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North Caucasus Legal Vestnik

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No 1 (2023)
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PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE

7=13 4
Abstract

The article analyzes the importance and significance of the revival of the spiritual and moral foundations of Russia and suggests ways to strengthen them. Moral degradation of a person leads to his intellectual degradation. The moral code of a citizen of Russia should be the quintessence of the national spirit (idea) of the entire multinational and multi-confessional Russian people and be attractive to the peoples of other countries. Disregard for moral rules and their violation should be regarded as opposing oneself to the people, society and the state. A high level of human consciousness should determine his existence even in the digital age. Through the observance of the moral law, first of all, by state officials, the right will have the opportunity to truly become the art of goodness and justice. Compliance with spiritual and moral values is of particular importance for judges and officials of criminal justice bodies engaged in the fight against the most dangerous evil and injustice.

14-25 6
Abstract

The article analyzes the formation of criticism and scientific criticism in jurisprudence, taking into account the experience of developing critical thought in Russia, highlighting the theoretical constructions of A. V. Nikitenko, V. G. Belinsky, I. Kant. The development of the ideas of criticism in Russian jurisprudence of the 19th–20th centuries is briefly characterized, the problem of the formation of the theory of scientific criticism in the Soviet period of Russian history is posed.

26-33 3
Abstract

The presented material sets out a set of theoretical and methodological requirements that publications on the problems of the history of the Soviet state and law should meet. The author names the types of methodological errors made by the authors of publications and gives recommendations for their elimination. It is concluded that the task of revealing the history of the Soviet state and law can be solved only at the level of theoretical research.

34-40 5
Abstract

The article is aimed at updating the political and legal discourse on ways to improve the state system in Russia. The author proposes to comprehend the works of N. N. Alekseev scientifically and critically, who proposed the theory of a righteous (guarantee) state. The article proves that this model corresponds to the mental characteristics of Russians and at the same time is based on the universal values of freedom, equality, truth, peace, harmony, unity, justice, which are the essence of law. The author concludes that the key ideas and scientific approaches of N. N. Alekseev not only remain relevant but can also be an example of a theoretical justification for the development strategy of the Russian state.

40-47 3
Abstract

The relevance of the theme is seen in the fact that in the post-Soviet period there was a blurring of the criteria for scientific reconstruction and assessment of the problems of revolution and counter-revolution in Russia. The purpose of the work is to provoke a critical reflection on the methodological and ideological turn that has taken place. According to the author, the reverse side of the restoration of the conservative and right-wing liberal historical-legal and theoretical-legal discourse was the unreasonable rejection of the principles of dialectical thinking in the works of post-Soviet authors and, as a result, the reideologization of the historical-legal sphere of academic knowledge. The idea is substantiated that the modern scientific optics of understanding the problems of revolution and counter-revolution in Russia should include not only a specific understanding of the essence of the pre-revolutionary system (dependent peripheral capitalism), but also an assessment of the confrontation between the revolutionary movement and the tsarist regime from the point of view of a concretely understood social ideal. The first steps of this ideal in historical practice are reflected in the images of high culture.

48-55 4
Abstract

The article is dedicated to analyze the worldview as a phenomenon of the spiritual life of society and individuals, as a way of spiritual and practical development and transformation of the natural and social world. It states that worldview cannot be reduced to any distinct form of social consciousness or to a combination of those forms, that it is not an average element in the structure of social or individual consciousness, but an integrating beginning of it.

56-61 4
Abstract

The article discusses modern digital technologies that affect the main spheres of life of the state and society. Special attention is paid to the processes of metaverse formation. The problems of legal regulation of public relations in the meta-industry in the context of the functioning of key legal institutions are analyzed. The current trends in the development of digital technologies and their impact on state control and legal regulation are indicated. The problem of the transborder nature of the metaverse in the context of the jurisdiction of states is considered. The experience of advanced states in this process is shown through the use of ethics and legal norms in the virtual space. The main problems of legal regulation of the metaverse are analyzed and measures are proposed to minimize threats, risks and challenges associated with the digitalization of public relations.

ПРОБЛЕМЫ КОНСТИТУЦИОННОГО, АДМИНИСТРАТИВНОГО И ЭКОЛОГИЧЕСКОГО ПРАВА

62-67 3
Abstract

The article discusses the issues of the formation and legal regulation of the passport system in the period after the revolution of 1917 to the present. The analysis of the normative legal acts of the Soviet period and the measures taken by the authorities in order to ensure the registration of the population and the organization of control of migration processes is carried out. Special attention is paid to the period of the establishment of a unified passport system throughout the USSR in December 1932, the role of residence registration and the peculiarities of the certification of the population in certain localities and rural settlements are noted. The adoption of the Resolution of the Council of Ministers of the USSR on August 28, 1974 «On approval of the Regulations on the passport system in the USSR» is considered as the most important stage in the development of the Soviet passport system. The article also draws attention to the development of the passport system in the post-Soviet period, marked by the adoption of the Law «On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation», the abolition of permissive registration and the introduction of notification registration. In the article, the authors draw conclusions about the influence of the Soviet passport system on the choice of place of residence and freedom of movement on the territory of the country.

