digital transformation on the foundations of the constitutional system, namely the possibility of its influence on their form, content and implementation system, has been studied in this article. The authors put forward a hypothesis about the formation of the principle of the digital state, which underlies the interaction of society and the state in the conditions of building a digital economy in Russia. Active implementation of this principle was observed during the COVID-19 pandemic. Also, the factors that can give an obvious and non-obvious impetus to the transformation of the constitutional identity of the foundations of the constitutional system are identified.
The main functions of the constitutional principles are to preserve the stability of the foundations of the constitutional system and constitutional identity. We believe that modern legal science needs to comprehend the formation of new principles of interaction between society and public authorities, under the influence of digital technologies.
The article examines whether the legal regime of genetic resources is outlined in the context of applicable rules relating to biological diversity. The purpose of the research is to confute the prospects for the formation of a universal legal regime for genetic resources, in the context of the draft UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction, and the possibilities of using regional mechanisms in this domain.
The methodology of the research includes the formal legal, comparative, historical, systemic and structural methods. The authors analyze and examine applicable international legal sources, including the 1992 Convention on Biological Diversity and its 2010 Nagoya Protocol. On the basis of the systemic and structural method the authors carry out the analysis of the sources of international law related to the conservation and sustainable use of genetic and other biological resources.
The main results. The international community’s interest in genetic resources results from the growing need to take more informed environmental decisions. The relevant universal legal basis, created by the 1992 Convention on Biological Diversity, does not provide answers to some important questions, including the detailed legal definition of the term “genetic resources”, though the relevant definition contained in the 1992 Convention remains the only one that has been accepted by a large number of states. It is possible that states will be able to develop a more concrete legal rules relating to the genetic resources in the course of negotiating the UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction. However, the development of such a universal international treaty might require a lot of effort in order to reconcile the divergent interests of states.
Conclusions. Based on the analysis of applicable international law, the authors assert that the generally outlined legal basis for conservation of biodiversity, laid down by the 1992 Convention, demands further detailing in the modern context. The UN process on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction is likely to take considerable efforts of participating actors before the appropriate legal mechanisms are agreed upon. So regional legal regimes might be an appropriate way to ensure the efficient management of genetic resources taking into account peculiarities of each individual region.
Report. The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers. It is considered in legal science from the point of view of its origin, legal formalization, content and meaning. The interest in this problem is caused, on the one hand, by the multidimensional nature of this presumption, and, on the other, by its practical significance not only for society and the state, but, first of all, for a specific individual. The presumption of innocence is usually considered by specialists in the field of criminal law and criminal procedure, since, in their opinion, it belongs to the criminal sphere, the sphere of judicial proceedings, evidence. Meanwhile, such a view of the problem, it seems, limits the true essence of the phenomenon and reduces its significance.
The purpose of this study is to substantiate the constitutional nature of the principle of the presumption of innocence.
Research methodology. In this work, general scientific and private scientific research methods were used, such as analysis, synthesis, abstraction, and the case method.
The results of the conducted research. As a result of the analysis, the author comes to the conclusion that the presumption of innocence is a constitutional principle. The constitutional nature of this phenomenon is inherent in its nature, sources, content, meaning. Conclusions. The presumption of innocence is a constitutional principle. Considering it exclusively through the prism of criminal law and criminal procedure, as an element of judicial proceedings related to the theory of evidence and the adversarial nature of the parties, greatly limits its role and significance, leads to too narrow an understanding of its content. The presumption of innocence is a legal phenomenon that affects various social relations, including those related to the electoral process, to administrative proceedings, to tax relations, etc. As a constitutional principle, the presumption of innocence interacts with other constitutional principles: the principle of the rule of law, the social state, the democratic state, freedom, equality, justice, legality, etc. The presumption of innocence expresses the balance of the public and private interests of a state-organized society. The existence of this one of the most important constitutional phenomenon shows the value of the individual in the legal system.
The subject of the research is public control, which is considered to be a modern instrument of citizens' participation in the cases of local self-government. It significantly complements the basic mechanisms of direct democracy at the municipal level, providing the population with the opportunity to evaluate the activities of local authorities.
The purpose of the study is to consider public control from the perspective of its implementation at the municipal level. The key task is to find and justify additional subjects close to this level, revealing new opportunities for a more active response of residents to the short-comings of the local authorities. The most important in this series is the definition of citizens’ role and the public structures they create in the implementation of public control. Another significant task is to develop recommendations for improving the legal regulation of public control at the municipal level.
