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North Caucasus Legal Vestnik

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No 3 (2024)
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PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE

9-14 23
Abstract

   In this article the authors justify the statement that the outstanding philosopher Immanuel Kant not only rightly considered the author of the doctrine on the rightness of the state with a republican form of government, but is the creator of the concept of the moral-legal state, in which, along with the traditionally recognized features, the requirements of a moral categorical imperative must be respected, which plays a key role in the scientific discourse of the concept mentioned above and is still relevant.

15-23 43
Abstract

   The data of language dictionaries provide grounds for distinguishing two main historical meanings of the term “uzden”: 1) feudal nobility (uzden) and 2) personally free peasants (“uzden”). A methodologically important position for analyzing the existence of the term “uzden” in North Caucasian societies of the Middle Ages and modern times is the thesis on the need to separate the class origin and service status of princely vassals. The Mongolism “uzden”, borrowed into North Caucasian languages at different times and for various extralinguistic reasons, changed its semantics depending on the historical era and the social realities of a particular society. But ultimately, the diverse interpretations of the term “uzden” turn out to be closely related to the ideas of the eras under consideration about the idea of freedom.

24-29 20
Abstract

   The article is devoted to the study of the value of customary law and its regulatory role. Customary law plays an important role in preserving the traditions and cultural heritage of the peoples of the North Caucasus, reflecting the unique characteristics of a particular people, their values, norms of behavior and, very importantly, from the point of view of modern legal understanding, ideas about justice. The paper shows the regulatory potential of customary law, and suggests an author's approach to understanding customary law.

30-40 40
Abstract

   The relevance of this study is due to the intensification of public policy pursued by the authorities of Romania and the Republic of Moldova and aimed at the possible unification of the Republic of Moldova and Romania.

   With such a development of events, the termination of the existence of Moldovan statehood is possible and, thereby, the creation of a precedent similar to that which took place in the XIX century.

   The purpose and objectives of the study are to form a scientifically sound conclusion, analyze historical events and legal actions that led to the termination of the existence of the Moldavian Principality in the XIX century.

   In the course of the research, general scientific and special research methods were used: systemic, logical, analysis and synthesis, historical, interpretation and others. As a result of the study, based on the analysis of a sufficient number of scientific historical sources and normative legal acts, it is proved that the formation of Romania as a state became possible as a result of the external influence of interested, so-called patronizing states. The result of the formation of Romania was the disappearance of Moldovan statehood for more than 60 years.

41-48 23
Abstract

   The article examines a little-known historical and legal problem related to the citizenship of the South Ossetians of the Georgian feudal monarchy and Georgian kings. The little-researched problem raised seems not only relevant from the point of view of Russian history and jurisprudence, but also interesting from the socio-political position of today, when relations between Georgians and Ossetians have significantly deteriorated not only because of the genocide organized by the Georgian authorities against South Ossetians in 1920, 1989-1992 and 2008, but also the complete separation of South Ossetia from genocidal Georgia. The article is debatable, but the facts presented here seem convincing and reasoned.

49-57 21
Abstract

   The article examines the features of the judicial system and the exercise of judicial power in North Ossetia in different historical periods. It is argued that they are determined by a complex of specific reasons, among which the reasons of a spiritual-ideological, historical-political, legal and socio-psychological nature stand out. The main role of the Ossetian military intelligentsia in introducing their people to Russian, European culture, way of life, forms of government, including in the sphere of judicial power, is noted. The issues of organization and abolition of various judicial institutions in the 19th-20th centuries, their dependence on local characteristics and frequent transformations of administrative and judicial institutions in this period are considered. The activities related to the establishment of Soviet courts are covered. The new judicial system and the principle of formation of the judiciary in the post-Soviet period are revealed and criticized. The activities of the abolished constitutional (statutory) courts of the constituent entities of the Russian Federation are assessed positively and convincingly. Proposals are being made for the organization of constitutional councils in the constituent entities of the Russian Federation.

