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Articles

Legal Regulation of the Public Welfare Office in the First Half of the 19th Century as a Socio-Medical Factor in the Development of Russian Cities
Yu. Belova, I. Pirozhkova

🗏 : 407-413
DOI: https://doi.org/10.17277/pravo.2024.04.pp.407-413
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The article is devoted to the analysis of the legal status of the Public Welfare Office in the system of the Ministry of Internal Affairs – a departmental governing body, locally subordinate to the provincial government. Based on the normative documents of the Code of Laws of the Russian Empire, the organizational and legal mechanisms of the activities of the Public Welfare Office, in the sphere of supervision of which were almshouses, state hospitals, workhouses and other institutions of social welfare. It is concluded that the socially oriented medical activities of these institutions had a city-forming significance in terms of the administrative status of the city in which they were located and in terms of urban planning practices, which were subordinated to the objectives of sanitation and hygiene.

On the Issue of Forming the Legal Consciousness of Employees of Internal Affairs Bodies
М. Burkova, S. Kirillov, E. Prokopenko

🗏 : 414-423
DOI: https://doi.org/10.17277/pravo.2024.04. pp.414-423
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In the study, the authors pay attention to the urgent problem of the formation of legal consciousness and legal behavior of employees of internal affairs bodies. Particular attention is paid to organizing work on legal education of employees of internal affairs bodies. The urgent problem of choosing optimal, integrative methods and forms of work on the legal education of employees is highlighted, regarding significant differences in the level of education, level of culture and level of legal awareness of employees of internal affairs bodies and service teams. A qualitative change in approaches to organizing legal education for employees, consolidating the work of all subjects of legal education while considering the need to solve the main material and everyday problems of employees contributes to the effective solution of the problems identified by the authors. Based on the research conducted, the authors of the article formulated proposals aimed at improving the quality of work to form the legal consciousness of employees of internal affairs bodies.

Protection of Labor Rights in the Soviet Period: 1922 – 1929
A. Petrov

🗏 : 424-434
DOI: https://doi.org/10.17277/pravo.2024.04.pp.424-434
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The paper considers the process of formation of the main labor law institutions, the formation of organizational structure of state and public nature, related to the system of protection of labor rights of workers in the period of rapid development of socio-economic processes associated with the new economic policy. The study is based on the historical and legal documents of the 1920s, establishing the status, powers of officials and bodies with quasi-judicial functions. The research aims to analyze the normative material related to the protection of labor rights through appealing to the rate-conflict commissions, conciliation chambers, arbitration courts, trade unions. The paper is based on several published author's studies on the history of protection and regulation of labor in Russia in different periods of the history of the formation of the theory and practice of labor legal relations.

Legal Support of Land Mortgages by the Noble Bank and its Special Department at the End of the 19th Century
S. Frolov, G. Pratsko

🗏 : 435-444
DOI: https://doi.org/10.17277/pravo.2024.04. pp.435-444
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Introduction. The relevance of the topic is shown and the points of view of modern researchers are revealed, justifying the need to create a State noble Land Bank after the peasant reform carried out by Alexander II. Aim. The objectives of the study are to analyze the content of circulars, rules, decrees and manifestos of the emperor aimed at the legal provision of mortgage loans to noble estates; to characterize the system of documentation aimed at issuing loans, installments of urgent payments, lowering interest on loans, carrying out estate pricing in the activities of the Noble Bank and its special department.Methods. The study used methods of legal research, including the analysis of normative legal documents that ensure document flow in the Noble Bank and its special department; the study used a comparative legal method, demonstrating the peculiarities of the implementation of circulars, rules, decrees and manifestos of the emperor in the practical activities of the bank. Results. It has been established that since its opening, the branches of the Noble Bank had to deal with a large number of loan cases at the end of the 19th century, which required the preparation of extensive and diverse documentation. This procedure provided for the process of submitting an application, authorizing and issuing a loan, paying urgent payments, and granting benefits on a loan to hereditary nobility. From the opening of the Noble Bank and throughout the period under study, there was active legal regulation of the bank and its special department by the Emperor, the Minister of Finance, and the bank's council. As a result, the mortgage loan was in demand by representatives of the hereditary nobility of the Russian Empire. Conclusion. The legal provision of land mortgages by the Noble Bank and its special department contributed to the economic support of the hereditary nobility, who found themselves in a difficult financial situation after the abolition of serfdom. During the late 19th century, the bank's activities were characterized by the preferential nature of lending to estates.