The methodology. The solution of the set tasks is supposed to be carried out using a number of cognition methods with the analysis as the leading one. It has become determinant in the study of scientific sources and the empirical base. The doctrinal method was used to study the opinions of legal scholars on the issue under discussion. Working with legislation regulating public control was based on a formal and logical method. To formulate the research conclusions the authors used general scientific methods of synthesis and analogy, as well as general-to-specific method.
The main results. The analysis showed that the public chambers (councils) of municipalities created by local governments to exercise public control are to a certain extent dependent on these bodies. We focused on more independent segments of the local community that are not included in the law, but show examples of social activity. The resource of society increases many times if three new subjects at the municipal level are given legislative access to public control: citizens, local public associations, and organized groups of citizens – territorial public self-governments that successfully operate in the local territories of municipalities. Conclusions. The recommendations presented in the study are the basis for improving domestic legislation on public control and local self-government. Filling in the legislative gaps should have a positive impact on law enforcement practice. The practical nature of the received conclusions and proposals is that they open up new opportunities for the representatives of the local community: (a) to protect their rights and legitimate interests with the help of the tools of public control; (b) to promptly correct mistakes and miscalculations of local authorities. The authors are convinced that the development of democracy on the scale of such a huge state as the Russian Federation should start with a small entity — its entrance hall, street, neighborhood, settlement, and city.
The subject of the study is the legal regulation of the obligation to use cash registers and its relationship with the tax obligation, as well as the ratio of tax control and control over the use of cash registers (operational control).
The purpose of the study is to determine the theoretical, practical and legislative (normative) approaches to the integration of relations for fixing settlements (including with the use of cash registers) in the sphere of tax legislation regulation. The author determined the place of relations in the field of application of cash registers in the system of tax legal relations.
The main hypothesis proposed by the author is that Russian legislation lacks the required quality of a legal link between the use of cash registers and the payment of taxes. According to the Tax Code of the Russian Federation, the obligation to use cash registers is not the responsibility of the taxpayer. At the same time, the obligation of organizations and individual entrepreneurs who make settlements in the Russian Federation is enshrined in a separate legislative act. This act establishes that the use of cash registers is carried out, among other things, for tax purposes, and the tax authorities are vested with the appropriate powers to control the use of cash registers.
The author emphasizes that the use of a cash register is a tool for fixing the calculation - documenting in the trusted zone of the state the fact of the financial and economic life of the taxpayer. The nature of the obligation to use cash registers is the nature of tax legal relations. Although liability for violation of the rules for the use of cash registers under Russian law is administrative in nature, this fact does not contradict the theory of law. Consequently, the transformation of administrative responsibility for violation of the rules for the use of cash registers into tax liability is optional.
In this regard, it is necessary to implement legislative changes in order to integrate into the tax legislation relations on the use of cash registers and control over the use of cash registers. The author, citing foreign legislation as an example, points to various options and degrees of integration. As the best option, it is proposed to include the obligation to record settlements in the Tax Code of the Russian Federation and recognize operational control as part of tax control there.
In the course of the work, the author used both general research methods, including methods analysis and synthesis, as well as industry, including the formal legal method.
Based on the results of the study, the author comes to the conclusion that it is necessary to transform the approach to the use of cash registers, to move to the category of “fixing settlements”. The necessity of including operational control in the composition of tax control is emphasized. This fact will create a single set of tools and rules for the work of tax authorities. All of the above will lead to the fact that each specific fact of violation of the rules for the use of cash registers can be reflected in a desk or field tax audit. As a result, the obligation to fix the calculations will become the basis for the functioning of new and promising taxation regimes.
The subject of the article is the provisions of the legislation of the Russian Federation aimed at ensuring the sexual inviolability of a minor.
The object of the research is the relations connected with ensuring the sexual inviolability of minors.
The Internet serves as an additional tool that facilitates access to minors, their social pages, the impact on the psyche of minors, and the involvement of children in destructive groups. However, not all articles establishing criminal liability for violation of the sexual inviolability of children contain a qualifying feature - this is the use of the Network in the implementation of such activities. Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.
The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?
The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.
States use various methods for determining the content, recognizing images distributed on the Web. The most commonly used technological tool is the information monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.
In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. Thus, the Federal Law “On Information, Information Technologies and Information Protection” does not contain requirements for the owners of audiovisual services and news aggregators to conduct mandatory monitoring of information distributed on Internet platforms.
