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THEORETICAL PROBLEMS OF LEGAL MODERNIZATION. DISCUSSION OVERVIEW
Authors: Sidorenko, Andrey Igorevich; Ibragimova, Julia Emirovna
Keywords: Institute of Legislation and Comparative Law under the Government of the Russian Federation (ILCL), All-Russian meeting of legal theorists, modernization of legislation, digital transformation, constitutional reforms
On 22nd of October 2020 the Institute of Legislation and Comparative Law under the Government of the Russian Federation held the All-Russian meeting of legal theorists, dedicated to the 80th birthday of Professor V.V. Lazarev. The topic of the meeting was “The Theoretical Problems of Modernization of Legislation in the New Areas of Legal Regulation”. During the meeting the participants discussed certain problems of legal transformation of in the context of changing technological order, as well as the predicted legal consequences of the constitutional reforms that took place in 2020.
THE NECESSITY AND RESULTS OF THEORETICAL AND LEGAL VERIFICATION OF THE LEGALITY, COMPLETENESS AND DESIRABILITY OF THE PREAMBLE AND OTHER IMPORTANT PROVISIONS OF THE CONSTITUTION OF THE RUSSIAN FEDERATION RELATING TO THE LEGAL FRAMEWORK OF THE STATE ORGANIZATION
Author: Osipian, Boris A
Keywords: compliance of the Preamble and provisions of the Russian Constitution with the proper and permanent idea of law and the notion of lawfulness, a long-term, stable and flexible legal order
In article, the author reveals some inconsistencies notions of legitimacy and appropriateness of specific provisions of the Constitution of the Russian Federation in 1993 and offers useful examples of their solid solutions at theoretical and practical levels.
RAISING THE LEVEL OF LEGAL AWARENESS AS ONE OF THE WAYS TO SUPPRESS ABUSE OF PROCEDURAL RIGHTS IN THE RUSSIAN FEDERATION
Author: Belyakova, Anna Vladimirovna
Keywords: sense of justice, legal culture, legal education, abuse of procedural rights
The abuse of procedural rights as one of the legal phenomena has a direct impact on legal proceedings, most often leading not only to an increase in the time for consideration of the case, but also to lower the efficiency of justice in general. A different approach to resolving the issue of suppressing unfair behavior by participants in the process is proposed. In particular, it is proposed to increase the importance of the level of legal awareness and legal culture, which will allow to form respect for the court, law and justice through the introduction and development of legal disciplines at various levels of education.
FOREIGN EXPERIENCE IN CHECKING THE CONSTITUTIONALITY OF PUBLIC ASSOCIATIONS
Author: Melnik, Timur
Keywords: public associations, political parties, the right to association, constitutionality of public associations, Federal Constitutional Court of Germany, Constitutional Tribunal of Poland
the issue of banning a public association, including a political party, as not complying with constitutional provisions in democratic countries is decided by the court. In this case, various options are possible. In the Russian Federation, consideration of these cases is referred to the competence of the Supreme Court of the Russian Federation. In a number of countries, the assessment of the constitutionality of public associations is under the jurisdiction of special judicial bodies for constitutional review. This article analyzes the practice of the Federal Constitutional Court of Germany and the Constitutional Tribunal of Poland in reviewing the constitutionality of public associations and political parties. At the same time, it is noted that referring disputes about the constitutionality of public associations and political parties to the competence of constitutional courts, on the one hand, emphasizes the exclusiveness and special place of these courts in the system of protection of the constitution, and, on the other hand, creates additional guarantees of the constitutional right to association.
GENESIS OF JUVENILE JUSTICE: FROM THE RUSSIAN EMPIRE TO THE PRESENT DAY
Author: Khromova, Natalia Mikhaelovna
Keywords: minors, justice, judicial proceedings, formation of juvenile justice, restorative justice, juvenile justice
This work is a kind of continuation of the author»s research in the field of development and formation of the institute of childhood. This time, the author»s research focused on the Institute for the Development of Juvenile Criminal Justice. In particular, pre-revolutionary acts, acts of the early and late Soviet periods were investigated. A comprehensive analysis of the current criminal procedure legislation in correlation with international instruments has been carried out. The topic of restorative justice and the possibility of its introduction into the current legal regulation is also touched upon.
