PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
The article is aimed at developing the structure of the state legislative system aimed at sustainable development. At the present stage of development, the state remains the only force capable of organizing society, coordinating individual and group behavior, and providing a power-normative order for solving common problems that threaten the foundations of people’s livelihoods. The authors believe that the theory of sustainable development, perceived in world politics, as a strategy for the future, has serious contradictions. The failure of the theory of sustainable development as a holistic concept should not lead to ignoring the problems it is aimed at. At the present stage, the most effective measures may be those taken at the level of individual states and their regional associations. It is concluded that solving the problems of sustainable development determines systemic changes in the structure of national legislation. Using the example of the Russian Federation, the authors developed the structure of such a legislative system.
This article presents the historical experience of state reforms, which are one of the most urgent tasks of Russian historical science throughout the entire period of its development. The Law of February 19, 1861 is not considered as a separate, isolated act, but represents the basis for the modernization of the entire state system. The author notes that the study of the legislative activity of the highest state institutions of the Russian Empire in the era of fundamental reforms of the 1860s and 1870s makes it possible to better understand the processes taking place in the authorities of the Russian Federation today.
The article is devoted to the analysis of transcripts of Circassian adats / khabze in terms of norms relating to class relations and political institutions (pshchyshkhue / grand duke / valii, hey / princely court, mekhkeme) of the late 18th - early 19th centuries. The norms of the period under review indicate a democratic transformation of the class structure of traditional Circassian society and the influence of Sharia on political institutions. Khabze, recorded in the 1840s and 1860s, demonstrate that the code of Adyghe khabze, despite the divergence of socio-political development in the east and west of the country, continued to develop as a single system of law.
At the end of the XVIII century, the peoples of the North Caucasus began a national liberation struggle against the colonization policy of tsarism. The highlanders, led by the first Imam of the Caucasus, Sheikh Mansur, for the first time in Modern history, attempted to create a single Caucasian Islamic state. Based on the analysis of scientific publications of domestic and foreign researchers, the author made an attempt to summarize the information available in them about the state structure of the Imamate Sheikh Mansur and highlight the main features and features of the formation of his power structures.
The article is devoted to the study of the legal status of the non-Muslim population of the Ottoman Empire and the transformation of this status in the era of Tanzimat reforms. The author analyzes the doctrinal foundations of Islamic legislation in terms of regulating the life of non-Muslim communities, combining the study of the letter of Muslim law with the historical context. A comparative analysis of Islamic theoretical and legal material, coupled with socio-political processes, is carried out. The emphasis of the study is on studying the transformation of the millet system under the influence of Western European legal thought with the aim of creating a modern nation. The relevance of studying the legal aspects of regulating the lives of non-Muslims in the process of changing the legal status of non-Muslim communities in the structure of Ottoman society is shown. The author comes to the conclusion that although changes in the legal status of other religious communities took place in this era, nevertheless, they did not allow the creation of a single homogeneous society based on a common identity.
The article is devoted to the consideration of the regularities of the development of the integrative understanding of law based on the study of the content of the nature of law, the understanding of the elements of the process of normogenesis /formogenesis in the theory of law and the study of the peculiarities of the formation of the method of integrative legal understanding. Much attention is paid in the article to the analysis of the transformed form of social norm and its role in the development of the methodology of social sciences and the study of the nature of law.
The article examines the problem of systematizing terms in the field of legal protection in the context of improving the theoretical foundations of law enforcement. Based on the terminological method, a comparative legal study of law enforcement terminology was carried out. The terminological status and role of terminological phrases in defining the concepts of legal protection are clarified. An approach to the formation of law enforcement terminological systems is substantiated, taking into account the difference in the content of legal protection through the protective function of law and law enforcement activities.