58-62 23
Abstract

   A relevant and controversial aspect in the modern theory of law in the development of the modern doctrine of the legal system is the question of the intersectoral division of the Russian legal system, the criteria for its construction, as well as the isolation and systematization of legal norms that are complex in nature.

   The purpose of the article is to establish intersectoral connections, criteria for systematization and the place in the system of Russian law of urban planning norms as a legal community that combines elements of private law and public law influence in the mechanism of legal regulation.

   A systematic approach and such logical research methods as analysis and synthesis made it possible to determine the place of urban planning norms in the system of Russian law as an independent branch of law with a special mixed type of legal regulation.

   Scope of application of the results: the main results and conclusions of the study can be used as the basis for the formation of new approaches to building a legal system and criteria for differentiating legal norms. In addition, the recognition of urban planning law as an independent branch of law will significantly facilitate the processes of law enforcement and law-making activities in the urban planning industry.

   Conclusions: the totality of the subject, method, principles, goals and functions of urban planning norms, forming a special mechanism of legal regulation, indicates the qualitative originality of the regulated sphere of social relations and the isolation of urban planning law as part of the Russian legal system as a branch of law. At the same time, the complex nature of urban planning law by type of legal regulation is due to the interpenetration of private law and public law interests.

63-68 23
Abstract

   The article considers such concepts as tolerance and legal literacy, analyzes the formation of the concept of "tolerance". The role and importance of the educational environment and legal literacy in the formation of tolerant youth are revealed, and the main ways of improving legal literacy among young
people and schoolchildren, solving the problems of legal illiteracy of the younger generation are listed.

   In our opinion, the relevance of considering the issue of tolerance is related to the globality of the issue under study, since public order and international peaceful coexistence depend on a tolerant society.

   The hostility of different groups, nations, and states becomes the cause of internecine strife, numerous wars that have been going on for a long time. In our opinion, legal literacy acts as a locomotive in ensuring a high level of tolerance among the younger generation, and therefore, in the future, of the whole society, which has a positive effect on interethnic, interethnic, interfaith and international relations throughout the world as a whole. This article also highlights ways to achieve a tolerant attitude of young people towards each other in the process of gaining knowledge, improving the level of legal knowledge, skills and abilities, where each teacher sets himself the goal of forming a tolerant attitude among students towards different opinions, views, foundations, etc.

69-76 25
Abstract

   With the application of artificial intelligence in many fields, it has had a profound impact on human social relations, and the traditional civil law provisions have demonstrated a legal lag in adjusting artificial intelligence. The definition of the legal nature of artificial intelligence further determines its legal protection methods and regulatory models. This article analyzes and compares the advantages and disadvantages of the three possibilities of artificial intelligence becoming a legal object, a legal subject and a legal fiction subject. From a functional perspective, we explore the theory of the rights and responsibilities of artificial intelligence, try to construct an idea of identifying artificial intelligence as a legal subject, and explain the legal normative advantages brought by this.

PROBLEMS OF CONSTITUTIONAL, ADMINISTRATIVE, INTERNATIONAL LAW AND LOCAL SELF-GOVERNMENT

77-89 26
Abstract

   The article examines the constitutional transformations of the political systems of the Central Asian states, which had an impact on the structure, powers and competence of the key power actors that make up the apparatus of public power, the political practice of their functioning and interaction with each other, which in turn affected the choice of the form of government and the configuration of political forces in the post-Soviet states under consideration. The authors trace the relationship between the constitutional reforms carried out in the post-Soviet states and the choice of the form (i.e. model) of government. As a result, the authors concluded that the two Central Asian countries under consideration, Tajikistan and Uzbekistan, have chosen a presidential (presidential-centric) model of government, with strict autocratic tendencies in public administration, which is explained by the type of political leadership and the mentality of the majority of the country's electoral corps. Whereas Kazakhstan, which has long adhered to the same formula as the two above-mentioned countries, since the constitutional reforms of 2017. There is a transformation from a super-presidential to a presidential, and subsequently a mixed republic, while retaining key powers of the head of state.

