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RESEARCHER OF MANAGEMENT PROBLEMS PROFESSOR V. G. VISHNYAKOV

Author: Bogolyubov, Sergey Alexandrovich
Pages: 6-11
Keywords: legislation of the Russian Federation, unity of executive authorities, integrity of the economic and legal space, sovereignty of the state, division of powers, rights and obligations of citizens
Abstract:
Viktor Grigoryevich Vishnyakov, Doctor of Law, Professor, Member of the State Duma of the Russian Federation 1993-1999, a well-known scientist in the field of public administration theory and administrative law, has died at the age of 89. He graduated from the Lomonosov Moscow State University, defended his PhD and doctoral dissertations, worked at the Institute of State and Law of the Academy of Sciences, the Institute of Problems of Organization and Management, the Academy of Foreign Trade, the Higher School of the Trade Union Movement, the Institute of Legislation and Comparative Law, the Russian State University of Trade and Econo.
V. G. Vishnyakov wrote more than 300 works, including monographs The principle of double subordination of public administration bodies, The structure and staff of Soviet public administration bodies, Law and Automated Management Systems, Law and Interstate Associations, Law and the Common Economic Space, Legal problems of improving the system of structure of executive authorities,, Crimea: Law and Politics, as well as articles National ideas, federal law, state development, Strengthening the security of the CIS countries in the context of globalization, On the issue of Russias withdrawal from the Council of Europe, etc.; from the list of these titles, his interests and contribution to science are visible.


JUDICIAL PRECEDENT IS A SOURCE OF LAW IN MODERN RUSSIA?

Author: Belyakova, Anna Vladimirovna
Pages: 12-16
Keywords: sources of law, judicial precedent, legal system, precedent in Russia
Abstract:
The article analyzes the place of the judicial precedent in the modern legal system, highlights the content and main criteria of the precedent. The analysis of the current legislation is carried out, contradictions in the norms of one codified act are revealed. On the basis of the analysis, the author provides a justification for the need to eliminate contradictions and refine the concept of judicial precedent in the system of sources of law.


TRANSFORMATION OF PUBLIC ADMINISTRATION MODELS

Author: Eremina, Olga Yuryevna
Pages: 17-22
Keywords: state, public administration, society, citizens, evaluation
Abstract:
The organization of public power and the search for the best way to influence social processes in society is recognized as a very popular area for study. The history of the study of theoretical and legal views on the phenomenon of public administration is striking in its depth.
The author analyzes the factors of the modern transformation of public administration, the prerequisites of which were laid in the past and are due to the change in views on the interaction of society and the state, the evolution of the role of the individual in society and the state, the adjustment of the methods of influence used by the state to manage social processes.
The analysis of the emerging models of the state, characterized in the legal doctrine, showed contradictions between the content of theoretical models and the possibility of their practical implementation.
Assessing the possibility of changing the paradigm of public administration in the Russian Federation, within the framework of the studied theoretical models, the author comes to the conclusion that due to the legal, territorial, and cultural specifics, it is impossible to apply these models. However, it is considered acceptable to use separate elements of several models of public administration.


: PREDICTED JUSTICE: THEORETICAL AND LEGAL FRAMEWORK AND CONCEPTUALIZATION OF FOREIGN EXPERIENCE

Author: Israelyan, Valentin Borisovich
Pages: 23-27
Keywords: artificial intelligence, justice, threat, crime, prevention, risk
Abstract:
The introduction of artificial intelligence into the system for preventing illegal actions in order to ensure the security of the state and society is an established trend, despite the fact that active supporters of such innovations do not fully understand the threats that reckless trust in high technologies implies. The risks that need to be taken into account are analyzed in the presented article on the concept of predicted justice that has developed in the world today, the task of which is the formation of information resources by artificial intelligence for a subsequent conclusion about the likelihood of a threat.


