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ON NATIONAL GOALS AND STRATEGIC OBJECTIVES OF THE RUSSIAN FEDERATION - CONSTITUTIONAL AND LEGAL ASPECTS
Author: Vishnyakov, Victor G
Keywords: national goal, the President, the Government, the constitution, the Federation, the system of state management, organization, government bodies
The article considers the actual problems of implementing the breakthrough scientific, technological and socio-economic development of the Russian Federation for the period up to 20254. In the Decree of the President of the Russian Federation of May 7, 2018, ensuring the achievement of these tasks becomes Russia's national goals. Priority is the provision of sustainable natural growth in the population of the Russian Federation, an increase in the expected life expectancy of up to 78 years (by 2030 - up to 80 years), ensuring a steady increase in real incomes of citizens, as well as an increase in the level of pensions above inflation , a twofold reduction in the level of poverty in the Russian Federation. Achievement of these and other development goals of the Russian Federation is the national goal of the state for the first time. It was believed that the market itself is solving all the problems on the path of "self-movement", "self-organization", "self-regulation." Practice has shown that market structures cannot solve the social goals of the development of society in the specific conditions of the country. The article poses the task of considering this issue from the standpoint of increasing the role of the Russian state. The basic legal foundations of national projects will strengthen their effectiveness.
THE REVIEW OF THE BASIC THEORETICAL, LEGISLATIVE AND ORGANIZATIONAL PROBLEMS ON CRIMINAL AND PENITENTIARY LAW AND LAWFUL APPROACHES TO THEIR SOLUTION
Author: Osipian, Boris
Keywords: basic theoretical, legislative and organizational problems on criminal and penitentiary law, lawmetry or measurology of criminal and penitentiary law, the system of the basic measurements and definitions of criminal law, definition of spiritual and legal essence and content, interdependent kinds and elements of structures of corresponding crimes and punishments for sole correction of the condemned criminals and maintenance of the appropriate public law and order
In his article «The Review of the Basic Theoretical, Legislative and Organizational Problems on Criminal and Penitentiary Law and Lawful Approaches to Their Solution» the author by means of consideration and definition of spiritual and legal essence and the content, interdependent kinds and elements of structures of corresponding crimes and punishments for the purpose of sole correction of the condemned criminals and maintenance of the appropriate public law and order offers the true approach to theoretical and legal, legislative and law interpretive, judicial and penitentiary resolution of many most important problems of classical and modern criminal law.
On the main focus of the article there are the issues of the scientific definition, legislative establishment and judicial appointment of corresponding kinds and measures (terms, modes, sizes) of punishments for certain kinds of crimes depending on specific features of the elements of their structures (object, subject, the objective and subjective parts), as well as other legally significant circumstances of their commitment; lawful and stage-by-stage optimization of the purposes of criminal punishments in the course of their application under the individual program of each condemned criminal and expedient replacement thereof for reliable and prompt sole correction and free life of each convicted criminal in a society after departure of punishment, etc.
THE PRINCIPLE OF CORRELATION OF THE PURPOSES, KINDS, SIZES OF A CRIMINAL PUNISHMENT TO THE CHARACTER AND ELEMENTS OF THE STRUCTURE OF THE CRIME
Author: Osipian, Boris
Keywords: unlawfulness, level of public danger, character, purposes, motives and the kind, elements of the crime structure, corresponding purposes, kind and the size, the mode and term of the criminal punishment
In his article «The Principle of Correlation of the Purposes, Kinds, Sizes of a Criminal Punishment to the Character and Elements of the Structure of the Crime» the author by means of the scientific and practical analysis of separate kinds and elements of certain structures of crimes and punishments, on the basis of the notions of «unlawfulness» and «degree of public danger» deduces the most important, both theoretically and practically, corner legal principle of qualitative and quantitative conformity of the character, purposes, motives and kinds of each legislatively provided crime to the purposes, kinds, the sizes, modes and terms of the legislatively established and judicially appointed criminal punishment for the necessary and reliable prevention and suppression of necessary and sufficient crime.
LACUNAE IN THEORY AND HISTORY OF STATE AND LAW OF EURASIA(BULGARS)
Authors: Nabiev, Rustam Fanisovich; Hrustaleva, Olga Nikolaevna
Keywords: Bulgarian-Bulgar community, the North-Eurasian world system, sems, Bulgars, laws Asparuh, Breviary of Alaric, the law of the lyudem» Christianity, Islam, Sharia, the first state religion, Eastern Europe, a set of laws, the city bogomilstvo, Qatar, Protestantism. BB-enclaves Empire Juchids continuity
The article discusses the role of the Bulgars in the development of statehood in the framework of the North-Eurasian world-system (SEMS). Bulgarian-Bulgarian community was formed on the basis of previous hegemonic cultures of the Steppe. The Bulgars were one of the first to adopt Christianity and spread it actively. The first in Eastern Europe the legendary code of laws was adopted by Kan Asparuh. Danube Bulgarians spread legal norms «Breviary Alaric» as reflected in the corpus of «the Law of judgment of the people». The Eastern Bulgars accepted Islam, which was the first state religion on the plains of Eastern Europe. The Bulgarians had a significant contribution to the development of Protestantism. In Western Europe Bogomilovo took the form of a «heresy of the Cathars». A large part of the Bulgarian enclaves last time was combined under the state of the ulus of Jochi. The Bulgars have left their mark in the legal lexicon of the peoples of the heirs. In the political and cultural traditions of the Bulgarian-the Bulgarian community there is a linkage and the influence of some preceding crops, as well as the continuity of the development time from late antiquity to the middle Ages.
