Архив

Topical issues of the history of the protection of labor rights from the 1880s to the October Revolution of 1917are considered. The conclusion is made about the formation of key forms of protection of labor rights in the framework of the evolution of the labor legislation of the Russian Empire, associated with the rapid development of capitalist relations in post-reform Russia. Based on the analysis of the regulations that form the organizational and legal basis for the activities of the Factory Inspectorate, the evolution of local and central management of state supervision in the field of labor relations, four historical stages have been identified within the indicated period.

Issues related to the use of mobility restrictions on prisoners of war in early modern times have never attracted the attention of either domestic or foreign lawyers. Meanwhile, their consideration could contribute to a deeper reconstruction of the processes of evolution of military and international humanitarian law. The purpose of this study is to partially fill the designated historiographical gap. In the course of the work, it was established that in the first half of the 17th – 18th centuries in most European states, an imperative norm of customary international law and military ethics was formed and established, providing for a ban on the imprisonment of prisoners in chains. The main historical prerequisites for the origin and formation of this prohibition are revealed. It is proved that the norm in question was formed as a result of the recognition of an enemy soldier as a bearer of military honor, and its main purpose was to prevent the identification of a prisoner of war with a criminal. It was emphasized that in Russia, the ban on the use of mobility restrictions on prisoners was developed in line with the main an-European trends and in close connection with the modernization of the country and its armed forces.

The role and significance of legal terminology as the means of legal technique are considered. It is noted that it is the unity of the use of legal terminology that leads to the uniformity of the application of the rules of law, which, in turn, affects the stability of the entire legal system. To illustrate, a comparison is made of the methods of constructing terminology used by the Russian and Australian legislators in the regulation of public relations, one of the subjects of which is public authority. It has been established that in Australian legislation, in contrast to the legal and technical methods used in Russia, in such cases a single generalizing concept of “public power” is used, which makes it possible to avoid a detailed enumeration of its structural elements in the text of the law. This technique allows universalizing the legal provisions contained in the law and increases their durability.

The analysis of the legislation of the constituent entities of the Russian Federation on the registration of regulatory legal acts of executive bodies as one of the ways to ensure the rule of law is given. The concept, purpose and functions of the state registration of normative legal acts have been studied. A comparative legal description of the state registration of normative legal acts of federal executive bodies and the state registration of normative legal acts of executive bodies of the constituent entities of the Russian Federation is given. Conclusions are drawn about the inconsistency and imperfection of regional legislation in this area. The ways of development of the institute under consideration are proposed by transferring registration powers to the territorial bodies of the Ministry of Justice of Russia.

The issue of employment of disabled people in the current economic reality has been studied. The main problems associated with the employment of disabled people and other low-mobility groups of the population are identified, including when quoting jobs in organizations of various organizational and legal forms and forms of ownership. The statistical data of Rosstat on the number of disabled people in the Russian Federation were studied. The areas of development to improve the position of disabled people in employment are proposed.

The article is devoted to the consideration of mechanisms of antimonopoly legislation on the issues of legal regulation of market relations in the digital economy. The legal aspects of the activities of economic entities that use digital platforms are analyzed. The experience of foreign countries in this area is studied, using the example of the legislation of Germany and the European Union, the phenomena of specificity of digital markets and the regulation of the market of digital platforms are highlighted.

The article analyzes the provisions of the first chapter of the Constitution of the Russian Federation, which enshrine the foundations of the constitutional order. At the moment, there is no unity of opinion in special literature about specific blocks of meaningful characteristics of the constitutional system of Russia. The author proposes to single out five such blocks: a) the main characteristics of the Russian state; b) the principles underlying the formation of the constitutional status of the individual, as well as the foundations of civil society; c) principles of organization of power in the Russian Federation; d) provisions fixing the foundations of the state structure, federal nature of Russia; e) the principles of the formation of the legal system of the state. Within the framework of the article, an analysis of the specific content of these foundations of the constitutional system is carried out; problems associated with their implementation are identified.