ABOUT THE SCIENTIFIC WORK OF THE DOCTOR OF JURIDICAL SCIENCES, PROFESSOR VLADIMIR PETROVICH GALAGANOV
Author: Antonova, Natalia Vladislavovna
Keywords: social security law, basics of compulsory social insurance, problems of social security law, constitutional reform 2020, types and legal forms of social security, social security authorities
January 1, 2021 would mark the 70th anniversary of the birth of Doctor of Juridical Sciences, Professor, Honored Lawyer of the Russian Federation, Leading Researcher of the Labor Law and Social Security Law Sector of the Institute of State and Law of the Russian Academy of Sciences (RAS), and earlier Professor of the Department of Labor Law of the Academy labor and social relations of Vladimir Petrovich Galaganov .
In different years of his scientific and creative life, Vladimir Petrovich was engaged in social security issues, working in the state bodies of the Krasnoyarsk Territory and the Moscow Region, was a member and expert of the USSR State Committee for Labor and Social Issues (USSR State Committee for Labor), head of the legal department of the USSR Committee for Veterans Affairs and disabled people, a researcher of the department (center) of social security of the Institute of Labor (Research Institute of Labor) — now the Federal State Budgetary Institution VNII Labor of the Ministry of Labor of Russia, where in different years famous scientists, specialists and experts worked and were “graduates”: V.A. Acharkan, M.G. Babadzhanyan, V.B. Belkin, Ya. I. Gomberg, E.A. Derevianko, A.S. Dovba, E.V. Kasimovsky, I. Ya. Kiselev, M.S. Lantsev, E.L. Manevich, P.P. Maslov, M.G. Moshensky, I. Ya. Oblomskaya, I.A. Orlovsky, P.F. Petrochenko, I. Yu. Pisarev, E.F. Polezhaev, N.E. Rabkin, B.V. Rakitsky, N.M. Rimashevskaya, V.D. Roik, N.A. Sofinsky, I.I. Shapiro, N.I. Shishkin, S.I. Shkurko, A.N. Shokhin, G.A. Yavlinsky, T.A. Golikova and others.
V.P. Galaganov took part in the development of federal, regional, municipal legislative acts on the protection of motherhood, fatherhood and childhood, disabled people, veterans and senior citizens, organizing the work of social protection bodies and the Pension Fund of the Russian Federation (PFR), became the author of hundreds of scientific publications on development issues first Soviet, then Russian social security system. Scientific works of V.P. Galaganova are distinguished by a deep theoretical understanding of legal concepts and categories in the field of social security, the peculiarities of their implementation in legal life and the activities of social protection bodies, the ability to draw attention to overcoming uncertainties and collisions of social security legislation.
More than 20 years of his scientific life V.P. Galaganov dedicated to the Academy of Labor and Social Relations, being the dean of the Faculty of Law (1995-1997), holding the positions of head of departments (legal disciplines and social security law), professor of the department of labor law and social security law, which is known for such outstanding scientists as Doctor of Juridical Sciences, Professor, Honored Scientist of the RSFSR Oleg Vladimirovich Smirnov, Doctor of Juridical Sciences, Professor, Honored Worker of Science of the Russian Federation Konstantin Stepanovich Batygin, Candidate of Juridical Sciences, Professor, Honored Lawyer of the Russian Federation Margarita Ivanovna Kuchma, Doctor of Juridical Sciences, Professor, Honored Lawyer of the Russian Federation, Professor-consultant Irina Olegovna Snigireva, Candidate of Juridical Sciences, Associate Professor Nina Alekseevna Brilliantantova, Candidate of Juridical Sciences, Associate Professor, Secretary of the FNPR, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Vice-Rector for Legal Work of ATiSO Nikolai Georgievich Gladkov, Doctor of Juridical Sciences, professor Marina Olegovna Buyanova, Doctor of Juridical Sciences, Professor, Honorary Worker of Higher Education of the Russian Federation Alexey Yakovlevich Petrov, Candidate of Juridical Sciences, Associate Professor, Professor of the Department, Honored Lawyer of the Russian Federation, Corresponding Member of the International Academy of Informatization, State counselor of justice of the 2nd class Olga Nikolaevna Volkova, Associate Professor Alla Petrovna Sharova and others.
