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ISSN 2588-0012

Included in the Russian Science Citation Index (RSCI)

ISSN 2588-0012
Included in the Russian Science Citation Index (RSCI)
FSBEI HE "Tambov State Technical University"
  "Legal Center" FORUM" LLC


Publisher: Publishing House FSBEI HE "TSTU"
Editor-in-chief: E.E. Orlova
Deputy Editor-in-Chief: E.V. Sudorgina

Executive Secretary of the Journal I.G. Pirozhkova
  • The journal has 4 issues a year;
  • Format 70 * 100/16, 10 printer'ssheets;
  • Circulation 100 pcs.
1. THEORY AND HISTORY OF LAW
2. PUBLIC LAW
3. CRIMINAL LAW
4. PRIVATE LAW
5. RELEVANT PROBLEMS OF LAW
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Elena Evgenievna Orlova

is the Chairlady of the Editorial Board of the journal
Director of the Law Institute of the Tambov State Technical University,

Candidate of Legal Sciences, Associate Professor.

Current issue


Articles

Legal Process and Procedural Form: Actualization of Concepts and the Problem of Relationship
G. Belyaeva, V. Belyaev

🗏 : 121-134
DOI: https://doi.org/10.17277/pravo.2024.02.pp.121-134
PDF:

The essential-substantive characteristics of the legal process and its procedural form in their relationship are presented. The main elements of the composition of the legal process are highlighted, taking into account the scientific views on the problems of the legal process of representatives of legal theory and branch sciences. Attention is focused on the unconditional inclusion in the concept of the legal process of legal activity, a special subject composition, goals and results of the legal process in its connection with the mechanism of legal regulation. A definition of a legal process is proposed: it is a complex and systemic legal structure that mediates the permanent stage-by-stage activities of authorized entities to resolve legal cases, proceeding in a procedural form with the issuance of final procedural acts, the implementation of which contributes to the effective implementation norms of substantive law. It is also confirmed that any type of legal process is characterized by a certain procedural form, which in the authors’ approach should be called procedural. The corresponding justification and definition are given: the procedural form is an external expression of the essential and substantive characteristics of the legal process and, at the same time, the procedural regulations of its functionality. Based on the results of the study, it is argued that the legal process and its procedural form are dialectically interconnected and interdependent, and are in inextricable unity towards the implementation of the goals and objectives of the legal regulation mechanism.


Institute of Liability in Labor Law: Theoretical and Legal Aspects
V. Turanin, O. Lilikova, N. Bogachev

🗏 : 145-151
DOI: https://doi.org/10.17277/pravo.2024.02.pp.145-151
PDF:

This article considers the institution of material liability in labor law, defines the basic concepts and features of this type of legal liability, and also provides a classification within the framework of labor relations through the analysis of various legal and theoretical sources. A number of pressing problems of determining forms of employee guilt, as well as prosecuting employers were discovered. Based on the results of the data analysis, ways to solve the research problems were proposed and corresponding conclusions were presented.

Legal Regulation of Funded Pensions in the Pension System in the Context of the Global Economic Crisis
M. Sultanova

🗏 : 152-160
DOI: https://doi.org/10.17277/pravo.2024.02.pp.152-160
PDF:

The article assesses the reforms in the pension system, their importance for improving the social protection of persons who have devoted their lives at working age and their abilities, knowledge and skills to the development of the socio-economic power of the state. In times of geopolitical crises, people of this category need special support. The results of targeted research in the field of pension law show gaps in the field of pension provision and their impact on the situation of people of retirement age during geopolitical crises. The urgency of the problem is also explained by the research data proving the importance of an effective pension system in the context of the global economic crisis. This hypothesis is confirmed by the data obtained in the process of surveys, interviews among pensioners and people of previous retirement age. The relevance of the topic implies the purpose of the study – to determine the directions for improving the system of funded pensions and other pension provision for persons of previous retirement age in the era of the global economic crisis. Proposals to improve the pension system for this category of persons are based on the study of scientific literature, pension legislation and the results of sociological surveys among different categories of citizens of the republics of the North Caucasus, who are mostly of preretirement age. The study revealed the attitude of middle-aged citizens and people of preretirement age to reforms since 2002, as well as an increase in the retirement age. In the course of the study, sociological methods were used, on the basis of which the results of surveys among people of preretirement age regarding their opinion on the size and methods of assigning a funded pension were analyzed. In addition, the study was conducted using comparative legal, historical and dialectical methods, as well as generalization and analysis of materials on the appointment of pensions in the cities of the Republic of Dagestan through the Social Fund of Russia. The conducted research has once again confirmed that pension provision remains an integral attribute of the social system in any difficult socioeconomic situations, especially in the era of geopolitical changes. People who, for objective reasons, received the status of pre-retirees at retirement age found themselves in a difficult life situation, and therefore it became necessary to make changes to the system of providing funded pensions for people of pre-retirement age. The research is of practical importance, the results of which can be used in the course of improving the system of providing funded pensions to people of pre-retirement age.