68-74 7
Abstract

The article examines the key features of the environmental legislation of Ancient Russia, the Moscow state and the Russian Empire, examines the transformation of the target orientation of this process, analyzes the key positive and negative aspects characteristic of the domestic system of environmental regulation at various historical stages of its development.

75-80 4
Abstract

The article is devoted to research on the constitutional basis of legal regulation of the right to health and health care in foreign countries of Europe, Asia, South and North America based on the analysis of the constitutions of foreign states has been conducted. The Russian doctrine and foreign experience regarding the methodology and content of the relevant legal impact in the field of healthcare are included. Subjective competencies in the field of health care are investigated, the same standards that have received constitutional recognition in most foreign countries are identified.

81-86 4
Abstract

The relevance of the presented article will be confirmed by the fact that the extractive sector today occupies an increasingly dominant position for the domestic economy, especially after the adoption by the Russian Federation of the «Strategy for Sustainable Development until 2035». Nevertheless, the management of extractive resources has always been a serious problem for many countries of the world. The article outlines the fundamental principles, policy options and best practices that form license for sustainable development activities depends on an open and comprehensive approach to filling out its regulatory content. Russia, as a key player in the energy market, is interested in maintaining and increasing the production of hydrocarbons, so the further exploitation of Arctic energy resources is an urgent problem. However, the implementation of oil and gas projects in the Arctic is characterized by a poor impact on the natural environment, which leads to a violation of the ecological balance in the Arctic and affects the stability of its ecosystem, which is one of the most vulnerable ecosystems on the planet. The main purpose of this study is to understand how the implementation of oil and gas projects in Arctic is characterized by a poor impact on the natural environment, which leads to a violation of the ecological balance in the Arctic and affects the stability of its ecosystem, which is one of the most vulnerable ecosystems on the planet. The main purpose of this study is to understand how the implementation of oil and gas projects in the Arctic through the licensing system affects the ecosystem, assess the significance of this process and find out what the state and business could do for its successful implementation.

ПРОБЛЕМЫ ГРАЖДАНСКОГО, ПРЕДПРИНИМАТЕЛЬСКОГО И МЕЖДУНАРОДНОГО ЧАСТНОГО ПРАВА

87-93 3
Abstract

The article analyzes the uniqueness of the institution of the family and the reasons for its destruction. A number of patterns are indicated that allow us to talk about the historical mission of the family. It is concluded that it is necessary to reform certain provisions of the Family Code and, taking into account the priorities of the state family policy, to reassess existing ideas about the possibility of legal regulation of non-property relations of spouses in the family. Despite the «revolutionary» nature of some proposals, the article aims to invite discussion.

94-101 5
Abstract

The article deals with the theoretical and practical aspects of the institution of precontractual liability in civil law. In particular, the variety of interpretations of the concept of «good faith» and the problems associated with the lack of a common denominator regarding the allocation of its special properties are investigated; signs of dishonest behavior are indicated, such as the provision of incomplete or inaccurate information to a party and the sudden termination of negotiations by one of the parties, provided that the other party could not have expected this to happen. The problems of creating a comfortable «contractual environment» were also investigated and judicial practice on the stated issues was studied.

102-108 4
Abstract

In connection with the change in the nomenclature of scientific specialties, the term «economic activity», which was used mainly in the field of public law, is firmly in use in the field of private law sciences. In the article, in relation to related categories, the concept of «economic activity» is analyzed in the private legal aspect, the classification of types of economic activity, its main forms is given. The practical significance of understanding the content of the concept of «economic activity» is to determine its legal regime, the legal status of subjects, the distinction between the subject of civil and arbitration procedural legislation.

109-119 4
Abstract

One of the features of the modern model of interaction between legal systems is the competition between national jurisdictions. The states use different methods to improve the efficiency of their courts in order to make their jurisdictions more attractive. The competition between jurisdictions is actively influenced by political processes. A striking example of the impact of politics on jurisdictional issues is Brexit. This article aims to consider the topical issues caused by the UK's exit from the single legal space of the EU in terms of the functioning of the civil justice system, the consequences of these processes for the mechanisms of choice of jurisdiction. Using the comparative legal method, this article explores the consequences of Brexit for Russian companies and Russia’s jurisdiction, including in connection with: a) the continuing practice of dispute resolution between Russian companies or Russian businessmen in London; b) the new conditions of competition between British and European, especially French, courts for attraction to their jurisdictions; c) the need for dispute resolution on a number of pressing issues, including those caused by the complicated geopolitical situation. The materials used include UK and European legal literature, the reports of the Council of the European Commission for the Efficiency of Justice and expert opinions of Russian and European lawyers. The conclusions include practical recommendations on how to improve the competitiveness of Russia’s jurisdiction and protect Russia's interests in the legal sphere. This article highlights the need to develop cooperation between the Russian court system and courts of the EAEU and EAEU countries, to create a system of economic dispute resolution courts, which would foster the transfer of important civil cases to the Russian jurisdiction or the jurisdiction of the EAEU.