At the Academy of Labor and Social Relations V.P. Galaganov defended his doctoral dissertation on «Legal regulation of relations on compulsory social insurance (problems of theory and practice)» (June 2009). Six post-graduate students supervised by him successfully defended their theses for the degree of candidate of juridical sciences.
Under the sensitive guidance and participation of Vladimir Petrovich Galaganov, the foundations of a scientific school in the field of labor law and social security law of the Academy of Labor and Social Relations were being formed. The last years of his life, Vladimir Petrovich also devoted to scientific activities in the sector of labor law and social security law of the Institute of State and Law of the Russian Academy of Sciences. Scientist and teacher V.P. Galaganov was appreciated and respected by colleagues, graduate students and students. The memory of Vladimir Petrovich will forever remain in the hearts of everyone who knew him, everyone who was fortunate enough to learn from V.P. Galaganov and share his professional and creative and native ways with him.
SOCIAL SECURITY OF MEDICAL WORKERS IN CASE OF INABILITY TO PROFESSIONAL ACTIVITIES
Author: Astrakhantseva, Evgeniia Vladimirovna
Keywords: mandatory social insurance, mandatory personal insurance, medical worker, insurance payments, additional nonrecurrent allowance in case of employee death
The article deals with the legal regulation of social security of medical workers in case of inability to work in connection with the implementation of professional activities provided to them in the system of compulsory social insurance and in the framework of mandatory personal insurance of certain categories of employees. Insurance cases, types and amounts of social security for medical workers, as well as their family members are analyzed.
EMPLOYMENT OF FOREIGN EMPLOYEES FOR NEW REGULATIONS
Author: Kamenskaya, Svetlana Vladimirovna
Keywords: labor relations, employment, employee and employer, foreign employee, patent and work permit, permission to attract and use foreign employees
The article examines the practical issues of employment of foreign employees and stateless persons in the Russian Federation, taking into account the latest legislative innovations (from January 1, 2021), as well as the legal grounds for the violation by the parties of labor relations of mandatory requirements.
THE RIGHT OF CITIZENS TO WORK IN CONDITIONS THAT MEET THE REQUIREMENTS OF SAFETY AND HYGIENE
Author: Mikhailov, Alexander V
Keywords: the constitutional right of citizens to work in conditions that meet the requirements of safety and hygiene, the balance of rights of subjects of legal relations, psychological health of employees, comprehensive international standards in the field of labor protection
Global trends in the development of legal relations in the field of labor protection provide for new ways of protecting the dignity of an employee in the process of labor activity. In connection with further steps of economically developed countries to create psychologically safe working conditions, it becomes necessary to change and transform labor protection standards in labor law. The author substantiates the need for the development of legal relations in this area. The article concludes that it is necessary to transform the norms of legislation on the protection of the health of citizens into the institution of labor protection in terms of protecting the psychological health of employees.
PREVENTION OF VIOLATIONS OF LABOR LEGISLATION AS ONE OF THE PRINCIPLES OF FUNCTIONING OF STATE CONTROL (SUPERVISION) IN THE SPHERE OF LABOR
Author: Tutor, Svetlana Evgenyevna
Keywords: labor legislation, prevention, state control (supervision)
Russia is actively implementing the reform of control and Supervisory activities, one of the goals of which is to reduce the burden on the entrepreneur. A number of new legislative acts have been adopted that update the scope of supervision. But the easing of the Supervisory burden on the entrepreneur should not affect the observance of the employee’s labor rights protected by law. The balance of interests must be maintained. The solution is seen in the activation of preventive measures to prevent violations of labor legislation. This study is devoted to the analysis of the state of prevention of violations in the sphere of work.
FILLING GAP IN ECOLOGICAL LAW
Author: Bogolyubov, Sergey Alexandrovich
Keywords: public and private ecological interests, constitutional ecological values, organizational and economic mechanisms of realization of requirements of legislation, right landed, mountain, water, forest, ecological interests of physical and legal persons
Prematurely died talented scientist, experimental teacher of ecological, landed right doctor of legal sciences of M. I. Vasilieva. It worked as the professor of department of the landed right and state registration of the real estate of the Moscow state university of geodesy and cartography, leading research worker of Department of ecological and agrarian legislation of Institute of legislation and comparative jurisprudence at the government of Russian Federation.
