THEORY AND HISTORY OF LAW ENFORCEMENT
The subject. The article examines a wide range of issues related to the understanding of the role and importance of legal procedures in their relationship with the rule of law. The authors pay special attention to the current state and trends in the development of legislative, administrative and judicial procedures in the Russian Federation.
The purpose of the article is to assess the impact of legal procedures on the rule of law.
The description of methodology. The authors use methods of complex analysis, synthesis, as well as formal-legal, comparative-legal, research methods in combination with the methodology of anthropological science.
The main results and scope of their application. Reconciling public-imperious decisions, the procedure sometimes governs the behavior of the state itself and keeps it in check, bringing statehood closer to rule of law. The rule of law needs urgently and comprehensively a system of different legal procedures: judicial, public, contractual, arbitration, electoral, referendum, parliamentary, federal, municipal and administrative (fiscal, budgetary, licensing, control, jurisdictional). It would simply not be able to meet its purpose without such procedures, and the idea of the rule of law would remain non-binding. Not every form and fiction performs law-saving work and it’s also true for the conditional ability of the authorities to create law and judge law.
Conclusions. Procedures, their combinations are different in origin and in action, but the "non-procedural" legal statehood can not exist. Therefore, procedural violations-encroachments on the judicial, parliamentary, electoral process and other types of processes – are especially dangerous. Legal statehood based on trust is harmed by frequent changes in procedures. The evolutionary capacity of legislative changes is the condition of their viability.The subject. The article explores the principle of electivity as the principle of organization the public power in the Russian Empire, Soviet Russia and in the modern Russian Federa-tion.
The purpose of this paper is to show how the principle of electivity developed in the Russian Empire, Soviet Russia and in the modern Russian Federation and to demonstrate Russian qualification electoral system.
The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.
Results, scope of application. Qualification principle in electoral system has undergone var-ious changes in various periods of Russian history. The Zemsky reform of 1864 and the Ur-ban reform of 1870 are analyzed in context how they significantly expanded the electoral rights of citizens. The positive results of the reforms were minimized by the Urban and Zem-sky counter-reforms of Emperor Alexander III. The author shows the negative consequences of the counter-reforms of Alexander III on the example of the second capital of the Russian Empire – Moscow.
After the October Revolution, the electoral legislation included new elements of the censor-ship system that extended to the class enemies of the Soviet government. In general, during the Soviet period, general, equal, direct elections were declared in the Constitution. Sepa-rately post-Soviet electoral system in Moscow as the city of federal significance is examined.
In the 1990s and 2000s the revival of the Russian electoral system was taking place. In ad-dition, there is a transformation of the principle of election of bodies and officials of local self-government.
The author comes to the conclusion that some elements of the census system in the mod-ern interpretation remain in the current legislation. In fact, direct elections at different lev-els of government are replaced by indirect elections or the appointment of elected bodies and officials using a modern system of electoral qualifications, that directly contradict the Art. 3 of the Constitution of the Russian Federation.
The subject. The article is devoted to the justification of the purpose and functions of legal responsibility, based on its essence as a method of training internal regulators of people’s behavior.
The purpose of the article is to reconsider stereotypical notions of legal responsibility as a means of intimidation, of its purpose and functions.
The description of methodology. The author uses methods of complex analysis, synthesis, as well as formal-legal, comparative-legal, research methods in combination with the spiritual and moral approach.
The main results and scope of their application. The purpose of legal responsibility is to correct the lifestyle of an offender. A corrected way of life truly prevents the commission of new crimes. The function of deterrence is not absorbed by the warning function and can be considered as independent, since the entire procedural aspects of legal liability are riddled with fear and traumatic impact on the offender.
Dehumanization is a common phenomenon in the legal relationship of legal responsibility, which is characterized by the emergence of prejudice, aggression, discrimination and racism. The law enforcement system should not deal with the dishumanization of people who stumbled, it should strengthen their human form and dignity, correcting their way of life. It is useless to frighten and punish, it is necessary to consider legal responsibility as a method of training the internal regulators of behavior in a person.
Conclusions. While it is important for the state to fulfil the function of deterrence of criminals, the moral training function of legal responsibility is much more important for civil society. Only the corrected way of life really prevents the commission of new crimes. Goals and functions of legal responsibility should be formulated according to this conceptual idea.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The article is devoted to the theoretical and practical problems of direct effect of the Constitution of the Russian Federation.