90-96 24
Abstract

   The article is devoted to the analysis of the features of local self-government in the Republic of Georgia at the end of the 20th–21st centuries. This study allows us to assess the legal development of local self-government in Georgia during the period under review and analyze the problems of interaction between central and local authorities. According to the author, in the conditions of managing society during the period under review in Georgia, elements of state administration and local self-government were combined. Throughout the 20th century, methods of public administration were predominant. However, already at the beginning of the 21st century, the process of changing the functions of managing the affairs of society actualized the problem of creating an independent system of self-government. This was partly facilitated by Georgia’s accession to the Council of Europe in 2000, and as a consequence of this, by the assumption of obligations to reduce the direct influence of the state on local governments, as well as the formation of exclusively elected local authorities. Consequently, improving the structure of local self-government in the Republic of Georgia, on the one hand, and the procedure for its interaction with government bodies, on the other, constituted the content of municipal construction at the end of the 20th and beginning of the 21st centuries.

97-104 48
Abstract

   This article is the next stage of the author's research in the field of international security problems, the emerging international emergency law (PIL) and is a continuation of the existing scientific and practical discourse on the problems of understanding legal problems related to the search for effective regulators in the field of PMSC activities. Considerable attention is paid to the analysis, search and formation of a modern concept of regulatory regulators of PMSC activities. Based on the study of international legal "soft" regulation, as well as the available examples of national regulation of a number of states, the article analyzes the existing draft legislative acts on the regulation of PMSCs in the Russian Federation. The methodology of the research includes the methods of general scientific, comparative political and legal analysis.

PROBLEMS OF CIVIL AND BUSINESS LAW

105-114 44
Abstract

   The article continues a series of thematic publications on this issue [1, 2]. By Decree of the President of the Russian Federation of 07.05.2024 № 309, in order to ensure sustainable economic and social development of the Russian Federation, strengthen state, cultural, value and economic sovereignty, increase the country's population and improve the standard of living of citizens, based on traditional Russian spiritual and moral values and principles of patriotism, the priority of man, social justice and equality of opportunity, ensuring state security and public safety, openness to the outside world,
national development goals of the Russian Federation for the period up to 2030 and for the future up to 2036 were defined. The phenomenon of transsexualism and gender reassignment is most sensitively manifested within the framework of state family policy as one of the fundamental value bases for preserving the population. Taking into account the need to revise legislation to achieve the targets and fulfill the tasks provided for by Decree № 309, raising the question of the moral and ethical aspects in relation to the natural scientific content of transsexuality, its historical development and modern paradigms of legal regulation of gender reassignment is appropriate and timely.

115-120 39
Abstract

   The significance of this research topic emerges from the evolution within the legal framework supporting state regulation of entrepreneurial activities, alongside significant shifts in the economic sphere of state affairs. These shifts prompt a legislative response to new challenges. A focal issue is the cessation of partnerships between Western corporations and the Russian market, coupled with the rise of «parallel imports». This phenomenon entails the legal purchase of goods listed by the Ministry of Industry and Trade from abroad, even if they originate from countries that lack amicable ties with Russia.

   The purpose of the study is to consider one of the urgent problems of legal support for state regulation of entrepreneurial activity – the legislative technique of legalizing parallel imports.

   Materials and methods. The research materials were normative legal acts of the Russian Federation, monographic studies and scientific articles by domestic theorists and practitioners on the legal support of state regulation of entrepreneurial activity. The main methods of scientific research include the normative and comparative legal method.