In different years she was a member and expert of the Highest environmental Council of the State Duma Committee of the Russian Federation on natural resources, environment and ecology, the expert Commission of the Public chamber of the Russian Federation on environmental policy and environmental protection, member environmental law section of the Educational-methodical Council on legal education.
M. I. Vasilieva took part in the development of environmental, natural resource federal, regional, and municipal legislative acts, in research projects of the Center for Environmental Policy of Russia (A.V. Yablokov, V. M. Zakharov), the United Nations Environment Program, and the World Wildlife Fund. She is the author of seven monographs and hundreds of other scientific publications, which are distinguished by a recognizable scientific style, a deep theoretical understanding of legal categories, the shortcomings of their implementation in legal life, the originality of scientific ideas and views, and an understanding of the implementation of Russian environmental legislation.
She persistently drew attention to the objective conflict between the economy and the environment, concretized and developed various forms of legal influence on their reconciliation. She studied the legal problems of implementing public environmental interests through the qualification of social and environmental behavior, compliance with the principles, rules of organization and use of legal mechanisms of public participation in the discussion, adoption, monitoring, and execution of environmentally significant decisions. She studied the constitutional right of everyone to a favorable environment as an enduring value in the context of territorial development, the formation of the ecological and legal Eurasian space, the elimination of gaps and conflicts of legislation.
In her opinion, the spread of a competitive procedure for granting environmental rights, the prevention of monopolism and corruption on the part of state and municipal bodies and their officials contribute to reducing abuses. Civil society should not and cannot replace the authorities in making managerial decisions, it is necessary to overcome the reluctance of officials to ignore the opinion of the population.
Maria Ivanovna Vasilieva had her own highly qualified readings of constitutional and legislative norms, the ability to draw attention to identifying and overcoming uncertainties, gaps, conflicts of environmental and natural resource law; she was valued and respected by students, postgraduates, and colleagues.
The creative life of the scientist and teacher M. I. Vasilieva was devoted to the theoretical analysis and filling in the gaps of environmental law; this is the judicial protection of citizens « rights to natural objects, the delimitation of powers of the Russian Federation and its subjects.
ABOUT TYPES OF ZONES WITH SPECIAL CONDITIONS OF USE OF TERRITORIES
Author: Zolotova, Olesya Alexandrovna
Keywords: zones with special conditions for the use of territories, buffer zones, legal regime of land plots, restrictions on land rights
The subject of the study is zones with special conditions for using the territory. The purpose of this work is to analyze the types and purposes of establishing zones with special conditions for the use of territories. The research uses methods of analysis and synthesis, induction and deduction, formal logic, methods of technical and legal analysis and legal modeling. The article provides a critical assessment of changes in legislation on zones with special conditions for the use of territory. The author negatively assesses the absence of the concept of zones with special conditions for the use of territories and their features fixed in the Land code of the Russian Federation. It is noted that the purpose of establishing zones with special conditions for the use of territories is not related to their types and their presence in the Land code of the Russian Federation has no legal consequences. The closed list of types of zones with special conditions for the use of territories, which is registered in the Land code of the Russian Federation, is critically evaluated.
LEGAL MECHANISM FOR ENSURING THE RATIONAL USE OF NATURAL RESOURCES
Author: Pozdnyakova, Elena Aleksandrovna
Keywords: natural resource, natural object, legal mechanism, rational use, principles, contracts, strategic planning, environmental protection, socio-economic development
the review of the collective monograph highlights and analyzes the main problems posed by the authors and ways to solve them. Despite the fact that the problem of rational use of natural resources has been studied many times, this work is a comprehensive monographic study, the subject of which includes both normative legal acts that have lost their legal force to date, and those in force in the modern period. An attempt is made to show the evolution of the development of «rational use of natural resources».
