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TRENDS IN THE DEVELOPMENT OF THE LEGISLATIVE PROCESS IN THE CONTEXT OF MODERN SOCIAL TRANSFORMATIONS
Authors: Babaeva, Yulia Grigorievna; Korchagina, Tamara Vladimirovna
Keywords: lawmaking, legislative process, digital law, legal monitoring
the article shows the factors influencing the dynamics of the modern legislative process, which include globalization, regionalization, and technologization. The directions of development of the legislative process are substantiated. The role of digital tools in the legislative process is shown. It is stated that currently the rich potential of the scientific legal community is not fully used in the legislative process. It is concluded that the goal of legislative activity is to achieve a new qualitative state of public relations. The legislative process should also include monitoring, which makes it possible to assess the quality and effectiveness of the laws adopted, to make timely adjustments to the work of legislative bodies.
THE PRINCIPLE OF THE AUTONOMY OF THE WILL IN PRIVATE INTERNATIONAL LAW: MODERN INTERPRETATION AND PROBLEMS OF IMPLEMENTATION
Author: Vlasova, Nataliya Viktorovna
Keywords: private international law, cross-border relations, the principle of autonomy of will, choice of applicable law, contractual obligations, non-contractual obligations, quasi-contractual obligations, non-national regulators, UNIDROIT principles
The freedom of choice by participants in cross-border private law relations of the applicable law (the principle of autonomy of will) is the cornerstone of modern private international law. The scope of this principle is consistently expanding, but its implementation in contractual and non-contractual relations has certain specifics, in addition, it depends on the applicable conflict of laws rules, on the basis of which the content of the autonomy of the will of the parties is determined. The article presents a modern interpretation of the principle of the autonomy of the will in the legislation on private international law of Russia and foreign countries, as well as in international unification documents, identifies the features of its implementation in contractual and non-contractual obligations, identifies promising ways to improve the legal regulation of the autonomy of the will. The study was conducted using general scientific and special (formal legal, comparative legal, legal modeling) methods.
PROBLEMS OF CODING OFSOCIAL AND LEGAL EXPERIENCE IN LEGAL TEXTS: TRADITIONAL AND INNOVATIVE APPROACHES
Author: Zaloilo, Maksim Viktorovich
Keywords: legal experience, legal behavior, law, public relations regulator, NBICS-technologies, coding, programming
Technological innovations are becoming the leading factor of modern social development, the increment of which on a global scale leads to qualitative changes in human civilization, the establishment of a new type of society. As a result of the impact of new technologies, the existing model of social development, including the legal sphere, as well as human behavior, may change. The article examines the problems of programming of legal behavior in the texts of legal documents from the standpoint of traditional and innovative approaches. With the use of formal-legal, historical-legal methods, methods of legal forecasting and modeling, conclusions are formulated about the role of the state in coding of legal and social behavior, the tools used in this activity; about the importance of civil society institutions in programming of legal behavior; about the main tool for coding of social and legal experience, which historically was the law that retains its positions in the modern era; about possible transformations of law as a social regulator due to the impact of NBICS-technologies on the legal sphere; about another equally important tools, which are program and strategic documents that do not have clearly defined properties of the source of law, but lay the conceptual basis for the development of legal awareness and the formation of legal culture; about other, auxiliary, means of coding of legal behavior (musical, literary, architectural, military symbols); about the need for a flexible and skillful combination of different legal forms when coding different types of behavior.
HUMAN LANGUAGE AND LEGAL CONSCIOUSNESS AS A GOD-GIVEN NECESSARY MEANS FOR THE TRUE HUMAN WORLD-COGNITION AND COMMUNICATION
Author: Osipian, Boris A
Keywords: human language, true legal consciousness, social communication, means of scientific investigation, the appropriate and invariable spiritual root and basis, historically changeable nature and character of any national language and legal sense, the predestination and useful ultimate goal of any language, proper idea of law, legal order
in this article the author, by means of researching of sources of occurrence from a uniform human initial (all-human) language of various national languages and law, shows the immanent properties and phenomena of God-given human language and sense of justice, as means of personal insight, and public consciousness (true knowledge with God), scientific investigation, prayer and daily association of peoples with their God the Creator, as well as among the human selves.
The author also indicates the appropriate and invariable spiritual root and basis, as well as a historically changeable and conditional nature and character of any developing national language, legal sense and State legislation, as well as shows the primary mission (predestination) and useful ultimate goal of any national language, idea of law and legal order.
