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North Caucasus Legal Vestnik

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No 3 (2023)
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PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE

7-16 16
Abstract

This article presents the political experience of cooperation between Russia and Turkey for a century, in particular, foreign policy has been studied since the signing of the «Treaty of Friendship and Brotherhood between the RSFSR and Turkey» in Moscow on March 16, 1921 to the present. The author notes the positive results of bilateral cooperation between Moscow and Ankara, providing such important factors as active cooperation in the areas of conflict resolution and combating terrorism, preservation of international and regional security, expansion of relations in the field of cultural and public relations.

17-22 16
Abstract

The article raises the problem associated with the legal illiteracy of the younger generation, as well as ways to solve this problem. At the present stage of development of social relations, legal literacy is a necessary quality for every person, since it is the knowledge of one's rights and obligations that makes it possible to protect one's rights and respect for others, which makes this problem relevant. Summing up, the ways of solving this problem are proposed.

PROBLEMS OF CONSTITUTIONAL AND INTERNATIONAL LAW

23-33 16
Abstract

The author's interest in the topic of the article is caused by the fact that in the conditions of the new geopolitical reality, international investment relations are changing very quickly, in connection with this, risks are increasing and therefore there is a need to strengthen the protection of the rights of foreign investors. In this article, the author examines important problematic issues of the autonomous system of dispute settlement between investors and states created by the Washington Convention of 1965. Since 2017 under the auspices of the UN Commission on International Trade Law, this system is being reformed in the direction of increasing the efficiency of its functioning. It concerns important aspects of this system and is aimed at improving the rules of arbitration procedure, improving the quality of work of arbitrators, strengthening the validity of decisions made by arbitrators on disputes, modernizing the procedure for financing disputes by a third party and ensuring its legal regulation by relevant legal acts, two such acts have already been developed and are currently being discussed by delegations of States and representatives of international organizations: Code of Conduct for Arbitrators and Regulation on the Financing of a Dispute by a Third Party.

Comparing the provisions of these documents with each other and with existing legal acts, the author comes to the conclusion that their implementation in the Arbitration Rules will contribute to improving the efficiency of judicial proceedings, increasing the role of arbitrators in managing all the mechanisms of the judicial process, speeding up the terms of dispute resolution and reducing the cost of procedural costs.

34-39 19
Abstract

In this article dedicated to the thirtieth anniversary of the Constitution of the Russian Federation, the author argumentatively shows the importance and effectiveness of the Basic Law of the Russian state, its role in ensuring stability and long-term development of democratic institutions, socio-economic, spiritual and moral situation in the country. The article analyzes the impact on the Constitution of the Russian Federation adopted on December 12, 1993 of a set of amendments made to it based on the results of the all-Russian vote in July 2020. At the same time, the article focuses on the problems of full-fledged implementation of constitutional principles and norms, as well as the need to develop a mass constitutional legal awareness.

40-49 14
Abstract

Constitutionalism has become the foundation of a globalizing world. Human rights have been recognized as a democratic value of any State. However, due to a number of reasons, the issue of the appointment and execution of the death penalty has not found an unambiguous solution in the legislation of various countries. In the Russian Federation, when the country officially withdrew from the Council of Europe, whose membership was accompanied by a demand for the non-application of this criminal punishment, disputes about the resumption of the imposition of death sentences for a number of crimes resumed. The authors of the article, based on the analysis of the provisions of international legislation, Russia's voluntarily assumed international obligations in the field of human rights, constitutional norms, legal positions and decisions of the Constitutional Court of the Russian Federation, scientific papers on the studied issues, formulate their own vision regarding the legal possibilities of resuming the use of the death penalty in the country through the prism of the values of transnational constitutionalism, international obligations of the state.

PROBLEMS OF ADMINISTRATIVE LAW

50-57 17
Abstract

The article is devoted to the issues of training personnel for the civil service through holding a competition and concluding an agreement with the winner of the competition on targeted training with the obligation to subsequently undergo public civil service. The article highlights the characteristics of personnel training for the civil service, identifies its stages, and examines legal regulation. The author has made proposals to improve the regulatory framework for training personnel for the civil service.