Some Problems of Preventing Crimes Committed on an Inter-Ethnic Basis
A. Barysheva, S. Kirillov, E. Prokopenko

🗏 : 161-166
DOI: https://doi.org/10.17277/pravo.2024.02.pp.161-166
PDF:

The article deals with the analysis of the characteristics of crimes among migrants. The factors influencing such crime are identified: cultural and religious factors, educational factors, closed subculture, low legal culture. It is proposed to create specialized units in law enforcement agencies as an organizational preventive measure. The prevention of such crimes should be based on the involvement of leaders of religious denominations, the integration of migrants into Russian culture, and the cultivation of respect for manifestations of national cultures.

Criminal Law Aspects of Crime Prevention Related to Illegal Transplantation
D. Ziyadova, Z. Gafurova

🗏 : 167-177
DOI: https://doi.org/10.17277/pravo.2024.02.pp.167-177
PDF:

Relevance: The main directions of preventive activities in the field of illegal transplantation of human organs and tissues are poorly regulated in the Russian Federation. There is no clear legal system of responsibility for the acts most common in the field of transplantation. The conducted study confirmed the information available in scientific reports on the prevalence in the field of transplantation medicine of trafficking in donated organs and tissues, smuggling, criminal sampling and transplantation of human organs and tissues. The lack of effective legal regulation in the field of human organ and tissue transplantation is a factor in the spread of offenses in this category. The legal system of the Russian Federation does not comply with the dictates of the times, does not take into account changes in the field of transplantation in the era of new technologies. There is no liability for the purchase and sale of human organs, advertising of such actions and other acts related to the use of human organs and tissues. Objectives and methods: The purpose of the study is to analyze the legal system of state policy in the field of crime prevention in the field of human organ and tissue transplantation and to identify areas for improving the effectiveness of regulatory legal acts aimed at suppressing acts related to the seizure or coercion to the removal of human organs. To achieve this goal, the research uses such methods as the analysis of normative legal acts, the generalization of investigative practice materials, the comparative legal method, the method of expert assessments, content analysis of mass media, sociological methods. Results: In the context of global changes in the field of high technologies, an effective legal system in the field of countering commercial donation is important. In the Russian Federation, there is no coherent legal system for protecting the rights of individuals to express their will independently in the field of organ transplantation. For a more successful formation of legal norms in this area, it is necessary to study the positive experience of some foreign countries. Based on a comparative analysis of the legislation of foreign countries and the generalization of scientific reports, it is proposed to establish responsibility for the illegal removal of organs and (or) tissues from a living and inanimate person, the purchase and sale of human organs, advertising of such actions and other acts related to the use of human organs and tissues. Changes in the title and disposition of Article 120 of the Criminal Code are proposed in order to eliminate discrepancies in the interpretation of the norm and to eliminate gaps in law enforcement activities. Practical implications: The results of the study can be used to improve the legal system for the protection of individual rights to self-expression in the field of organ transplantation.

Problems of Contempt of Court Classification (Article 297 of the Criminal Code of the Russian Federation)
E. Kurguzkina, N. Vlasova

🗏 : 178-191
DOI: https://doi.org/10.17277/pravo.2024.02.pp.178-191
PDF:

Problems related to the definition of the basic concepts associated with the commission of a crime in the form of contempt of court were considered. The wording of the definitions insult,honor, dignity is proposed, actions that can be qualified as contempt of court are considered. An attempt is made to determine the criteria for the circle of victims according to the investigated composition of the crime. The place of this crime is determined. The formality of this corpus delicti is explained as completed from the moment the action was committed. Based on the study, the main recommendations on the criminal legal qualification of contempt of court were determined.