SOME SIGNIFICANT GAPS AND ERRORS IN THE PROVISIONS OF THE RF CONSTITUTION OF 1993 RELATING TO THE PRINCIPLE OF LEGAL AND PROPOSABLE ESTABLISHMENT OF A BALANCED FUNCTIONAL DISTRIBUTION OF THE FEDERAL CONSTITUTIONAL DISTRIBUTION

Author: Osipian, Boris A
Pages: 28-33
Keywords: lawful and expedient constitutional distribution of constitutional prerogatives of federal and regional bodies, branches of the unified state power, compliance of the provisions of the Constitution of the Russian Federation with the proper and everlasting idea of law, the notions of lawfulness, expediency, stable and constantly developing public legal consciousness, and law and order
Abstract:
The article reveals the existing shortcomings and imperfections of the provisions of the Constitution of the Russian Federation of 1993, and also offers samples of necessary and expedient constitutional amendments, on the basis of which a more modern, perfect, legitimate and effective new Constitution of Russia can and should be drawn up and adopted, which, on the whole, must comply with the proper and enduring idea of law, the concepts of legality, expediency, long-term, sustainable, constantly evolving public legal consciousness and law and order.


LEGAL EXPERIMENT IN THE LAW-MAKING PROCESS IN THE CONTEXT OF DIGITALIZATION

Author: Pashentsev, Dmitry Alekseevich
Pages: 34-36
Keywords: legal experiment, law-making, digitalization, digital technologies, legal monitoring
Abstract:
The article reveals the theoretical aspects of the legal experiment and its application in law-making. It is emphasized that by using the potential of the legal experiment, it is possible to increase the effectiveness of law-making activities. The experiment allows us to test the proposed model on a limited scale, so that the results obtained confirm or refute the working hypothesis. It is noted that modern digital technologies can contribute to the qualitative improvement of the legal experiment, which will ultimately have a positive impact on the development of law.


HISTORICAL OVERVIEW OF THE DEVELOPMENT OF HUMANISTIC PRINCIPLES IN BRINGING MINORS TO CRIMINAL RESPONSIBILITY

Author: Khromova, Natalia Mikhaelovna
Pages: 37-40
Keywords: minors, criminal liability, age, punishment of minors
Abstract:
this work is a continuation of the authors cycle of research in the field of development and formation of the institute of childhood. The presented article analyzed the manifestations of humanistic ideas in the issue of bringing minors to criminal responsibility.
The analysis was carried out on the basis of sources of Old Russian, imperial and pre-revolutionary, early and late Soviet criminal legislation. A brief analysis of the current legal regulation is given.


INSURANCE PENSION PAYMENTS: NEW CHALLENGES

Author: Antonova, Natalia Vladislavovna
Pages: 41-45
Keywords: insurance pensions, a fixed payment to an insurance pension, legislation on pension provision, social standards of quality of life, a typical beneficiary in the field of pension provision
Abstract:
the article examines some general problems of legal regulation of relations in the field of providing the population with insurance pensions and a fixed payment to the insurance pension. Emphasis is placed on the need to introduce into Russian legislation on pension provision, including compulsory pension insurance, the category of a typical beneficiary recipient of social benefits. The article also examines the problems of insufficient pension provision for Russian citizens, which is associated with the lack of uniform social guidelines (norms, standards) of social provision in Russian legislation.


THE RIGHT TO MRNAL (FAMILY) CAPITAL OF PERSONS WITH CHILDREN WERE BORN THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES: PROBLEM OF LEGAL REGULATION

Authors: Guseva, Tatyana Sergeevna; Nesterenko, Aleksandra Aleksandrovna
Pages: 46-51
Keywords: maternal (family) capital, social security, assisted reproductive technologies, surrogacy, child, biological parents
Abstract:
The article is devoted to the analysis of law enforcement problems in the exercise of the right to maternity (family) capital by citizens. The authors, taking into account the extensive judicial practice, examine in detail the circle of persons entitled to additional payment in the event of the birth of children with the use of assisted reproductive technologies.


FEATURES OF COMPENSATION FOR MORAL HARM IN LABOR RELATIONS

Author: Mikhailov, Alexander V
Pages: 52-54
Keywords: labor law, labor relations, material responsibility, compensation for moral damage, judicial protection
Abstract:
The article deals with issues related to compensation for moral harm in labor relations. The article analyzes the norms of the Labor Code of the Russian Federation and other normative legal acts on the research topic, as well as the positions of legal scholars. The work focuses on the gaps in the legislative regulation of these relations, suggests directions for modernizing Russian legislation.