58-63 15
Abstract

The article examines the importance of preventive work carried out by the internal affairs bodies with minors who commit offenses at transport infrastructure facilities. The article draws attention to the peculiarities and causes of juvenile delinquency. The authors propose methods for the prevention of juvenile delinquency at transport facilities and measures for the prevention of antisocial, dangerous, criminal behavior of minors. In the article, the authors draw conclusions aimed primarily at the direct prevention of neglect and delinquency of minors in an extremely dangerous social situation.

64-71 16
Abstract

Within the framework of this publication, the issues and problems of bringing to legal responsibility the owners of erotic massage salons and the masseuses themselves (masseurs) practicing this activity on a systematic paid basis are considered. This activity is analyzed from a legal point of view, including through the prism of the concept of "prostitution", on the basis of current Russian legislation, as well as the opinions of various authors who have devoted their scientific works to legal issues of combating prostitution and the provision of sexual services of a different nature. The judicial practice of bringing persons to legal responsibility for the organization and provision of erotic massage services on a paid basis is also analyzed. The absence of a unified approach in the activities of law enforcement agencies regarding the qualification of such actions has been revealed, which, according to the author of this publication, is a consequence of the lack of definition of the term "prostitution" used in the norms of Russian law. Solutions to this problem are proposed.

PROBLEMS OF CIVIL AND BUSINESS LAW

72-79 14
Abstract

The article explores the concept of «digital literature», the peculiarities of the legal regulation of the disposal of exclusive rights to digital literature. The signs of digital literary works (digital content) are analyzed.

80-85 14
Abstract

On July 24, 2023, Federal Law No. 386 "On Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter Federal Law No. 386) was adopted, which prohibited sex change in the Russian Federation. Permissible, according to the law, will be medical interventions related to the treatment of congenital anomalies, genetic and endocrine diseases associated with a violation of the formation of genital organs in children. The expected law is intended to continue the political course of Russia taken in Presidential Decree No. 474 of 21.07.2020 "On the national Development Goals of the Russian Federation for the period up to 2030", on the need to ensure sustainable population growth of the Russian Federation. The article analyzes the uniqueness of the sexual identity of each person and the legal consequences of the correction of gender identity for the legal status of the individual, the reflection of the consequences of sexual correction in the system of Russian legislation.

86-92 13
Abstract

The article discusses approaches to determining the jurisdiction of disputes involving persons engaged in entrepreneurial activity without state registration as individual entrepreneurs ("self-employed"). The author critically analyzes the arguments used by judicial authorities in motivating acts referring disputes involving the "self-employed" to the jurisdiction of courts of general jurisdiction.

PROBLEMS OF CRIMINAL LAW AND PROCESS

93-106 18
Abstract

In the conditions of the sanctions war declared by our country, as well as the global trend towards rising prices for food and resources, there is a possibility of a commodity shortage. Artificially created as a result of unscrupulous activities of persons called speculators, it can cause panic and excitement among the population, undermine the authority of state power, and damage the economy. Meanwhile, there is no criminal liability for speculation now, and administrative liability has been established only for individual violations. To eliminate this gap, it is proposed to introduce the concept of "speculation in a special situation" and introduce appropriate norms into the criminal law and legislation on administrative offenses.

PROBLEMS OF CRIMINAL LAW

107-116 18
Abstract

The relevance of this study is due to the increase in the number of registered crimes related to the theft of budget funds allocated for the implementation of national projects. The materials of the study were doctrinal sources in the field of combating crimes committed as part of the implementation of national projects in Russia, as well as the positive preventive experience of the economic security and anti-corruption departments of the Russian Ministry of Internal Affairs. General scientific and particular scientific methods of cognition were used; the structural-logical method, the method of analogy and generalization were used. Analyzed the most common violations associated with the theft of funds allocated from the budget for the implementation of national projects. The positive experience of law enforcement practice in identifying and documenting the facts of embezzlement of budgetary funds allocated for the implementation of national projects is considered. The results of the author's research, expressed in the development of a sequence of actions to improve the efficiency of disclosure and investigation of crimes of the category under study, are proposed. The author points out the importance of operational-search activities, namely the activities of the economic security and anti-corruption units of the Ministry of Internal Affairs of Russia in the process of countering crimes related to the theft of budget funds allocated for the implementation of national projects. In conclusion, methodological recommendations are proposed for the territorial heads of the economic security and anti-corruption departments of the Ministry of Internal Affairs of Russia.