The use of content filtering technology cannot be considered a panacea, but its mandatory use by various hosting providers will reduce the likelihood of distributing prohibited information.
The requirement for the owners of social networks to monitor content by their users, defined by the Federal Law “On Information, Information Technologies, and Information Protection”, is only the first step taken towards reducing the volume of prohibited content posted on the Web. However, the requirements for the use of image and text recognition technologies by Internet providers remained outside.
The article used the methods and techniques of formal logic - this is analysis and synthesis, analogy, comparison, hypothesis, proof in order to determine assumptions and find answers to the questions posed in the article.
The study and comparative analysis of the practice of ensuring the safety of children from information posted on the Web, reflected in foreign studies, demonstrating possible solutions, made it possible to compare Russian experience with the experience of foreign colleagues and draw conclusions about approaches to solving the problems.
The methods of forecasting and modeling are used for formulating possible ways to develop regulation and eliminate gaps in Russian legislation.
The subject. The authors attempt a legal analysis of several forms of monetization of rights to computer games.
The purpose of the article is the legal qualification of donations, crowdfunding, loot boxes as means of monetization.
The research methodology includes general scientific methods of analysis and synthesis, as well as specific scientific methods of comparative law and formal legal analysis.
The scientific problem of the article lies in the existing contradiction between the rapid development of the computer games market and the state of modern legal science in terms of scientific understanding and regulation of the entertainment industry.
The main results, scope of application. There are two main forms of public funding in the gaming industry: (1) donations; (2) crowdfunding. Donations are more common for streamers, crowdfunding for computer developers. Donat is money sent without the condition of reciprocity. In recent years, crowdfunding has become a common way to attract investments. The purchase of a digital (or physical) copy of a game is the acquisition of the right to use (access) a computer game. Therefore, the funds we transfer are investments. We become beneficiaries of the published product. As a result, the developer will have to pay taxes on the funds raised. A loot box is a virtual item – a random set of additional features.
The process of loot distribution is similar to a game of chance: players choose the level of need for a thing. Lootbox, despite the deceived expectations of the player, still brings some benefits to the player. In other words, the player pays a few dollars and expects to receive something of value in return, but the amount of winnings can be both large and small. In this regard, it seems that the loot box is a classic win-win lottery. Therefore, loot boxes should not be equated with gambling, otherwise the gaming industry could respond by referring to the need to include lotteries (and insurance) as gambling. At the same time, the similarity of several elements indicates that there is always a risk of turning a computer game into gambling.
Conclusions. There are a number of ways to monetize the material incentives for players. These methods include donations, funds received in the course of crowdinvesting, as well as loot boxes. Donations are an intermediate phenomenon between donation and payment. For individuals, income from donations will not be taxed if there is no consideration. Also, sometimes donations should be understood as funds from crowdinvestments, which developers sometimes collect to create the next game. These funds, in most cases, should still be treated as developer income, not donations. The boundary between the payment of in-game property and gambling is the phenomenon of loot boxes, which should be qualified as a win-win lottery.
The subject. The objectives of strict club liability for spectators’ behavior are not mentioned in the provisions of the UEFA Disciplinary Regulations. Strict liability implies the responsibility of clubs, regardless of the presence of fault for the actions of third parties – their spectators. Therefore, the question of the purpose of sanctions acquires additional actuality: a sanction cannot only have a punitive effect in the absence of the subject’s fault.
The purpose of the study. The variety of sporting sanctions and the wide range of their application creates risks of excessive coercion against football clubs. It is necessary to consider the preventive and deterrent purposes of sports sanctions, without which sports liability is deprived of the sign of certainty for the subjects of sport and turns into the arbitrariness of the soccer authorities.
Methodology. In an attempt to find references to sanctions targets under strict liability we analyzed the available practice of the UEFA bodies from 2013 to 2021 (a massive of several hundred decisions of the UEFA Control, Disciplinary and Ethics Commission, the UEFA Appeals Commission). Due to the dispute resolution system existing in European football our research could not be carried out without referring to the decisions of the Court of Arbitration for Sport (CAS) for the period 2002-2020.