Experimental Legal Regimes in the System of Legal Incentives
A. Podolskiy, R. Nikulin, I. Fokin

🗏 : 445-452
DOI: https://doi.org/10.17277/pravo.2024.04.pp.445-452
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The article is devoted to the study of issues of legal stimulation through legal experiments and experimental legal regimes, which manifests the scientific novelty of the article. It is noted that the system of legal incentives is one of the ways to individualize legal regulation, create special conditions for the exercise of rights and obligations by legal entities. Legal incentive regimes such as the incentive regime and the preferential legal regime are of the greatest interest as a tool for legal experimentation. It is for the legal regimes of this group that testing is required to determine their expediency, effectiveness and usefulness. A legal experiment is being conducted to identify the pros and possible cons (costs) of the regime. The article provides an analysis of scientific approaches to the definition of a legal experiment. In its most general form, a legal experiment is a limited approbation of proposed legislative innovations organized by a competent legislative body to verify their effectiveness, usefulness and profitability. As the purpose of establishing experimental legal regimes, it is indicated that such regimes act as a means of modernizing legislation, the result of which should be the improvement of basic legal regulation. The peculiarity of the experimental legal incentive regime is the fact that its norms have a unique status, since they are in a “suspended” state. This means that until the end of the implementation of the experimental legal regime, it is unknown whether these norms will find a place in the system of customary law or not.

Restrictions on Rights and Freedoms to Protect Public Health in Decisions of the Constitutional Courts of the Russian Federation and the Republic of Belarus
A. Smirnykh

🗏 : 453-467
DOI: https://doi.org/10.17277/pravo.2024.04.pp.453-467
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A comparative study of decisions of the constitutional courts of the Russian Federation and the Republic of Belarus on issues of limiting human rights to protect public health was carried out. An analysis of decisions of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Belarus on issues of limiting human rights in general and to protect public health in particular was conducted. It was established that in the Russian Federation and the Republic of Belarus, constitutional courts attach dual importance to the right to health. It was determined that the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Belarus on issues of limiting rights establish the need to comply with the principles of proportionality, adequacy and fairness of the restrictions introduced.

On the Constitutional Frameworks for Developing Social Relations
A. Ulyanov

🗏 : 468-479
DOI: https://doi.org/10.17277/pravo.2024.04.pp.468-479
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The paper considers the questions of formation and development of legal institutions related to the foundations of social and economic system of the co-modern state. Various methods of justification and legalization of de facto existing social institutions are shown in the constitutions and legislation of Russia and foreign countries. It is concluded that the modern Constitution enshrines the foundations of the plan (program) of socioeconomic development of the country.

Artificial Intelligence (Neural Network) as a Modern Perspective for Optimizing the Work of an Investigator with Procedural and Other Documents
D. Tetkin, D. Danilenko

🗏 : 480-489
DOI: https://doi.org/10.17277/pravo.2024.04.pp.480-489
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The article is devoted to the prospects for optimizing the investigator's work with procedural and other documents using the capabilities of a neural network. The authors note that the modern Russian state and society have embarked on the path of intensive digitalization, this direction is predetermined by the needs of development in various areas of both science and practice. Currently, the development and attempts to implement such a type of artificial intelligence as a neural network into the activities of state bodies and public organizations of various levels are in the active phase. The authors consider those ways of optimizing the investigator's work that will help in drawing up printed procedural and other documents. Also, the authors determine the problems that the investigator faces when drawing them up and suggest areas for improvement. The authors propose to develop and implement in the system of the Ministry of Internal Affairs of Russia a program that will contain templates of all documents that the investigator needs when investigating a criminal case. This program will have built-in neural networks or other software that will perform the assigned tasks (correct errors, translate text into a third party, translate text into other languages, facilitate the circulation of documents between all state and non-state institutions (organizations), and other tasks).