The main purpose of this article is to reveal the common spiritual roots of human language and legal consciousness; and the method of this survey is the spiritual, faith-teaching, and doctrinal (Spirito-Fideo-Gnostic) approach for studying the most important philosophical, linguistic, historical, and legal problems, without the correct solution of which no one cannot to achieve the correct and effective decision of many modern derivative conceptual, logical, linguistic, historical, as well as lawful, legislative, interpretative, and law-enforcement problems that occur in our daily lives, and practical activity.
LEGISLATION IN THE PERIOD OF THE NEW ECONOMIC POLICY
Author: Savchenko, Elena Alekseevna
Keywords: legislation, new economic policy, codification, regulation of the economy, systematization of legislation, administrative legislation
(Review of the monograph: Legislative support of the new economic policy: monograph / editors Bogolyubov S.A., Pashentsev D.A., Zaloilo M.V. — Moscow: Prospect, 2021. 416 p.)
The review presents the author»s assessment of the main provisions of the monograph prepared by a team of authors and devoted to important aspects of legislative regulation in the period of new economic policy. The uniqueness of the approach based on the combination of historical and legal research with industry-specific legal methods is noted. The importance of such studies is emphasized in the context of the actualization of the task of preserving historical memory, as well as in connection with the possibility of using the experience of the vulgar in modern conditions.
SOME GAPS IN THE LEGAL REGULATION OF THE PLACEMENT OF MINORS IN EDUCATIONAL INSTITUTIONS OF CLOSED TYPE
Author: Khromova, Natalia Mikhaelovna
Keywords: minors, educational institutions of closed type, compulsory measures of educational influence, court decision
the article considers the issue of placing minors in educational institutions of a closed type. The court practice was analyzed, on the basis of which a number of problems faced by the law enforcement officer were identified.
QUESTIONS OF QUALIFICATION OF ACCIDENTS IN PRODUCTION
Authors: Anoprieva, Galina Sergeevna; Mikhailov, Alexander Viktorievich; Khrebtova, Tatyana Petrovna
Keywords: labor relations, employee, employer, accident at work, remote work, investigation of industrial accidents
the authors propose an analysis of individual accidents at work in the context of their qualifications in connection with production. The article discusses the problems in this matter when employees are injured in the process of remote work, during a lunch break. It is concluded that there is insufficient regulation by regulatory legal acts of the investigation of such accidents at work.
LONG-TERM CARE SYSTEM: STAFFING CHALLENGES
Author: Antonova, Natalia Vladislavovna
Keywords: long-term care system, social services, range of social services, aging phenomenon, labor market, professional standards in the SDU system
the article is devoted to the analysis of the state of the Russian system of long-term care for the elderly and disabled from the standpoint of the need for its full-fledged staffing and the need to form a promising range of social services that meet the needs of citizens provided within the framework of such a system. The article emphasizes the importance of demographic aging as an engine for the further development of the CDS at the regional and federal levels, and also focuses on the need to expand social guarantees for potential participants in such a system.
POPULATION AGING IS A GLOBAL TREND OF OUR TIME: RUSSIAN PRACTICE OF OVERCOMING
Author: Eremina, Olga Yuryevna
Keywords: age, old age, long-term care, subjects of the russian federation, demographic problem
The article is devoted to the demographic problem — the aging of the population. This global trend of our time has affected all countries of the world, including the Russian Federation. The analysis of the aging process in the subjects of the Russian Federation is carried out.
One of the ways to minimize the global consequences of population aging is seen in the introduction of a long-term care system on the territory of the Russian Federation. A pilot project on the implementation of this system is being implemented on the territory of several subjects of the Russian Federation and has shown significant changes in the social service system.
It is proposed to use the strategies necessary to solve the problem of rapid aging of the population, which would concern not only the elderly: systemic reforms are needed at all stages of the life cycle, as well as large-scale adjustments of attitudes in society.
FORMATION AND DEVELOPMENT OF LEGISLATION ON SOCIAL SECURITY OF CITIZENS LIVING IN THE REGIONS OF THE FAR NORTH AND EQUIVALENT AREAS
Authors: Kamenskaya, Svetlana Vladimirovna; Sakharov, Alexey Nikolaevich
Keywords: social security, social guarantees, benefits, pensions, allowances, regions of the Far North and equivalent areas
this article is devoted to the analysis of the stages of formation and development of legislation in the field of social security of citizens living in the regions of the Far North and areas equivalent to it, in terms of providing them with social benefits, guarantees and compensations outside of their labor activity. The main emphasis in the work is on ensuring a decent life for citizens as a continuation of the state’s social policy aimed at developing territories with adverse climatic conditions and human capital. Of scientific and practical interest are the problems that arise when applying the relevant provisions of the legislation on social benefits and benefits to citizens living in such areas, as well as the tasks of further improving the regulatory framework. Based on a study of the stages of development of legislation on social security of citizens living in the Far North and equivalent areas, the authors substantiate a paradigm shift, taking into account the enormous potential of the territories and the ability of citizens living in them to improve living conditions under the influence of modern digital technologies and technologies using artificial intellect. In addition, the social policy of the state in recent years is aimed at the development and development of the territories of the Arctic zone, which emphasizes the relevance of the issues raised in the article.