The purpose of the study is the delineation of concepts of direct action and the direct application of the Constitution. The proposed topic is very relevant, because nowadays, when the Russian Federation is striving to build a rule-of-law state and a developed civil society, the theoretical and practical bases of the direct action of Constitution require a scientific justification.
The methodological basis of the study was: a formal-logical method that made it possible to clarify the properties of the Constitution of the Russian Federation, distinguishing it from the statics and dynamics from other regulatory legal acts. The practice of direct enforcement of the Constitution was analyzed with formal-legal method.
The authors analyzed theoretical material: the works of Vengerov A.B., Vitruk N.V., Grevtsov Yu.I., Kokotov A.N., Kravets I.A., Lychin V.O., Nevinskii V.V., Ebzeev B.S., - as well as empirical data - decisions of the Constitutional Court of the Russian Federation and other courts.
The authors came to the conclusion that the direct effect of the Constitution of the Russian Federation is a legal feature of the norms of the Basic Law, that are implemented irrespective of the existence of normative legal acts that specify them. Even if it is necessary to specify the norms of the Constitution, clarifying rules are created on the basis of constitutional legal requirements and only develop them for the purpose of implementation. Direct application of the Constitutional rules is only one of the forms of its implementation, according to Art.15 (1) of Russian Constitution.The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.
The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.
The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.
The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of Russia (pt. 4 of Art. 78 of the Constitution of the Russian Federation). Such presidential power is carried out through the issuance of its decrees and orders, the adoption of operational and administrative decisions.
Conclusions. The authors noted that the effectiveness of the work of the head of state is especially evident in the state unity and the constitutional and legal mechanism for ensuring the rule of law, which is developed in the constitutional doctrine.
The subject. The article is devoted to the analysis of legislation on personal data and it’s enforcement in the educational process in higher educational institutions.
The purpose of the article is highlight controversies in legislation on personal data, generating mistakes in enforcement during the educational procedures.
The description of methodology. The author uses methods of complex analysis, synthesis, as well as formal-logical and formal-legal methods.
The main results and scope of their application. The practice of interpreting the concepts of “personal data”, “confidential personal data”, “official secret”, “publicly available personal data” is extremely contradictory.
Currently, there are hundreds departmental regulatory legal acts about various aspects of the protection of official secrets. Analysis of these acts shows that the rules aimed at preserving the confidentiality of official information regulate the following aspects of the functioning of state and municipal bodies, institutions and organizations: (a) ensuring access to official information; (b) providing state and municipal services; (c) document flow and record keeping; (d) staffing; (e) anti-corruption; (f) use of information systems; (g) interaction with the media; (h) prevention of conflicts of interest.
The study load cannot be attributed to the personal data, that requires the consent of the teacher to be processed. The study load is nothing more than publicly available information, arising from the principles of collegiality of educational process management, competitiveness of education, its openness and transparency, that are established in the legislation on education.
Conclusions. Extended interpretation of confidential personal data and inclusion of the teaching load to it is unacceptable. This contributes to conflicts of interest, corrupt factors and devaluation of higher education.
The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.
The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.
The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.
The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.
Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.
Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.
The subject of the article is abuses at the granting of additional measures of state support to families with children and measures of its prevention
The purpose of the article is to analyze legal rules governing the provision of additional measures of state support for families with children, to determine their completeness and adequacy for countering abuses in this area.
Characteristic of the problem field. The implementation of the legislation on additional measures of state support for families with children, has proved to be connected with widespread attempts to use the maternity (family) capital by the persons who do not have the right, or to use it contrary to the restrictions established by law. Analyzed legislation has shortcomings that create the conditions for illegal actions.
Methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (comparative-legal and formal-legal methods) were used in the research process .
Results. Countering abuses requires improvement (changes and additions) of the law governing the provision of additional measures of state support for families with children. Refinement and extension of powers of the Pension Fund’s of the Russian Federation bodies in this area, however, inevitably entails an increase in the number of organizational actions performed by these bodies when considering applications of the entitled persons. The flip side of strengthening the fight against illegal actions in this sphere can also be the limitation of the possibilities of the entitled persons and the extension of discretion of authorized bodies. When the effective legislative means are absent the judicial practice plays a prominent role in preventing the illegal use of maternity (family) capital. In particular, the qualification of improvement of housing conditions as a necessary result of the contract of purchase and sale of real estate became one of the obstacles to illegal receipt of maternity (family) capital.
The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.
The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.
The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).
Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.
Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.
THE LAW ENFORCEMENT BY THE ADMINISTRATIVE JURISDICTION BODIES
The subject. The article defines the modern content of the following concept: administrative procedure, administrative jurisdiction.