PROBLEMS OF CRIMINAL AND PROCEDURAL LAW

120-126 3
Abstract

The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology is widely used in the formation of modern criminal law and that legal reception from foreign legislation is of secondary importance. At the same time, attention is drawn to the fact that the history of criminal law is currently considered an integral part of the criminal law sciences.

127-135 2
Abstract

The article is devoted to the institution of repeated crimes, traditional for Russian criminal law, effective, but excluded at one time from the criminal law. For a certain time, criminal repetition existed only as a scientific category. In the General part of the Criminal law, only certain signs of repetition are mentioned, but there is no definition of it, as well as legal regulation. The need to strengthen counteraction by criminal legal means to certain types of crimes contributed to the beginning of the process of returning norms with a sign of repetition to a Special part of the Criminal Code of Russia. The tendency to expand and increase the number of such norms in the future will require the development of appropriate general provisions. The causal conditionality of the full-fledged return of the institution of repetition to the criminal law is revealed, a possible solution to this issue is proposed.

136-140 4
Abstract

The fight against economic and corruption crimes committed in the financial and credit sphere, as well as crimes related to the legalization of proceeds from crime, is a systemic problem that the state and society must solve together. Law enforcement agencies have at their disposal a sufficient arsenal of criminal law and criminal procedure measures to combat crimes provided for in articles 174 and 174.1 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation). At the same time, due to the relatively short period of existence in the criminal law of the Russian Federation of the elements of crimes related to the legalization (laundering) of criminal proceeds, repeated significant changes in the relevant legal norms, as well as the high latency of these crimes, extensive law enforcement practice of preliminary investigation of relevant criminal cases has not yet been developed. In this regard, it is necessary to analyze and generalize typical ways of committing crimes of this category, as well as to look for and use in practice new ways to resolve problematic issues. The article will help practitioners in the investigation of criminal cases of this category.

141-147 5
Abstract

With the publication of Decree of the President of the Russian Federation of September 21, 2022 N 647 «On the announcement of partial mobilization in the Russian Federation», a range of practical issues arose related to the determination of jurisdiction and arbitrability of disputes involving mobilized persons. These problems arise from legal uncertainty regarding certain aspects of the legal status of a mobilized person. Thus, in order to determine jurisdiction and jurisdiction, it is necessary to clarify not only the subject and nature of the dispute, but also the moment when the status of a military man arises for a mobilized person. The range of issues that are covered by the intersectoral status of a mobilized person as a citizen, a military man, predetermines the jurisdiction and jurisdiction of disputes with his participation both to arbitration courts and courts of general jurisdiction, including military courts in the framework of arbitration, civil, administrative, criminal proceedings. A separate analysis is required by the provisions of the federal law of December 29, 2022 N 603-FZ «On Amendments to Certain Legislative Acts of the Russian Federation» on the suspension of proceedings in a case involving a mobilized person.

148-153 1
Abstract

The article analyzes the concepts of «jurisdiction», «cognizance» and «competence» on the basis of their relationship with each other, in connection with the amendments made to the regulatory legal acts. In points to different procedural consolidation and different understanding of these concepts in the texts of the law, which, according to the author, is unacceptable, and therefore, it is proposed to introduce appropriate changes to the current legislation.

ПРОБЛЕМЫ ТРУДОВОГО ПРАВА

154-160 1
Abstract

Within the framework of this article, the author analyzes the term «social infrastructure», as well as the procedure for its application in modern Russian legislation, the author also examines the content of this term in various areas of jurisprudence, in order to develop common approaches to determining the signs of labor activity in the field of ensuring the life of the population.

REVIEWS

161-164 3
Abstract

The ideas of Professor P. P. Serkov on the problem of legal relations are considered through the prism of the theory and practice of today's legal policy. This issue was analyzed by him comprehensively, taking into account the information accumulated by representatives of various sciences. The book under review includes an interweaving of historical, psychological, sociological, anthropological, legal ideas, statistical data and attitudes to legal relations in the scientific literature, as well as an analysis of legislation. The author's approach to the study to the study of the mechanism of legal relations and political and legal processes in a broad context using the achievements of social and natural sciences is evaluated. Fundamental research can be the beginning of a new stage of reflection on legal policy, it can become an incentive for further research in the field of legal relations theory.

SCIENTIFIC LIFE

ЮБИЛЕЙНЫЕ ДАТЫ



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