ECOLOGICAL ASPECTS OF LAWMAKING IN THE FIELD OF FOLK ARTS AND CRAFTS
Author: Alekseeva, Larisa Leonidovna
Keywords: ecology, laws, natural resources, lawmaking, regulation, rational use, folk arts and crafts
The proposed article is devoted to the consideration of certain historical and modern regulatory and legislative documents that reveal the interrelation and interdependence of ecology and folk arts and crafts. The author gives examples from the decrees on the need for a planned supply of the necessary raw materials to the handicraft industry and trade cooperation (1927); shows a number of legal measures taken for the mandatory and standardized supply of the production of artistic products with high-quality raw materials (1975); draws attention to the legal aspects of the issue of establishing the places of traditional spreading of folk arts and crafts, including the possibility of attributing the lands where such places are located to the lands of historical and cultural significance, and to the regime of their use, etc. (1999); mentions modern regulation that ensures the existence of folk arts and crafts in the space of the ecological and legal system, material and spiritual culture. The work shows the long-term law-making activity of the «Folk Artistic Crafts of Russia» Association; the idea of the need for rational, careful use of natural resources of plant and animal origin, mineral raw materials available in our country as the basis for the emergence and further successful development of folk arts and crafts with the mandatory preservation of the places of their traditional spreading is consistently carried out.
THE STATE OF ENVIRONMENTAL AND LEGAL RESEARCH ON THE BELARUSIAN STATE UNIVERSITY
Author: Bogolyubov, Sergey Alexandrovich
Keywords: constitutional reforms, environmental law, natural resource and environmental legislation, scientific and technological progress and global trends in digitalization of legislation
the formation of the union state of Russia and Belarus, the harmonization of the Eurasian ecological space presuppose the study of the contribution of scientists of the Faculty of Law of the Belarusian State University to the sustainable development of our countries.
The law designed to regulate public relations participates in the organization of scientific research. The first environmental laws of the 1960s of the RSFSR, the BSSR provided for a norm on research work on nature conservation problems. Subsequent environmental laws specified the directions, forms, areas, subjects, general and special goals of scientific research.
The multidimensional nature of the work of scientists of the Faculty of Law of the Belarusian State University, the consistency and consistency of their publications indicate their contribution to the prosperity of the scientific ecological and legal space; it is important that the research topics are closely related to practice.
The Russian Federation is also engaged in legal support of economic, social, environmental factors of sustainable development through the publication of fundamental and applied scientific works. Authoritative international scientific and practical conferences are regularly held together with Belarusian scientists and teachers.
ON THE HISTORICAL DEVELOPMENT OF INTERNATIONAL LEGAL PROTECTION OF ANIMALS
Author: Doinikov, Pavel Igorevich
Keywords: zoohumanism, historical development, animal rights, international legal protection, conventions, declarations, agreements, protocols, animal world, contracts
As part of the article, it is noted that the trends towards zoohumanization of the laws of the most progressive countries of the world observed over the past two centuries clearly demonstrate the path to the conquest of the natural rights of animals that mankind has managed to pass.
The author analyzes international legal acts, the subject of which is the protection of wildlife, which allows us to identify some trends in the development of this sphere of legal regulation. The article notes that the essence of such zoohumanistic tendencies lies in the realization of the natural rights of animals in positive legislation.
LEGAL ISSUES OF RATIONAL NATURE MANAGEMENT ON AGRICULTURAL LANDS AS AN ELEMENT OF COUNTERING THREATS TO ENVIRONMENTAL AND FOOD SECURITY IN THE CHECHEN REPUBLIC
Authors: Ibragimov, Curie Khamzatovich; Ibragimova, Fatima Kyurievna; Ibragimov, Anzor Kyuriyevich
Keywords: Chechen Republic, population, agricultural land, environmental management, land law, land law science, food security, environmental security, legal norms, management
the article deals with some legal issues of environmental management on agricultural land as an element of countering threats to environmental and food security in the Chechen Republic. The relevance of the research topic is substantiated. A forecast is made that due to the progressive growth of the population and the repatriation of part of the emigrants, as well as due to the unjustified allocation of arable land for non-agricultural purposes, land tension in the Chechen Republic will increase from year to year. The reasons for the low quality of agricultural land are presented and some ways of their improvement are substantiated. On the basis of a systematic approach, it was argued for the first time that instead of the scientific term «protection and rational use of agricultural land», it is necessary to introduce the expression «rational nature management on agricultural land» into scientific use. Following the example of the forestry and water codes and the Law of the Russian Federation on Subsoil, it was proposed to introduce a special section “Management in the field of use, protection, protection, reproduction of land fertility” in the Land Code of the Russian Federation and the Land Code of the Chechen Republic.