The purpose of the study is to identify the correlation between the concepts of administrative procedure and administrative jurisdiction.
The methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical and formal-legal methods.
The main results and scope of application. The administrative process and administrative procedures are not regulated properly nowadays. The results of scientific research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).
Process and production correlate as general and special phenomena.
The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.
Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.
Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.
THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY
The subject. The issues of combating terrorism through the prism of culture are examined in the article.
The purpose of the article is to show the anti-terroristic measures through the scope of culture.
The description of methodology. The author uses methods of complex analysis, synthesis, as well as formal-legal, comparative-legal methods in cultural aspect.
The main results and scope of their application. Acts of terrorism are frequent and occur almost worldwide.
Counter-terrorism through criminal penalties is ineffective, because: 1) there are a lot of people among the terrorists who are law-abiding, criminal behavior is not typical for them; 2) in case of terrorist acts by suicide bombers they could not be objectively deter by the threat of punishment; 3) criminal punishment, including capital punishment, can give him the halo of a martyr.
Acts of terrorism cause a serious public outcry. Attempts to strengthen the criminal repression are being made often as a consequence of the impact of terrorist attacks. However, such a reaction to the terrorist attacks appears due to a desire to symbolically restore the social justice. The application of criminal repression is deeply symbolic, because it is always culturally determined. The execution of a terrorist should also be considered as an element of symbolic exchange (punishment instead of a crime).
Terrorism is motivated ideologically, that’s why it may be regarded as a kind of ideological crime. Its foundation is a system of views, concepts that allow the offender consider crime as right, morally justified, committing for a higher purpose.
Conclusions. It is proposed to consider the fight against terrorism as primarily a struggle with the idea that caused it to life, through the anti-terrorist propaganda, the formation of a negative image of the terrorist in popular culture, minimization of highlighting terrorist attacks and those, who committed them, in the press. The basis of counter-terrorism due to the conflict of cultures is the idea of a dialogue between them. Developing a strategy to counter terrorism we should take into account the risks that inevitably arise in connection with the limitation of rights and freedoms of people. Counter-terrorism is not a convenient reason for explaining the growing influence of law enforcement on social processes, especially for undermining the democratic foundations of the state.
THE LAW ENFORCEMENT BY THE JUDGES
Subject. The article is devoted to analysis of some issues concerning realization of adversary principal in proceedings in the Constitutional Court of the Russian Federation.
Purpose. The purpose of the article is to analyze foreign experience of legal regulation of the status of constitutional court process participants as parties and/or interested persons in constitutional court proceeding, to give arguments in favor of introducing the category of ‘interested privies’ in Russian legislation regulating constitutional court proceedings.
Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of legal comparison.
Results, scope of application. Law often does not specify the party opposing the claimant during the proceedings in the Constitutional Court of the Russian Federation. The need to introduce the adversary principal in such cases requires to introduce the category of ‘interested privies’, whose rights and duties may be affected during the case solution in the Constitutional Court of the Russian Federation.
The following persons and entities may become interested privies in Constitutional proceedingst: persons whose claims brought against the decision of intergovernmental body for protecting human rights and freedoms - in cases on possibility of executing the decision of intergovernmental body for protecting human rights and freedoms; the State Duma and the Council of Federation of the Federal Assembly of the Russian Federation as bodies participating in ratification of the treaty - in cases on the check of constitutional legitimacy of a treaty about accepting new subject into the Russian Federation; constitutional bodies and public offices whose constitutional legal status may be changed as a result of official interpretation of constitutional rules - in cases on interpreting the Constitution; the RF Central Election Committee - in cases on the check of constitutional legitimacy of an issue introduced for the referendum of the Russian Federation; the President of the Russian Federation (if the request comes from the Supreme Court of the Russian Federation); the State Duma, the Supreme Court of the Russian Federation, President of the Russian Federation - in cases on providing the ruling about the observance of the established rules public prosecution of the President of the Russian Federation for treason or another serious offence.
Conclusions. The category ‘interested persons’ will enable to provide guarantee of fair trial in resolving constitutional court conflicts, if such category would be included into Russian legislation.
The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.
The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.
The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.