FEATURES OF STATE-BUILDING AND RIGHTS OF EMPIRE JUCHIDS («GOLDEN HORDE»)
Authors: Nabiev, Rustam Fanisovich; Abdulganeev, Renat R; Nabieva, Zemfira Rustamovna
Keywords: State and Law, the Golden Horde, the state Juchids empire, XIV century, the North-Eurasian world system (ÑÅÌÑ), writing, state building process, the rate pedigree Chinggisids, Bulgarian-Bulgar community, Bulgaro-Khorezm economic tandem, patchwork, enclaves, province of China, a contract, a label, Grand Duchy of Moscow, the Great Mongol empire, cossack captain, amanat, prison, tamga
The article describes some of the features of statehood «Golden Horde.» Exploring the establishment of the state as the Empire Juchids authors consider it as the form and stage of development of the North-Eurasian world system (SEMS). This allowed them to identify a number of long-term patterns and some special features of the development. Among the features are taken into account: the role of writing in the process of state building, the question of the «Golden Horde» status, the importance of the female line ancestry Chinggisids, the role of the Bulgarian-Bulgarian culture and Bulgaro-Khorezm economic tandem. The article describes a system of land distribution in the Ulus IUI, and for the first time indicated the modern name of China»s counties, in which acted Ulus Jochi administration. Reconstructed some of the provisions of standard contracts khans with their vassals.
THE INSTITUTION OF REFERENDUM IN THE LEGISLATION OF CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF PERM KRAI)
Author: Kurakina, Svetlana Ivanovna
Keywords: democracy, referendum institution, regional referendum, local referendum, referendum legislation
The article touches upon the issues of legislative registration of the referendum institution in the subjects of the Russian Federation. On the example of the Perm region, the typical gaps in the regulation of the Institute of direct democracy at the regional level are analyzed. The necessity of giving greater legal capacity to the institution of referendum, which is considered to be the most important in terms of democratic potential, is substantiated.
PROBLEMS OF CONSTITUTIONAL AND LEGAL REGULATION OF THE SYSTEM OF STATE POWER IN THE RUSSIAN FEDERATION
Author: Knyazhychenko, Kristina Y
Keywords: state, power, system, state mechanism
The purpose — to investigate the problems of constitutional and legal regulation of the system of state power in the Russian Federation. The author reveals the need to strengthen the state mechanism.
CONSTITUTIONAL AND LEGAL STATUS OF CUSTOMS AUTHORITIES IN THE RUSSIAN FEDERATION
Author: Koybaev, Soslan A
Keywords: state, status, state power system, custom authority, customs policy
The article deals with the constitutional and legal status of customs authorities in the Russian Federation, analyzes the history of customs origin historical period.
CONSTITUTIONAL-LEGAL REGULATION OF PROPERTY RIGHTS IN RUSSIA: PROBLEMS OF THEORY AND PRACTICE
Author: Sergeeva, Daria A
Keywords: state, property, forms of ownership, state property, municipal property
The article deals with the problems of constitutional and legal regulation of property rights on the basis of the state registration of property rights.
THE LEGAL STATUS OF THE HEAD OF LOCAL ADMINISTRATION: PROBLEMS OF THEORY AND PRACTICE
Author: Umova, Asiyat X
Keywords: state, system of state power, local self-government, head of local administration, democracy
the article deals with the features of the legal status of the head of the local administration on the example of Leska municipal district of Kabardino-Balkar Republic.
PROBLEMS OF LEGAL REGULATION OF TRANSBOUNDARY LEASING IN RUSSIAN AND INTERNATIONAL LAW
Author: Ìaliïenko, Lora K
Keywords: international law, cross-border leasing, contract, legal regulation
The article is devoted to the legal regulation of cross-border leasing in international and Russian law. The problems and ways of their realization are defined.
WHAT TO BE TO THE LAW ON THE NATURE OF THE RUSSIAN ARCTIC?