The article analyzes the scientific literature on the Code of Laws of the Russian Empire. The author characterized, summarized, and systematized the critical comments of lawyers regarding the Code of Laws. The work highlights non-constructive and constructive aspects of scientific criticism. On this theoretical basis, it is proven that the systematization plan chosen by M. M. Speransky turned out to be a real path, which was subsequently followed by other codifiers of domestic law in the twentieth century. The criticism of the Code of Laws revealed justified comments that contribute to the improvement of legal systematization techniques. By summarizing them, the author formulated rules for systematizing legislation that remain relevant.
The article is devoted to identifying the main theoretical provisions that determine the development of modern democracy. The work substantiates the social and consolidating significance of the idea of democracy. The study highlights the principles and concepts that define the essence of democracy. Using the comparative method, the differences between democracy and democracy and self-government are formulated. Such topical problems of modern democracy as the search for a source of power among the people, the possibility of exercising public power by all the people are analyzed. The author concludes that there is no universal theory of democracy and ready-made forms of its implementation, which is explained by the diversity of the composition and needs of the social life of individual peoples. Therefore, the theory and practice of democracy should be based on the historical experience of implementing various forms of population participation in power relations.
This article examines the concept and characteristic features of legal education and legal education, reveals the main problems and causes of legal illiteracy of young people and the younger generation. The main ways of solving the issue of legal nihilism are analyzed. The role and importance of legal education in the prevention and prevention of offenses among young people is revealed.
PROBLEMS OF CONSTITUTIONAL LAW
Based on the analysis of the text of the Law on the Amendment to the Constitution of the Russian Federation (2020), new aspects of the scientific and doctrinal legal understanding of the system of means and spheres of ensuring the state sovereignty of the Russian Federation are investigated: from the standpoint of ensuring the effectiveness of domestic governance; the formation of the legal foundations of the functioning of state authorities, other state bodies, local self-government bodies as a "unified system of public power". The analysis and systematization of the novelties of regulation of "subjects of competence and powers" is carried out; the assessment of the State Council of the Russian Federation as an institution capable of countering the threats and risks of globalization and international and intra-state regionalization is given.
The article examines the historical features of the emergence and development of domestic constitutionalism. The historical events and facts in which constitutionalism manifested itself most clearly are analyzed. The reasons for the fact that the Russian Constitution was not adopted in the monarchical period are indicated. The reasons for the events are explained. It is considered that the published constitution was first adopted during the republican period, despite the fact that during the monarchical period, prominent statesmen devoted a huge amount of time and effort to developing constitutional projects and even attempts were made to form a legal space for the subsequent adoption of the constitution. It is concluded that constitutionalism is immanent to the state power itself, even in the actual absence of a published constitution.
The article analyzes the stages ofimproving federal relations in theRussian Federation. The author states that the improvement of federal relations contributes to the solution of many issues concerning Russian society. It is noted that the federal government and the authorities of the subjects came to a compromise on the issue of interest to them, which was reflected in the formation of the Federation Council – the upper house of the country's parliament, its reforms were analyzed. It is proposed to transfer to the Federation Council the issue of submitting candidates to the regional parliament for the post of head of the region, since in the Russian Federation, characterized by a high degree of centralization of the public administration system and a significant amount of powers belonging to the federal center in relations with the regions, it is the solution of this issue that would be most relevant, as a body of people's representation in the highest echelon of power. It is concluded that the creation of federal districts and the appointment of presidential plenipotentiaries strengthened the vertical of power. The author notes that the most important direction of the federal reform is the restoration of the internal state sovereignty of Russia and the supremacy of federal power.
PROBLEMS OF CIVIL AND LABOR LAW
This article notes that a characteristic feature of the legal status of a child as a subject of legal relations in the field of health care is their vulnerability, since on the one hand in the field of health care they have all the rights and freedoms on an equal basis with the adult population, but on the other hand, they practically cannot realize in full, due to complete dependence on the will of parents, guardians, trustees and other legal representatives. The author comes to the conclusion that a child is a special subject of law and a participant in legal relations in the field of healthcare.