Criminological Aspects of Polluting the Marine Environment of the Caspian Sea
S. Shapiev, A. Shapieva

🗏 : 490-500
DOI: https://doi.org/10.17277/pravo.2024.04.pp.490-500
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In the era of new technologies, environmental problems have become significant in all regions of the Russian Federation. High-tech (digital) transnational organized crime in the era of high technologies contribute to the rapid transformation of the natural environment, as well as an increase in the radioactive background, the emergence of a threat to national and environmental security. According to the researchers, this threat is related to environmental aggression, which has become an acute problem recently. Therefore, regional studies show that in many regions of the Russian Federation, the problems of nature protection are becoming particularly relevant. The Republic of Dagestan is no exception, with large cities located on the shores of the Caspian Sea. In this water area, pollution manifests itself mainly from oil, but there is also contamination with industrial waste through the irrigation system of Northern Dagestan. According to experts, the seawater on the coast of the cities of the republic is polluted by numerous sewage wastes. In this regard, cases of fish and seal deaths have been noted in recent years. Experts say that in some cities of the republic drinking water is not suitable for consumption, adversely affecting the health of the population. Therefore, the problems of ensuring environmental safety in modern conditions are of paramount importance. The effectiveness of the marine pollution prevention system of the Caspian Sea also depends on the quality of research in the field of water protection, which increases the importance of targeted criminological research.

Theoretical Foundations of the Organization of Voluntary Medical Insurance
V. Gavrilenko, V. Shenshin, D. Popkov

🗏 : 501-507
DOI: https://doi.org/10.17277/pravo.2024.04.pp.501-507
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The presented article examines the theoretical foundations of the organization of voluntary health insurance. Part 1 of Article 41 of the Constitution of the Russian Federation stipulates that everyone has the right to health protection and medical care. It follows from this constitutional provision that health protection of citizens of the Russian Federation is a priority task of the state. To implement it, a health care system has been created, which includes both public and private medical institutions. However, despite the significant efforts of the state to develop health care, there are several problems that do not allow citizens to be fully provided with high-quality and affordable medical care. Such problems include insufficient funding of the industry, a shortage of qualified personnel, a high level of morbidity among the population, etc. In these conditions, the development of a voluntary health insurance system, which is an additional source of financing for health care and allows citizens to receive a wider range of medical services in addition to compulsory health insurance programs, is of particular importance.

Legal Regulation of the Division of Marital Property in Connection with the Dissolution of Marriage
I. Kalinina

🗏 : 508-523
DOI: https://doi.org/10.17277/pravo.2024.04.pp.508-523
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The article reveals the intersectional regulation of property relations between spouses in connection with the dissolution of marriage by the legal norms of constitutional, civil, family and housing law. It is proved that the legal institution of the division of property of spouses in connection with the dissolution of marriage regulates not only the actual property relations, but also ensures the realization of the personal rights of family members and the appointment of the family as a social and moral union of a man and a woman. Such a union, as it is defined in the context of spiritual and religious understanding, as well as in the context of the fact that the family is necessary for procreation and the creation of conditions for the development and upbringing of children. It has been established that despite the sufficient regulation of this area by law, in practice there is a different understanding by the courts of the legal norms used in resolving disputes in the division of property. The necessity of state assistance as a form of social assistance in legal support of the resolution of civil (property) issues during the dissolution of marriage, as well as reducing financial costs during the dissolution of marriage when contacting public authorities and performing notarial actions is argued.

Plenums of the Supreme Court of the Russian Federation as a Legal Source of Judicial Protection of Car Owners' Interests
T. Lavrik, M. Zavodov

🗏 : 524-537
DOI: https://doi.org/10.17277/pravo.2024.04.pp.524-537
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The article analyzes the last two resolutions of the Plenums of the Supreme Court of the Russian Federation, the norms of which are guided by the courts of general jurisdiction in making court decisions, which form a unified judicial practice for the consideration of cases of protection of the rights of car owners in the field of motor insurance. The article reflects specific examples of the implementation of legal norms of the resolutions of the Plenums of the Supreme Court of the Russian Federation, and shows its interaction with other normative legal acts designed to protect the rights of car owners (consumers of financial services). Separate theses of the article analyze the problems that arise in the process of realizing the rights and obligations of car owners of vehicles when considered by insurance companies as consumers of financial services, directly related to the legal relationship between policyholders and insurers in the settlement of an insured event, as well as liability (consequences) for insurance companies for violation of the rights of policyholders (consumers of financial services).