DEVELOPMENT OF LEGISLATION ON LABOR AND SOCIAL PROTECTION OF WORKERS WITH DISABILITIES

Author: Chernenilova, Yulia Sergeevna
Pages: 55-57
Keywords: labor relations, labor and social protection legislation, disabled workers
Abstract:
The article shows the process of formation and formation of the Soviet legislation on disabled workers, reflects the stages of its transformation and subsequent impact on the legislation on labor and social protection in the post-Soviet and modern periods of development of the Russian Federation. The author draws attention to the absence in the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) a separate chapter devoted to the regulation of labor of this category of workers, which can be called a kind of consequence of the Soviet era. However, this does not deprive disabled workers of the necessary guarantees and remedies established by the current norms of labor and social protection legislation.


TURNOVER OF LAND PLOTS FROM THE COMPOSITION OF LANDS OF THE FOREST FUND: PROBLEMS OF LEGAL REGULATION

Author: Gavrilyuk, Maria Nikitichna
Pages: 58-65
Keywords: land plot, forest plot, forest fund, real estate registration, unified state register of real estate
Abstract:
the article identifies the problem of turnover of forest (land) plots, examines the concept of forest from the point of view of foreign legislation, as well as the system of state authorities associated with the turnover of forest plots; analyzes restrictions on both the type of forest use and the number of forest users from the point of view of simultaneous multi-purpose use of one forest plot; describes the novelties of legislation in the field of registration of rights to forest plots, considers the law on forest amnesty, the problem of state land supervision in the context of the application of the provisions of the forest amnesty, makes proposals for improving the current forest legislation.


ON THE CIVILITARIAN-LIBERTARIAN CONCEPT OF ANIMAL RIGHTS

Author: Doinikov, Pavel Igorevich
Pages: 66-69
Keywords: concept of animal rights, civilitarianism, libertarian legal understanding, animal welfare, subjects of law, radical-utilitarianism, natural rights, right to life, right to protection from ill-treatment
Abstract:
the article is devoted to the analysis of the civilitarian-legal approach to the concept of fundamental rights of animals, through the radical-utilitarian and legal type of their understanding, differing in the ethics of the act, in this way, the main provisions of the discussion that has not stopped until today are analyzed, using the libertarian theory of understanding of law and the state, as well as the concept of building a civil society, from socialism, through capitalism to civilization, it can be concluded that, that the civil society formation presupposes the inclusion of new social relations in the sphere of legal regulation, including Faunal law, the value core of which should be the natural rights of animals. In a generalized form, the whole range of animal rights can be expressed in the following institutional provisions: the right to life; the right to protection from abuse (protection from pain); the right to be treated with respect; the right is not property.


MANDATORY NORMS OF LAND LAW IN THE CONTEXT OF THE CORONAVIRUS PANDEMIC (COMPARATIVE LEGAL STUDY)

Author: Ibragimov, Curie Khamzatovich
Pages: 70-76
Keywords: land law, mandatory norms, coronavirus pandemic, state authorities, local self-government bodies, classification, agricultural land, land rights holders
Abstract:
The article examines the mandatory norms of land law in the context of the coronavirus pandemic in comparison with similar norms of forest law. The relevance of the research topic in relation to the conditions of the coronavirus pandemic is justified. A brief overview of legal research on this topic is provided. The classification of mandatory norms of land law, the quantitative ratio of their types is given. A comparison is made with similar norms of the Forest Code of the Russian Federation. The wording of the mandatory norms of land law is given these are mandatory norms of land law, authorized by measures of state coercion in order to prevent illegal, deviant, deviant land-legal behavior on the part of both the right holders of land plots, and state authorities, local self-government bodies, and prohibiting any deviation from the requirements of this norm, which can be supplemented or changed only by a subsequent norm of similar legal force, or exceeding it.