NEW TECHNOLOGIES IN ENSURING ENVIRONMENTAL LEGAL ORDER. REVIEW OF THE ROUND TABLE IN THE FRAMEWORK OF THE XVII INTERNATIONAL PRACTICE SCHOOL OF YOUNG LEGAL SCIENTISTS «LAW AND TECHNOLOGIES OF THE FUTURE»
Author: Nikonov, Rodion Valentinovich
Keywords: environmental law, environmental law and order, new technologies, climate change, climate change prevention
review on the results of the round table «Environmental law and order and technologies to ensure it» (ILCL, May 2022).
LEGAL REGULATION OF THE IMPLEMENTATION OF CLIMATE PROJECTS AS A BASIS FOR LOW-CARBON DEVELOPMENT OF RUSSIA
Author: Ponomarev, Mikhail Vyacheslavovich
Keywords: climate project, carbon landfill, validation of the climate project, verification of the results of the climate project, carbon unit, circulation of carbon units, accounting of carbon units, offset of carbon units, registry of carbon units, climate regulation, low-carbon development, carbon neutrality, carbon footprint
within the framework of this article, studies the legal regulation of the implementation of climate projects under the conditions of the new carbon regulation system, due to the adoption of Federal Law No. 296-FZ of July 2, 2021 «On Limiting Greenhouse Gas Emissions», Federal Law No. 34-FZ of March 6, 2022 «On conducting an experiment to limit greenhouse gas emissions in certain subjects of the Russian Federation» and system of subordinate regulatory legal acts.
In particular, the article discusses the concept of «climate project» and its content, examines the system of measures to support and economically stimulate activities for their implementation, the procedure for verifying the results of climate projects, the specifics of the circulation and offset of carbon units obtained as a result of the implementation of these projects in order to reduce the carbon footprint of economic activity.
ON THE QUESTION OF THE EXPEDIENCY OF BORROWING MODELS OF CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: ANALYSIS OF LEGISLATION OF FOREIGN COUNTRIES
Author: Vasilikhina, Yulia Vladimirovna
Keywords: artificial intelligence, legal liability, criminal liability, legal regulation of criminal liability of artificial intelligence, foreign experience
artificial intelligence technologies have a very rapid development. Algorithms are becoming more sophisticated, their degree of autonomy is increasing, allowing them to make decisions without human participation. These circumstances have positive and negative aspects, the latter of which are the likelihood of artificial intelligence causing harm to humans and society. In this connection, the issue of legal regulation of its legal, and in particular criminal liability, becomes relevant. However, currently it remains unresolved in the Russian legal environment, there are no specific legislative solutions. Nevertheless, there are facts of harming a person by artificial intelligence. One of the ways to eliminate gaps in the law is the implementation of the norms of foreign legislation, which are to be considered in this article and come to the conclusion about the expediency or inexpediency of borrowing models of criminal responsibility of foreign countries into the criminal law system of the Russian Federation.
FEATURES OF LEGAL PROTECTION OF ELECTRONIC DOCUMENT MANAGEMENT SYSTEMS. ELECTRONIC MEDICAL RECORD AND THE RIGHT TO MEDICAL CONFIDENTIALITY
Author: Klyus, Lyudmila Dmitrievna
Keywords: electronic document management system, electronic medical record, medical secrecy, health care system, ensuring information security
the article is devoted to the analysis of the legal regulation of digital informatization in the healthcare sector. The author focuses on the content of various measures to ensure information security in this area of public relations.
COMPARATIVE LEGAL ANALYSIS OF ANTI-CORRUPTION POLICIES OF THE RUSSIAN FEDERATION AND GERMANY
Author: Miftakhov, Alim Ramilevich
Keywords: anti-corruption legislation, anti-corruption policy, corruption
The author in the framework of this study draws attention to the leading position of Germany in the field of combating corruption, which is also evidenced by the Corruption Perceptions Index compiled by Transparence International for 2021, where Germany ranks tenth among one hundred and eighty countries of the world. At the same time, the Russian Federation is only in 136th place in the presented rating, which allows the author to conclude that a comparative legal analysis of the regulatory legal frameworks of the Russian Federation and Germany is necessary in order to identify possible mechanisms for improving Russian legislation.