The legislator, against the background of ongoing incidents related to the use of gas in everyday life, which resulted in deaths and significant material damage, carried out large-scale changes in legislation regulating the maintenance of indoor gas equipment, aimed, among other things, at ensuring the safety of the use of indoor gas equipment, at eliminating from the specified market numerous organizations admitted earlier. This situation requires urgent legislative changes, taking into account the development of gasification in the Russian Federation and the rapid increase in new natural gas consumers.
In the context of rapidly developing digital technologies, the problem of lagging legal regulation from the existing realities of public relations is increasingly being discussed on international platforms and forums. This problem is especially clearly visible in the "sensitive" areas of regulation related to the implementation and protection of fundamental human rights. This article is devoted to the analysis of changes taking place in labor relations in connection with the development of artificial intelligence and robotics, as well as their impact on human rights in the field of labor. Assumptions are made about the updates that will occur in the near future, taking into account the current trends in international norms and national legislation.
PROBLEMS OF CRIMINAL AND PROCEDURAL LAW
The article substantiates the need to legislatively consolidate the purpose of criminal proceedings – establishing the truth in a criminal case. Without a focus on establishing the truth in a case, there is no criminal procedural activity; it cannot be fair.
Recruitment of children into terrorist organizations is a global trend, an unchanging feature of modern terrorism, requiring a timely and tough response from national states, as well as international cooperation in the field of protecting children, providing assistance to them in order to minimize the risks to which these children are exposed. Based on a study of international legal norms, the article reveals the status of children recruited by armed, including terrorist organizations, and also analyzes the reflection of such norms and obligations in Russian legislation and law enforcement practice. It concludes that the growing number of children under 18 years of age involved in terrorism-related activities requires an appropriate response from states based on international law, respect for human rights and the rule of law.
The article is devoted to topical issues related to unequal procedural rights and procedural capabilities of participants in criminal proceedings on the part of the prosecution. The article analyzes the most problematic issues of the current law enforcement practice in this area, provides the most characteristic examples of the lack of procedural equality of participants in criminal proceedings on the part of the prosecution, the lack of rights and procedural capabilities of such participants as the victim and the civil plaintiff in comparison with such participants as the investigator, investigator, head of the investigative body, prosecutor and others. A brief comparative analysis of the procedural capabilities of the plaintiff in civil proceedings and the civil plaintiff in criminal proceedings is given. Proposals have been developed and formulated on the need to make the necessary changes to the criminal procedure legislation in order to expand procedural opportunities for the realization of the rights of the victim and the civil plaintiff to full access to justice.
CONTROVERSIAL ISSUES
The article outlines the legal reasons for the termination of the USSR as a single state, which were numerous violations of the Constitution of the USSR, Laws of the USSR, and changes in legislation. The reasons that led to the end of the USSR were objective and subjective factors: civilizational and valuebased –the rejection of the state-legal values of socialism, the inaction of the President of the USSR in the matter of protecting the Constitution and laws of the USSR, state sovereignty and territorial integrity of the USSR. A political and legal analysis is given of the results of the USSR referendum of March 17, 1991, the creation and activities of the State Committee for a State of Emergency (GKChP), and the Belovezhskaya Agreement. Attention is paid to the facts of inaction of the President of the USSR M.S. Gorbachev. It is concluded that the authors of the Belovezhskaya Agreement opposed the will of the people expressed in the referendum, and the Belovezhskaya Agreement itself contradicted the laws of the USSR. Based on the given norms of the 1977 USSR Constitution, memoir sources and publications of modern researchers, a legal assessment is made of the cessation of the existence of the USSR as a single state. The history of the end of the USSR allows us to rethink the question of the place of state ideology in the system of state legal values.
The article discusses the problems associated with a broad interpretation of the law when bringing to administrative responsibility in cases of discrediting the Armed Forces of Russia in the framework of using it to protect the interests of the country, its citizens, as well as maintaining international peace and security.
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