Corruption and the Use of Artificial Intelligence Products in the Process of Compliance with the Principle of Legality in Production on a Criminal Case
D. Tetkin, A. Pudovkin

🗏 : 192-199
DOI: https://doi.org/10.17277/pravo.2024.02.pp.192-199
PDF:

The problematic aspects of compliance with the principle of legality in criminal proceedings are considered. The factors influencing the deliberate violation of the law in criminal proceedings are highlighted. Aspects of corrupt behavior of investigators, interrogators and other law enforcement officers are examined. The reasons for unintentional violation of the principle of legality in criminal proceedings are presented. The article presents the authors' conclusions that in order to achieve the goal of compliance with the law and resolve the most important issues in the field of ensuring the rule of law in criminal proceedings, it is important to improve criminal procedural legislation, as well as the implementation of a set of organizational measures to improve the professionalism of employees, minimize corruption risks and using artificial intelligence products. According to the authors, using a neural network to detect corruption only makes sense years later, when AI-based systems have been improved.

Criminal Legal Analysis of Ecocide: Objective and Subjective Signs, Qualification Issues
I. Shikula, A. Proskuryakov

🗏 : 200-212
DOI: https://doi.org/10.17277/pravo.2024.02.pp.200-212
PDF:

As part of the article, the authors conduct a criminal legal analysis of the crime of ecocide. The problems of the object, subject, objective and subjective sides are studied. Issues related to the specific object and the subject of the ecocide crime are examined in more depth. The concept of environmental safety and its constituent elements are formulated. The concept of environmental disaster is assessed. Qualifying criteria for the composition of ecocide provided for in Article 358 of the Criminal Code of the Russian Federation are proposed. The authors propose a new definition of the criminal article, providing for liability for ecocide. The question of criminal liability of legal entities for ecocide is raised.

Grounds of Liability for Offense at the Pre-Contractual Stage of Civil Transactions
V. Ermolovich, N. Volkova

🗏 : 213-234
DOI: https://doi.org/10.17277/pravo.2024.02.pp.213-234
PDF:

To differentiate the grounds of civil liability for offenses at the pre-contractual stage of transactions, an integrated approach is required. In this regard, the grounds for pre-contractual liability have been systematized in accordance with the provisions of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code), the preliminary agreement, and the nature of the harm caused. Conceptual characteristics of the elemental composition of offenses at different stages of the transaction are given. The grounds of liability for violation of the procedures provided for by the norms of the Civil Code for concluding various types of contracts are differentiated. The grounds for property and non-property claims by the parties at the pre-contractual stage of civil law transactions are given.

Legal Expertise of the Project Notifications on the Purchase of Goods, Works, and Services to Ensure State and Municipal Needs as a Means of Supporting Competition
V. Kramskoy

🗏 : 235-246
DOI: https://doi.org/10.17277/pravo.2024.02.pp.235-246
PDF:

In this article, which is of a theoretical and applied nature, the author examines the institute of legal expertise of the draft notification on the procurement of goods, works, services for state and municipal needs from the point of view of ensuring the implementation of the principle of competitive public bidding provided for by the Federal Law on the Contract System. It is noted that this legal institution by its nature represents control by the relevant entities, which consists in establishing the relationship between the actions of participants in the contract system and legal ones the requirements that they must fulfill when forming an order for the supply of goods, performance of work, provision of services. In view of this, legal expertise within the framework of the contract system, according to the author, is a vivid example of legal control in order to effectively operate it, including in order to ensure conditions for a market economy.

Universal International Legal Acts Regulating the Issues of Prevention and Response to Emergency Situations in the Arctic Region
V. Gavrilenko, S. Nemchenko

🗏 : 247-259
DOI: https://doi.org/10.17277/pravo.2024.02.pp.247-259
PDF:

A study was conducted of the legal regulation of international cooperation and joint interstate activities in the field of prevention and response to emergency situations in the Arctic region. Seven international legal acts of a universal nature regulating the prevention and response to emergency situations at sea, both in the waters of the world's oceans in general and in the Arctic region in particular were analyzed. Certain criteria were developed that make it possible to analyze the studied international legal acts with a view to regulating the issues of preventing and eliminating emergency situations in sea and ocean waters. Scientifically based proposals were formulated to improve the legal regulation of international cooperation in the field of prevention and response to emergency situations in the Arctic, on the adoption of a new international Convention in the field of prevention and response to emergency situations in the Arctic region and the development of a new international standard “Guidelines for preparedness and response to sea pollution by oil in the Arctic”. Thus, the result of the study will represent an up-to-date development of a high theoretical level to improve the current international legislation.
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