The main results of research and the field of their application. A serious obstacle to the consistent practice of disputes about the responsibility of clubs for the behavior of spectators is the ambiguity of the terminology used and the doctrinal approaches of law enforcement officers. In decisions we can come across a mention of a preventive effect; preventive and deterrent effect; preventive and educational effect of sanctions. The study found that the current sports justice’s practice of applying strict liability to football clubs has two main problems. Firstly, the UEFA bodies have not established an understanding of who is the subject of the focus of the sanctions. In the disputes examined, two target audiences for sanctions under strict liability are named: clubs and spectators. Secondly, different disputes have emphasized different goals of sports sanctions. The combined approach has not yet been formulated. We have tried to fix these problems.
Conclusions. The goals of strict liability and applied sports sanctions in the UEFA perimeter should not differ: preventive and deterrent, and only in the last – punitive. The need for an unambiguous choice of the football entity targeted by sports sanctions will be the first step to take into account the set of aims of the sports sanctions applied to clubs: preventive, deterrent and punitive. Despite decades of UEFA practice in the application of strict liability, there is still uncertainty as to how a sanction will have the expected effect on the spectators. Limiting UEFA to private prevention in determining the sanction and its size in club competitions does not fully fulfill the mission of sports justice. Even if the sanctions imposed on clubs under strict liability have not been verified by a UEFA jurisdictional body to take into account a set of objectives, CAS is entitled to carry out such verification. An additional difficulty arises due to the ambiguity of terminology (and ideology) regarding the objectives of sanctions in sports justice’s practice.
Consumer lending services are among the most demanded in the financial market. The high socio-economic significance of the activities of entities providing consumer loans is increasing in the context of regional imbalances in the implementation of banking services and the focus of credit institutions on clients with a certain income and stable income. Solving the problems of the availability of financial services for citizens living in small settlements, as well as persons who cannot receive funds from credit institutions due to low income, negative credit history, lack of collateral, microcredit organizations increase the purchasing power of the population, maintain the standard of living socially vulnerable citizens, stimulate the country's economy, involving (through investment) low-income strata in economic processes, making tax payments. The increased requirements for professional lenders determined the expansion of the illegal financial services sector, supported by high consumer demand. In order to counteract the illegal activities of illegal creditors and protect the interests of consumers of credit services, the legislator established administrative and criminal liability.
The analysis of the current norms, which provide for liability for illegal activities for the provision of consumer loans (loans), carried out in the course of the study, made it possible to identify technical and legal flaws in the content of Art. 14.56 of the Administrative Code and enshrined in 2021 Art. 171.5 of the Criminal Code.
Having identified the problems arising in the implementation of Art. 14.56 of the Administrative Code in practice, the author proposes to exclude from the disposition of this norm the signs that specify the subject of an administrative offense (legal entity, individual entrepreneur). The inevitability of the liability of illegal usurers will be ensured by changing the approach to determining the moment when illegal professional activities for the provision of consumer loans (Art. 14.56 of the Administrative Code) are concluded from the date of the conclusion of the consumer loan agreement on the day the creditor submits executive documents for organizing the enforcement of court decisions on the collection of the corresponding debt.
Having determined the disposition of Art. 171.5 of the Criminal Code casually, with a triple reference-blanketness, the legislator not only deviated from the rules of legal technique, but also disoriented the law enforcement officer in the content of the criminal law prohibition. The author substantiates the proposals to state Art. 171.5 of the Criminal Code in a new edition, excluding the name of the violated law and detailing the signs of the subject of the crime. As crimi-forming signs, the composition covered by Art. 171.5 of the Criminal Code, it was proposed to determine alternatively: the large size of consumer loans (loans) issued by an illegal lender (over 2 million 250 thousand rubles); administrative punishment of a person under Art. 14.56 of the Administrative Code.
THE LAW ENFORCEMENT BY THE JUDGES
The paper examines the procedure for considering a class action in the Russian civil procedure in order to identify obstacles to the effective application of this institution. In developed foreign legal orders, group proceedings are a popular socially significant jurisdictional procedure for considering a large number of the same type of requirements, which allows optimizing the burden on the judicial system, ensuring the achievement of legal certainty and the effectiveness of judicial protection. As a result of the reform of group production, an institution sui generis appeared, which differs in many respects from foreign analogues. Given that group proceedings in Russia are still not in demand, the authors has identified obstacles to the intensification of this procedure, many of which indicate a superficial regulation of the procedural form.