PURPOSE OF AGRICULTURAL LANDS: LEGAL FEATURES AND PROBLEMS

Author: Ignatyeva, Inna A
Pages: 77-83
Keywords: category of land, purpose of land, agricultural land, agricultural land, hunting farm, hunting grounds
Abstract:
The aim of the work is to concretize the definition of the designated purpose of agricultural lands in view of the repeated introduction of amendments to the Land Code of the Russian Federation, expanding the options for the use of these lands, changing their legal regime. Historical, systemic methods, as well as methods of analysis and synthesis of information are applied. As a result of the study, legal problems were identified caused by the placement of real estate objects on agricultural land that are not related to the needs of agriculture, and with the implementation of activities in the field of hunting. The conclusion is substantiated that when describing the intended purpose of the studied category of lands, there are no legal grounds for not taking into account the goals following from the permission of specific types of activities and from the list of objects, the placement and operation of which is allowed on these lands. It was also concluded that changes in legislation affecting the understanding of the intended purpose of agricultural land, which is unjustifiably expanding up to the loss of its essence, entail the erasure of boundaries between land categories as a whole.


RECYCLING FEES AND ITS IMPACT ON ENSURING ENVIRONMENTAL SAFETY DURING DISPOSAL OF VEHICLES

Author: Kichigin, Nikolay Valerievich
Pages: 84-88
Keywords: recycling collection, environmental safety, disposal of vehicles, production and consumption waste
Abstract:
The article considers the legal nature of the utilization fee as one of the measures of economic regulation in the field of waste management. The legal uncertainty of the legal regime of the disposal fee is due to the fact that the concept of the disposal fee is not established in the legislation, the disposal fee is regulated not by the tax legislation, but by the legislation in the field of waste management. It is concluded that the collection for the disposal of vehicles is generally fiscal in nature and does not contribute to the achievement of the goal established in the legislation to ensure environmental safety in the disposal of vehicles. The collection of the recycling fee does not contribute also to the development of the vehicle recycling industry.


WITHDRAWAL OF LAND PLOTS FROM AGRICULTURAL LAND IF THEY ARE NOT USED OR USED IN VIOLATION OF THE LEGISLATION OF THE RUSSIAN FEDERATION

Author: Pozdnyakova, Elena Aleksandrovna
Pages: 89-91
Keywords: agricultural land plots, withdrawal, non-use of land, violation of legislation, owners, withdrawal mechanism, foreign legislation, comparative analysis
Abstract:
In order to preserve the fertility of agricultural land, to study the issue of food security of the country, a decision was made, raised to the rank of law in 2016, on the withdrawal from the owners of unused or used in violation of the legislation of the Russian Federation agricultural land plots. However, after five years from the date of adoption of this law, its inefficiency is observed, and in scientific circles there is criticism of its norms. In this regard, this article will attempt to analyze whether we need such a law and what mechanisms should be used to improve its effectiveness. This analysis will be carried out by comparing the norms of Russian legislation and the legislation of a number of countries that are considered successful in the use of agricultural land.


SOME PROBLEMS OF THE QUALIFICATION OF BUSINESS IN AGRICULTURE: LEGAL ASPECTS

Author: Popova, Olga Vladimirovna
Pages: 92-94
Keywords: Agriculture, sustainable development, food security, agricultural entrepreneurship, industrial agriculture, traditional agriculture
Abstract:
The problem of the need to clarify the concept of agricultural entrepreneurship is raised. The basis for the definition of the concept of agricultural entrepreneurship can be both the production of agricultural products and the methods of production of agricultural products. The author draws attention to the fact that this problem is related to the choice of the concept of agricultural production, the definition of risks that will be considered acceptable by society, as well as possible ways to ensure a competitive environment in agriculture, state support for agricultural producers, taxation of agricultural production, etc. We used general scientific methods, such as analysis, synthesis, and the formal legal method of research, which allowed us to define legal concepts in the field under study, identify their features, and classify them. The article is considered by the author as a statement of the problem, the ways of solving which should be further selected and fixed in the program documents and legislation of Russia.


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