   Results and conclusions. It should be noted that the system of legal regulation of parallel imports and exemption from liability of the business sector for its implementation has formed a number of problematic issues in practice. In particular, according to legislative innovations, the ban on the use of intellectual property objects through their parallel import is a thing of the past, however, the wording and legal structure of the changes that have entered into force are of concern, the literal interpretation of which allows us to conclude that at the moment any entrepreneur can freely adapt the methods of acquiring intellectual property objects of foreign rightholders for further resale whose product is subject to parallel import, which does not correspond to the main objectives of the law. In general, considering the controversial nature of parallel imports, it should be concluded that this procedure is not new to international legal doctrine and is applicable in the civil turnover of many countries. The purpose of legalizing parallel imports is seen in providing support to the domestic business sector through limiting a number of economic benefits for foreign producers, which is temporary.

121-128 21
Abstract

   The article attempts to consider the issues of legal regulation and protection of new objects that arise in the process of developing creativity on the Internet. The authors examine the legal regulation of objects created using deepfake technology in Russia and abroad and substantiate why deepfake, under certain conditions, can be classified as such an object of copyright as a work. They consider the best practices in regulating deepfake technologies in various countries that have achieved the greatest success in legal regulation of deepfakes (USA, China and Singapore).

   The main conclusion of the article is the formulation of proposals for improving Russian legislation to regulate problematic issues associated with the creation of deepfakes.

PROBLEMS OF CRIMINAL AND PROCEDURAL LAW

129-135 26
Abstract

   The article reveals the problems of legislative regulation of provisions on official forgery as a crime; these include understanding of the official document, use of official positions with special crimes, forms of acts in official forgery. Blanket disposition part 1 art. 292 of the Criminal Code of the Russian Federation makes it difficult for law enforcement officers to have a uniform understanding of the subject of official forgery, and therefore there is a need to study the concept of an official document as the subject of a crime. An analysis of the legislative definitions of “document”, “official document”, as
well as an explanation of the subject of official forgery presented in the resolution of the Plenum of the Supreme Court of the Russian Federation, made it possible, in order to bring judicial practice to uniformity, to conclude that it is advisable to supplement Art. 292 of the Criminal Code of the Russian Federation with a note on the concept of an official document as the subject of official forgery.

136-143 42
Abstract

   Based on the analysis of the works of legal theorists and scholars devoted to judgments about the legal nature of judicial practice as a source of law, its role and place in the Russian legal system, the authors stated that the independence of judicial practice was recognized only at the doctrinal level, but the value of judicial practice for the activities of courts, the improvement of legislation and the fruitfulness of science was not disputed. The study of the normative consolidation of the category of judicial practice in legislation made it possible to show the procedural nature of judicial practice as a procedural institution, and the definition of its subject classification will improve the procedure for systematizing judicial practice.

144-154 26
Abstract

   In the context of today's challenges and threats, one of the priorities of state policy in Russia is the strengthening of traditional spiritual and moral values, of which sexual relations are an integral component. The legal component is the most important tool in the mechanism of traditional spiritual and moral values, including norms providing for legal responsibility for non-compliance with the rules of conduct established by legislators in this area. Within the framework of this article, the authors analyzed the features and problems of the norms on administrative and criminal liability that protect traditional values in the field of sexual relations, and proposed options for improving these norms.

155-163 27
Abstract

   Currently, in conditions of intensive development of infrastructure, the main component of which is transport, one of the main tasks of the state remains to ensure road safety. Decree of the Government of the Russian Federation No. 1-r dated 08.01.2018 approved the Road Safety Strategy in the Russian Federation for 2018-2024, which defines the foundations for the formation and implementation of state policy in the field of road safety at various levels (federal, regional, municipal, intersectoral).

   Improving road safety and striving to achieve zero deaths in road accidents in 2030 is its goal.

   For 2024, the social risk indicator has been set as a target – no more than 4 deaths per 100,000 people. The article analyzes some features of the inspection of the scene of an accident in criminal cases of violation of traffic rules and operation.

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