Authors: Bogolyubov, Sergey Aleksandrovich; Krasnova, Irina Olegovna
Keywords: environmental protection, Russian Arctic zone, environmental management, social and economic development
the article deals with the accumulated environmental problems of the Arctic zone of the Russian Federation and offers legal means to overcome them. Draft laws or amendments to various laws or groups of subordinate normative legal acts are discussed. The history and difficulties of social and economic development, human activity, economic work, mining in the North are shown. It describes its importance for the sustainable existence of complex economic complex of the country, its regions and municipalities. Alternative solutions of overcoming negative attitude to nature, ways of rational nature management organization, combination of traditional residence of the small peoples of the North, the Far East and intensification of exploration, extraction, transportation of hydrocarbons, search of various energy sources are demonstrated. The authors « opinions do not coincide and are not imposed on readers, who are given the opportunity to join the views expressed on the role of law in the elimination of environmental conflicts, the prevention of offences, the establishment of environmental law and order in the Russian Arctic zone.
FEATURES OF TRANSFER OF THE LAND PARCEL AT HIS ALIENATION
Author: Imekova, Maria Pavlovna
Keywords: alienation, obligation, transfer of the land parcel
article based on current legislation, legal literature and judicial practice defines features of transfer of the land parcel and her role by the obligation for alienation of the land parcel.
WHAT IS MEANT BY THE RATIONAL USE OF LAND?
Author: Lipski, Stanislav A
Keywords: legislation, land, rationality, misuse, land use planning
The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal law «About land use planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal law. Since its adoption in 2001, the Federal law «About land use planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.
CONTENTS AND FUNCTIONS OF THE BONUS-MALUS SYSTEM (FRANCE)
Author: Nikonov, Rodion Valentinovich
Keywords: climate change, France, transport sector, bonus-malus, emission of greenhouse gases
The article examines the content and functions of the «bonus-malus» system, which has been operating in France in the transport sector since 2008, aimed at reducing greenhouse gas emissions through the extensive use of legal measures, including financial incentives for the acquisition and the use of vehicles with zero or low carbon dioxide emissions. The system of bonuses is given taking into account the level of carbon dioxide emission and car type, the system of penalties taking into account the level of carbon dioxide emission by vehicles. According to the author, «bonus-malus» can be considered as an example of non-market-based approaches in order to comply with the obligations of France under the Paris Agreement.
HISTORY OF LEGAL REGULATION OF TOWN-PLANNING ACTIVITY IN RUSSIA
Author: Postavnaya, Natalia Pavlovna
Keywords: planning of urban and rural settlements, management of town — planning activity, state architectural and construction control, ecological expertise in the implementation of urban planning activities
The article examines the stages of development of town planning activity in Russia. Throughout the history of the legal regulation of this activity, the main direction was determined by the priorities of state policy. The main regulatory and legal acts are being considered that govern the management of town planning activities of the pre-revolutionary, Soviet period and the formation of modern legal regulation are being considered.
CLASSIFICATION OF TYPES OF CIVIL LIABILITY FOR DAMAGE CAUSED BY THE IMPLEMENTATION OF HIGH DANGEROUS ACTIVITIES
Authors: Raupova, Manzura Tursunovna; Otorova, Baktygul Kanybekovna
Keywords: civil liability, damage to the environment, increased danger, a delinquent, payment of compensation, a measure of responsibility
In this article, the author considers types of civil liability for damage caused to the environment by carrying out activities whose objects are a source of increased danger.
EFFECTIVE IMPLEMENTATION OF CRIMINAL RESPONSIBILITY IN THE CONTEXT OF NATIONAL SECURITY SUPPORT — PRIORITY DIRECTION OF CRIMINAL LEGAL POLICY
Author: Dvoretskiy, Mikhail
Keywords: effective implementation of criminal responsibility, ensuring national security, priority directions of criminal legal policy, criminal liability, Corpus delicti, The Criminal Code of the Russian Federation
The article is devoted to the problems of effective realization of criminal responsibility in the context of ensuring national security as a priority direction of criminal legal policy. The publication analyzes the conceptual positions available in science. national theory of criminal law.
DIRECTIONS OF OPTIMIZATION OF THE BASIS OF CRIMINAL LIABILITY IN THE DOMESTIC LEGISLATION
Author: Dvoretskiy, Mikhail
Keywords: the basis of criminal responsibility, effective implementation of criminal liability, criminal liability, Corpus delicti, The Criminal Code of the Russian Federation
The article is devoted to the grounds of criminal liability in the context of its effective implementation. The publication analyzes the directions for improving the domestic criminal and criminal procedural legislation.
IMPLEMENTATION OF CRIMINAL EXECUTIVE POLICY IN THE CONTEXT OF SECURING THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION
Author: Stromov, Vladimir Yuryevich
Keywords: implementation of the criminal-executive policy, ensuring national security of the Russian Federation, criminal liability, The Criminal Code of the Russian Federation
The article is devoted to the problems of implementation of the criminal executive policy in the context of ensuring the national security of the Russian Federation. The publication analyzes the conceptual positions available in the domestic science.