117-121 15
Abstract

Elimination of the legal uncertainty of the criminal procedure legislation is one of the most important ways to improve the quality and effectiveness of activities to combat crime. The author substantiates the need to endow the Prosecutor General of the Russian Federation and the Federal Chamber of Lawyers with the right of legislative initiative. This form of participation of the Prosecutor's office and the bar in the law-making process will ensure prompt response to defects in the legal regulation of criminal procedural activities.

CRIMINAL LAW AS A CULTURAL PHENOMENON (MATERIALS OF THE ALL-RUSSIAN ROUND TABLE WITH INTERNATIONAL PARTICIPATION, MAY 2023, ROSTOV-ON-DON, SRIM RANEPA)

122-141 10
Abstract

The purpose of this work is to refute the point of view of a number of theorists about the legal "backwardness" and programmed implementation doom of domestic public (and, above all, criminal) law. In this article, the author declares and argues the thesis that domestic criminal law (Russian/Russian) was initially, from the moment of its formation, based on the traditions of classical Roman law in its most developed Byzantine form. The reception of Roman law into Russian criminal law was carried out in two directions: canon law and secular law. And if the vector of Byzantine influence on the development of secular criminal law has faded over time, then canon law continues to test it to this day. As a result, the author substantiates the conclusion that understanding the true historical roots of the formation of domestic law forms the foundation for its development at the moment and frees the reform of Russian criminal law from artificially imposed dependence on the trends of development of European public law.

142-149 15
Abstract

The article outlines the socio-political, theoretical and methodological foundations of the criminological knowledge of criminal propaganda in cyberspace. The destructive impact of criminogenic information on the Internet on the preservation and strengthening of Russian cultural values has been established. The author's concept of criminal propaganda in the information and telecommunications space is proposed and its meaningful features are determined. The theoretical significance of the knowledge of the criminological patterns of criminal propaganda in cyberspace is substantiated and directions for its further study are formulated. 

150-155 15
Abstract

The scientific article examines the state of speech culture in the realities of today among young lawyers and ordinary people, legal and legal approaches to the use of professional terminology by lawyers when communicating with each other, and also shows the most typical mistakes that are made in spoken and written speech. The problems raised in the article are aimed at further strengthening the culture of using the state and legal language.

GOLDEN PROPORTION IN JURISPRUDENCE, LEGISLATION AND PRACTICE OF ITS APPLICATION, LEGAL EDUCATION

156-164 16
Abstract

In the context of an uncontrolled process of changing criminal legislation, introducing countless amendments, including those that sometimes contradict each other, violating the unity and systemic nature of the norms of the General and Special Parts of the Criminal Code of the Russian Federation, the issue of achieving balance, stability of the current Criminal Code of the Russian Federation is particularly acute, bringing it into a coherent and structured state. Harmonization of legislation is exactly the process that, in our opinion, contributes to the achievement of this goal. The article examines the concepts of "harmony", "harmonization", including their legislative interpretations, and also gives a general idea of the "golden ratio" and the use of the patterns arising from it for the purposes of harmonizing criminal legislation. The idea of the possibility of using the law of the "golden proportion" and the "divine" irrational number 1.618 is substantiated, for example, in determining the category of crimes (Article 15 of the Criminal Code of the Russian Federation), as well as in constructing sanctions for simple, qualified and especially qualified offenses. The proposals formulated in the article can be used in legislative activities and in conducting scientific and legal research.

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ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)