The study used comparative legal, formal logical and systemic structural methods, which made it possible to give a comprehensive assessment of the identified gaps in the legal regulation of group proceedings in Russian civil, commercial and administrative litigation. The first of the identified problems is related to the lack of regulatory rules for certification of a group of persons. To initiate proceedings on a class action, it is necessary to join a significant number of co-plaintiffs, whose claims are based on homogeneous legal and factual circumstances. However Russian procedural codes do not regulate the criteria by which certification of a group should be carried out, and also do not establish rules for accepting a court ruling on preparing a case for trial, allowing members to subsequently authorize. It is noted that for effective group proceedings it is necessary to issue an appropriate definition, which would define the criteria for the homogeneity of the grounds for claims and the method of protecting the violated right chosen by the applicant. The law should directly provide for the possibility of appealing against such a judicial act. Also, for the purposes of joining the requirements to protect the interests of a group of persons, it is proposed to publish a notice on the initiation of proceedings not only on the websites of the court and the defendant, but also in the official media.
The problems of implementing the qualities of the legal force of a court decision on a class action, such as exclusivity and prejudice, are also identified, since the law allows challenging the circumstances established when considering a class action when considering a personal claim of a member of a class who has not joined a class action in the future.
The subject of the research is the features of the appeal of court decisions in cases considered in summary proceedings.
The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts.
The main results. The author critically assesses the provisions of the procedural legislation, focuses on the problems that exist in practice. (1) There is a different procedure for notifying a decision adopted as a result of summary proceedings, according to the norms of the Civil Procedure Code and of the Arbitration Procedure Code. (2) It is concluded that the dependence of the beginning of the period for filing an application for drawing up a reasoned decision on the day of placement of the operative part of the decision or on the day of its adoption significantly complicates the timely implementation of such a right. A different construction will be justified and practically convenient: fixing in the law a single moment of the beginning of the period for an appeal against a decision - from the moment a copy of the operative part is delivered (irrespective of the application for drawing up a reasoned decision). (3) If the deadline for filing an application for the preparation of a reasoned decision is missed, the issue of its restoration should be resolved only if the deadline for filing an appeal has not been missed. If the deadline for filing an appeal is missed, then a reasoned decision on the case should be made only if the specified dead-line is restored.
Recommendations are offered on the possible improvement of procedural rules on summary proceedings. In particular, the issue of increasing the period for applying for a reasoned decision was raised. It is proposed that the start time for filing an application for the preparation of a reasoned decision be determined from the day a copy of the decision is handed over to the persons participating in the case, or the decision is posted on the court's website.
Conclusions. The identified problems call into question the merits of the summary procedure, show in practice its difficult and complicated order. The existing model of summary proceedings needs to be significantly detailed in order to increase the guarantees of judicial protection.
THE LAW ENFORCEMENT BY BODIES OF CRIMINAL EXECUTIVE SYSTEM
The subject. The production sector of the Russian penitentiary system requires development and modernization in order to increase the level of convicts’ employment, to ensure the growth of their labor productivity, which is ultimately aimed at increasing the level of correctional impact of socially useful labour. In modern conditions of market economy development, low efficiency of state production organizations economic activity on competitive markets, as well as the lack of budget funds for the modernization of production assets, the most promising form of organization of penitentiary institutions production activities is public-private partnership. The aim of the article is to develop scientifically based provisions that define the most promising areas for the development of Russian legislation, which will significantly improve the practice of implementing public-private partnership projects in the production sector of the penitentiary system. The methodology. In the course of the study, a complex of general scientific and special methods of scientific search was used, including scientific abstraction, a systematic approach, a dialectical method of cognition, as well as comparative legal and structural-system methods of research. The information base of the study is represented by scientific works of Russian and foreign scientists-penitentiaries, statistical data, regulations, as well as data on legal practice in the field under study. The main results, scope of application. The prerequisites for promising changes in the legislation that determine the need for a significant modernization of the production sector of the penitentiary system are identified. The expansion of the practice of implementing production projects with the involvement of private business initiatives in penitentiary institutions makes it possible to strengthen the corrective impact of socially useful labour, to improve convicts’ food and clothing provision, as well as the communal living conditions of their detention. Conclusion. The article substantiates the need to develop a concept of interaction between the penitentiary system and the business community in order to improve the efficiency of convicts’ employment and their correction, within the framework of which the most relevant directions and stages of the development of public-private partnership should be determined in the future.
The subject of the article is the peculiarities of the execution of imprisonment in relation to the elderly (over 50 years old) as an independent legal institution of penitentiary law in Russia and abroad.