ACTUAL PROBLEMS OF THE IMPLEMENTATION OF MODERN ENVIRONMENTAL POLICY IN RUSSIA THROUGH LAW
Author: Postavnaya, Natalia Pavlovna
Keywords: ecology, state policy, greening, legislation, civil society, environmental expertise, strategic environmental assessment
The review highlights the results of Professor S.A. Bogolyubov of urgent problems of the implementation of modern environmental policy. The directions of further greening of legislation, state activities and civil society are investigated. The validity and novelty of arguments and proposals for improving environmental expertise, the introduction of strategic environmental assessment are assessed.
LEGAL AND METHODOLOGICAL SUPPORT FOR FORMING AN ENVIRONMENTAL TOURISM STRATEGY
Authors: Shevchuk, Anatoly Vasilievich; Nekrasova, Marina Alexandrovna
Keywords: steady development, natural tourism, ecological tourist cluster, infrastructure, ecological legislation, economy of country and regions
strategic documents in the field of the legal adjusting of ecology are foresee tourist measures on the especially guarded natural territories. Acquire a value pereorientaciya of part of consumer demand of Russians on internal tourism along with bringing in of foreign tourists, realization of strategic role of tourism in spiritual development, providing of quality of life of population, forming of ecological and legal culture.
A timely and flexible answer for these calls requires adaptation to development of tourist industry (tourist clusters, infrastructure, services, products) of new instruments and methodology: programmatic-having a special purpose approach, pragmatic analytic geometry, optimum management, the best practices of complex management a cost, profits, income, risks.
Development of ecological tourism will be rendered by positive influence on the economy of Russia and its regions, will allow to increase profits, will create new workplaces. For development of ekologo-tourist infrastructure on the especially guarded natural territories it is necessary to develop legislative norms for bringing in of investments through the models of state-private partnership.
It is necessary to examine possibility of simplification of treatment of documents for support of steady development of tourism in regions. Combining effort the state and private organizations can become the important instrument of development of rekreacionnogo and tourist sectors of economy of Russian Federation, subjects of Russian Federation, municipal educations.
Use of concession agreements, will allow to convert the system of natural territories into valuably developing tourist clusters, to subject modernizations districts, being basic ecological frameworks.
Ecological tourism can become a steady tourist complex, instrumental in the decision of tasks, laid on the especially guarded natural territories due to the ecological inlightening, bringing in of the off-budget financing of infrastructure. Frequently exactly infrastructural problems restrain development of ecological tourism, render negative influence on bioraznoobrazie, called to be the standard of development of nature.
INTERNATIONAL EXPERIENCE IN USING LANDS OF SPECIALLY PROTECTED NATURAL AREAS IN THE DEVELOPMENT OF TOURIST ACTIVITIES
Author: Nikolaev, Eduard Aleksandrovich
Keywords: specially protected natural areas, tourism, environmental sustainability, sustainable tourism, ecotourism, environment, biodiversity
The article points out the importance of studying the experience of foreign countries in the use of protected areas in the development of tourism, examines the characteristics of sustainable tourism in Europe, and examines the activities of foreign organizations for the development of tourism in protected areas. The purpose of the study was to study the international experience of using protected areas in the development of tourism activities. The subject of the research is the peculiarities of the development of tourism activities on the lands of protected areas. In the course of the research, theoretical and empirical research methods were used to ensure the achievement of the goal. The results of the study can be used to address issues of improving the development of tourism activities on lands in protected areas. It is concluded that the use of the experience of foreign countries in the field of tourism development in protected areas is appropriate for the development of this area in the Russian Federation.
ON THE CONSTITUTIONAL DIMENSION OF THE ENVIRONMENTAL PROTECTION AND NATURE RESOURCE USE (REVIEW OF THE ROUND TABLE IN THE FRAMEWORK OF THE X INTERNATIONAL CONGRESS OF COMPARATIVE LAW «CONSTITUTIONAL EVOLUTION IN RUSSIA AND IN THE MODERN WORLD: DIALECTICS OF THE UNIVERSAL AND NATIONAL»)
Author: Nikonov, Rodion
Keywords: constitution, constitutional and legal norms, legislative norms, environmental protection and nature resource use, environmental safety, constitutional novelties 2020
based on the results of the round table «Constitutional Dimension of the Environmental Protection and Natural Resource Use» (ILCL, December 2020).