The purpose of the paper is to study the state of development of the fight against illegal mining in Russia and the prevailing theory of the totality of elements and the selection standard in identifying the subject of secret theft of someone else's property. The subject is the norms governing digital law, mining and the general structure of the subject of the crime in the commission of illegal consumption of electrical energy. In the theory of criminal law science, a general standard of the subject of the crime in the form of theft of someone else's property is adopted; it highlights the position that electricity belongs to the types of other property and cannot be recognized as the subject of theft without having the sign of a thing. Taking into account this theory, modern and historical trends in the fight against mercenary crime and specific possibilities for implementing the elements of the concept of the subject of theft are studied, taking into account the interpretation of such categories as digital and property rights, mining in the form of human activity in the information space, electricity as other property in the subject of theft. It has been established that at the current stage of development of society, the fight against illegal consumption of electricity does not meet all the requirements of the new digital economy, where the concept of the subject of theft is not extended to all types of energy, and the misappropriation of electricity is still qualified for property damage through deceit or breach of trust.

The paper considers environmental extremism as a variety of extremism. Attention is drawn to the relationship between politics and environmental extremism. It is noted that environmental extremists carry out their actions in public places in the hope of causing public outcry and drawing as much attention as possible to their organizations. The emergence and spread of environmental extremism is an alarming signal. It poses a real, tangible threat to public safety. It is illustrated by other numerous actions of ecoactivists in different parts of the world. Environmental extremism has specific features, the study of which makes it possible to predict the further development of this negative socio-political phenomenon in the future. Firstly, environmental extremism is a reaction to environmental problems, but in the end it becomes dangerous, turns into a problem. Secondly, there are good intentions to help the environment, but the result is unfavorable. Thirdly, in the coming years it will only intensify due to the fundamental insolubility of many environmental problems, their close relationship with other global problems of our time.

The paper considers terrorism as a relevant problem through the prism of youth issues. The description of the approach to this problem is given. The paper proposes some ways aimed at reducing manifestations of terrorism in the Russian Federation to a minimum. It is worth saying that children's thinking and mind, as well as youth's, are very unstable to external influences, which is why cases of the development of terrorist-oriented behavior among young people, as well as other criminally-oriented behavior, are quite common. At the same time, it is proved that terroristic inclined behavior originates in the youth years and at an early age, which greatly increases the significance of this problem. Changes that are effective in practice in anti-terrorist work with youth are determined and listed; if properly implemented, they can lead to complete elimination of the problem of terrorism among the youth.

The article analyzes the categorical and conceptual apparatus of terrorist crimes, in particular such categories as “orientation” and “character”. The relevance of the topic is determined by the need of the development of the categorical apparatus of the criminal law and legislation caused by the change and complication of modern crime, including the spread of terrorist crimes, as well as the casual consolidation of the terms “orientation” and “character” in relation to certain groups of crimes, including terrorist crimes. The organization of criminal law enforcement established in the relevant areas with the use of complex legislative acts requires the formation of a universal definition of the direction of the crime, as well as its nature, to systematize the norms of criminal law institutions, to clarify the location of various articles of the special part of criminal legislation. Obviously, mentioned points are relevant for the criminal law norms regulating the sphere of countering terrorist crimes. The article formulates conclusions and suggestions on the validity of the application of the categories “orientation” and “character”.

The article is devoted to the analysis of foreign experience in the implementation of innovations in the economy, a special place among which is occupied by electronic signatures in electronic documents. The general legal and private legal methods of cognition used made it possible to analyze and summarize foreign experience in the use of digital technologies in general and the use and recognition of electronic signatures in various obligations in particular. In the course of the study, the problems of information protection and the guarantee of reliability and compliance of the person who committed the action online were identified. It is established that these problems are solved by fixing a qualified electronic signature in the national legal order. The problems of correlation in foreign countries of information, civil and other branches of law in the regulation and use of electronic document management in business are highlighted. As a result, the directions of rule-making activity in Russia on the commission of legally important actions online and the use of electronic signatures in various respects are outlined.