The purpose of the article is to identify the patterns and problems of the execution of punishment in the form of imprisonment in relation to elderly people (over 50 years old) in Russia and abroad, taking into account the growth trend of this category of prisoners and propose a legal solution to the problem.
Main tasks: (1) to determine using statistical indicators the change in the number of elderly prisoners and identify the main trend in quantitative indicators; (2) identify problems that arise in elderly prisoners due to the lack of legislative regulation of the organization of an accessible environment in correctional institutions; (3) conduct a comparative analysis of the organization of medical care in relation to the elderly when serving a sentence of imprisonment in Russia and abroad; (4) determine ways to improve Russian legislation in the field of punishment in the form of imprisonment in relation to elderly prisoners.
Research methodology. When studying the tendency of aging convicts to imprisonment in Russia and abroad, an analysis of statistical data was used. The work is a comparative legal study as a result of the study of domestic and foreign experience in the execution of sentences in the form of imprisonment, as well as the penal policy of Russia and foreign countries in relation to elderly prisoners; specific sociological technique was used when conducting a survey of persons over 55 years old serving a sentence of imprisonment in Russia; the formal-legal method made it possible to formulate a number of proposals on the need to reform penitentiary institutions, taking into account the age characteristics of this category of convicts.
Main results and scope of their application. Firstly, the possibility of allocating a separate chapter to the PEC of the Russian Federation on the peculiarities of the execution of punishment in the form of imprisonment of elderly convicts is justified. Secondly, the definition of the concept of "accessible environment", as well as the peculiarities of medical care for elderly convicts, taking into account the relevant experience of foreign countries. Thirdly, there is a need to form legal institutions for the socialization and resocialization of elderly people (over 55 years old) during the period of serving criminal sentences in the form of imprisonment, taking into account age characteristics and foreign experience.
Conclusion. Age characteristics and health conditions have a direct impact on the correctional impact of those sentenced to imprisonment. Russian and foreign experience clearly show that at present there is no unified political and legal approach in relation to elderly prisoners, despite the general growth trend of this category of persons. In Russia and abroad, there is a need to build correctional institutions of a new type, which will take into account, among other things, the age characteristics of the convicts. In this case, it is necessary to start with the development of individual legal institutions.
THE LAW ENFORCEMENT IN PRIVATE LAW
The subject of this research is the concept of a child’s legal capacity in an interdisciplinary context and the validity of various approaches for determining the essence and scope of a child’s legal capacity in terms of Russian public and private legislation and to provide suggestions for improvement.
Methodology: The authors’ general research methods for cognition are: analysis, synthesis, and abstraction. This research is also based on legal acts and judicial practice, as well as on the opinions of scientists.
Results: On the one hand, differentiations in terms of the essence, structure and scope of a child’s legal capacity within the branches of Russian law are justified according to the specifics of their subject and methods of legal regulation. On the other hand, the differences in approaches presented in them, especially according to age criterion, are far from universally justified, and this is especially characteristic of the active component of legal personality – or legal capacity. Thus, 14 and 16 are the ages of legal capacity in terms of constitutional law; 6, 14 and 16 for civil law; 14, 15 and 16 for labour law; 15 for medical law; 10, 14, 15, 16 for family law; etc. The law on education does not indicate any age benchmarks, being oriented towards the school education periods. At the same time, the lower boundaries of ‘minimal legal capacity’ are established only for the sake of civil legal relations and administrative and criminal liability. In other cases, in the assessment of a child’s ability to make legally significant decisions, the law enforcement officer considers a child’s individual psychological characteristics. Typically this approach proves to be correct. Psychological data indicate the development of an acceptable level of cognitive ability by the age of 12; therefore, the formally enshrined concept of child consent to certain legally significant acts beginning at the age of 10 requires discussion and possible adjustment. The ages of 14 and 16 as starting points for basic elements of the legal capacity (legal personality) are reasonable and must be applied systematically; other intermediate solutions are not justified. In terms of a generally correct decision with regard to the moment when the age of legal capacity begins, it would be reasonable to correlate this with the protection of a child’s interests before his/her birth. There is no unified approach to understanding a child’s ability to perform legal duties: in civil law such ability is denied, while in other legal spheres it exists. As for family law, it should be assimilated into the general group. Conclusions: the concept of a child’s legal capacity requires systematization and enhancement as a prerequisite for a reasonable and justified arrangement of children's world – both within the family and in the public sphere.
ISSN 2658-4050 (Online)