The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases) would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty), pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI). This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life” are totally neglected. The article uses widely the arguments presented by Martha Nussbaum in her text Beyond “Compassion and humanity”: Justice for Nonhuman Animals, particularly to show that the approach of “capabilities” developed by it can provide a better theoretical orientation of the approaches Kantian contractualism and utilitarianism to the animal rights, mainly because it is able to recognize the breadth of the concept of “animal dignity”. It is considered that the central point to be faced in order to recognize the rights of animals is the one raised by the High Court of Kerala in the case of Nair v. India Union (June 2000), which Nussbaum highlights as the epigraph of the her text: “Therefore, it is not only our fundamental duty to show compassion to our animal friends, but also to recognize and protect their rights [...] If human beings have a right to fundamental rights, why not animals?”.
Conclusions. Understanding the prohibition of animal abuse as a measure of environmental protection for the benefit of present and future generations is incorrect and does not take into account the basic principles that form the core of animal rights.
Brazilian law will go a long way towards protecting animal rights when (and if) it expressly recognizes that animals (at least some of them) are creatures created for a decent existence”; when, for example, it permits the trial of habeas corpus filed in favour of a bull locked up in a farm or slaughterhouse.
Subject. The article is devoted to enforcement the rules concerning conflicts of interest in the municipal service.
The purpose of the article is to identify approaches to resolution of legal disputes concerning conflict of interest in the municipal service.
Methodology. The authors use theoretical analysis as well as legal methods including formal legal analysis and the method of linguistic interpretation of judicial acts.
Results, scope of application. The courts examine a different range of issues: the concept of conflict of interest, personal interest; features of admission to service; application of measures of responsibility; dismissal from service (termination of employment or service relations) – during the legal consideration of cases related to the presence and absence of a conflict of interest.
The courts apply similar approaches to the conflict of interest in the state and municipal services, despite the fact that state and municipal employees have significant differences in legal status and different legislative acts are applied to each type of service.
The Constitutional Court of the Russian Federation has repeatedly resolved the disputes concerning the issues of conflict of interest.
Courts of general jurisdiction resolve such cases mostly in the order of action proceedings. However, the courts are also ought to investigate issues related to the conflict of interest when considering disputes arising from public legal relations when challenging normative legal acts. The attempts of local authorities to change the wording, to go beyond the norms established in Federal legislation are the most common violation.
Conclusions. Although the legal positions of the Supreme Court concerning conflict of interest are generally quite consistent, courts at other territorial levels may have different positions on such situations. Therefore, we should welcome the preparation by the Supreme Court of the Russian Federation of A review of court practice in 2014-2016 concerning enforcement legislation of the Russian Federation in disputes related to the imposition of disciplinary sanctions for non-compliance with the requirements of anti-corruption legislation.
The subject of the article is the grounds for exemption from criminal liability with the appointment of a judicial fine are being considered.
The purpose of the article is to reveal the systemic links between Art. 76.2 and 75-76 of the Criminal Code of the Russian Federation as well as prospects of judicial fine in criminal law.
The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.
Results, scope of application. The author analyzes the practice of applying Art. 76.2 of the Criminal Code of the Russian Federation on criminal cases concerning crimes with a formal composition, when the defendants did not make any compensation for damage or other reparation for damage caused by the criminal act.
The author notes that the institution of release from criminal liability with the appointment of a judicial fine is controversial. On the one hand, it has positive aspects, as it directly and unambiguously aims at compensation for damage or other smoothing of the harm caused by the crime. Сriminal legislation of the Russian Federation should more actively provide for the interests of the victim.
However, fine also has a number of shortcomings related to the contradictory nature of his normative definition. The institution in question does not have its own substantive legal basis, it is applied to the same range of cases as the grounds for exemption from criminal liability provided for in Art. 75, 76 and partially Art. 76.1 of the Criminal Code. Consequently, its appearance can make a system of measures that stimulate positive postcriminal behavior only more contradictory.
The introduction of this institution can contribute to an increase in manifestations of corruption. Judicial fine is appointed only by the court, but the court to exercise its functions in this case does not have the ability to verify the truthfulness of the information on the participation of the accused in the committed crime. So, there is a risk of applying this institution to persons who should be brought to criminal responsibility.
This institution is available primarily for wealthy suspects (accused persons) who are capable to reimburse the damage caused by crime immediately and, in addition, within the time limits established by the court to pay a judicial fine.
Conclusions. The author comes to the conclusion that the exemption from criminal liability with the appointment of a judicial fine is a truncated form of active repentance.
The subject. The article is devoted to analysis of pension disputes resolution in courts.
The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.
The methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (formal-legal methods method of legal interpretation) were used.
Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.
Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.
Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.
Conclusions. The existence of a number of features of the substantive and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.
SCIENTIFIC LIFE
ISSN 2658-4050 (Online)