Архив


Articles

Ambivalence as a Property of Secondary Law
V. Kramskoy

🗏 : 255-268
DOI: https://doi.org/10.17277/pravo.2023.03. pp.255-268
PDF:

The paper analyzes the features of secondary law from the point of view of the presence in it of an element of duality, which makes it possible to state the manifestation of a certain ambivalence of secondary law. Thus, with practical examples, secondary law is considered in a number of cases: as a part of public law and private law, as a right and as an obligation, as a subjective secondary right and as a subjective informative right, as a right that gives the opportunity for independent action in order to achieve one’s interest, and as a right to someone else’s behavior, as a permanently existing legal phenomenon and as a opportunistically emerging one. In addition, the study provides a systematization of the views of scientists on understanding the essence of second law and, as a result, states a certain ambivalence of second law. In the course of the study, the author makes comments in the development of the scientific discussion regarding the identification of the property of ambivalence not only of secondary rights, but also of other subjective rights. In conclusion, the main conclusions of the work are presented, the key of which is the definition of legal ambivalence with an emphasis on its specificity for secondary law, and also states the manifestation of duality both in general in relation to the theoretical structure of secondary law and in relation to specific types of secondary rights.

History of Labor Rights Protection: from the October Revolution to NEP
A. Petrov

🗏 : 269-278
DOI: https://doi.org/10.17277/pravo.2023.03.pp.269-278
PDF:

The paper discusses the topical issues of the history of the protection of labor rights in the first years of Soviet power when private entrepreneurship was rapidly developing during the NEP period, as well as regulatory documents establishing the status of administrative and public bodies that control employment and workers’ rights. Judicial acts regulating labor disputes have been studied. The structure of the Labor Code of the RSFSR of 1918 is analyzed; a conclusion is made about its incompleteness in terms of establishing guarantees of labor rights and determining the procedure for labor disputes.

Intersectoral Relations of Labor Law in the Digital Age
M. Sultanova

🗏 : 279-287
DOI: https://doi.org/10.17277/pravo.2023.03.pp.279-287
PDF:

The relationship between labor law and other branches of law in the era of digital technologies is considered. In the digital world, the relationship between labor law and the administrative and criminal branches of law is of particular importance. The connection between labor law and criminal law is determined. The relevance of the problem is explained by the results of studies focusing on the increasing role of labor law in the context of the global economic crisis and the development of digital technologies. Therefore, in the digital age, other branches of law, in turn, have to be on guard for the protection of labor interests. The study aims to determine directions for improving the process of interaction of labor law with other branches of law in the digital age. Based on the generalization of scientific literature and data obtained through the study of investigative and judicial practice, some directions for improving the process of intersectoral relations of labor law with other branches of law in the field of protection of labor rights in the digital age are proposed. The attitude of respondents towards the criminalization of certain acts that violate the labor interests of citizens in the digital age has been revealed. The results of surveys among various categories of the population regarding the adoption of new labor legislation, the main purpose of which will be the protection of labor relations in the digital age, are also analyzed. The results of the study can be used in the activities of specialized subjects in the prevention of offenses in the field of labor relations, and also taken into account when improving labor, administrative and criminal legislation.

Features of the Propaganda Impact of the Normative Act Text
E. Toguzaeva

🗏 : 288-295
DOI: https://doi.org/10.17277/pravo.2023.03.pp.288-295
PDF:

An analysis of the propaganda potential of normative acts has been carried out. The communication impact of a legal act is enhanced by the use of special techniques and techniques used by the legislator. The author emphasizes that the inherent communication impact of the text of a normative legal act can also have a propaganda effect (for example, to promote patriotism, the importance of legal education, the health of the nation, the cohesion and unity of the people, etc.). The paper outlines the factors of the propaganda impact of the normative legal act text, such as socio-political goals, ideological orientation, motivational support, compliance with the idea of the law and its implementation, implementation in the interests of the state (state power) through of the implementation of the ideological function of the state, etc. The article provides examples of such legal acts as concepts, strategies and doctrines, which have the highest concentration of political and ideological impact through the inclusion of propaganda in the texts of legal acts, and also highlights the characteristic features of the propaganda impact of the text of a normative act.

Digital Transformation in the System of Local Self-Government of the Russian Federation as a Factor in Increasing Public Confidence
M. Lipchanskaya, T. Balashova

🗏 : 296-309
DOI: https://doi.org/10.17277/pravo.2023.03.pp.296-309
PDF:

The article analyzes the transformation of some types of direct and representative democracy at the municipal level in the context of the use of digital technologies and its impact on public confidence in local selfgovernment. As the main results, the authors propose a number of conclusions that the scope of application of digital technologies is steadily expanding. Free elections, which are the main institution of direct democracy in public authorities at the municipal level, were also no exception and underwent a soft introduction of digitalization. At the same time, remote electronic voting has both positive and negative sides. On the one hand, digital technologies can significantly simplify the conduct of electoral procedures, ensuring speed and accessibility, as well as reducing the costs of their organization. On the other hand, certain risks are also inevitable, in particular, related to ensuring information security of both citizens and municipalities.

Legal Paradigm of the Common Labor Market in the Context of Integration Processes of the Eurasian Economic Union
E. Orlova

🗏 : 310-316
DOI: https://doi.org/10.17277/pravo.2023.03.pp.310-316
PDF:

The paper studies the issues of building the legal space of the labor market of the member states of the Eurasian Economic Union (EAEU). The legal paradigm of the common labor market and the processes of harmonization of legal regulation in the field of employment represent the most important elements of the larger process of Eurasian development. Particular attention paid to the definition of concepts and content of the labor market as a system of relations in the sphere of labor and employment requires an attempt at analysis that explains the consequences of this complex phenomenon. The rationale for the idea is given that the effective development of the common labor market requires synchronization of the collective successes of all its participating states in the field of labor, employment and economic security. The current features of the development of the common labor market of the EAEU, possible and compatible problems in this area are analyzed. A practical expression of the common labor market paradigm is associated with the regulatory provision of employment opportunities in the territory of the union for citizens of all EAEU states. This approach provides several advantages when employing citizens of states compared to states, which is not a clear sign of members of the EAEU. Increased attention is paid to the digitalization of the complex labor market using the Eurasian Labor Exchange platform. It is concluded that the integration processes in the Eurasian space have an objective nature and their effectiveness is largely determined by the degree of their compliance with the common labor market paradigm. The main tool for ensuring this compliance should be the harmonization of legal regulation in the sphere of presence, a supranational implementation mechanism, which is already taking shape within the framework of the rapprochement of the legal systems of the integrating states.

Peculiarities of Violence in Pre-Trial Detention Facilities by Foreign Citizens
S. Kirillov, S. Krivosheev

🗏 : 317-323
DOI: https://doi.org/10.17277/pravo.2023.03.pp.317-323
PDF:

The study is devoted to certain features of the manifestation of criminal violence in the conditions of a place of detention committed by foreign citizens. The main forms of its manifestation are determined. Some features of the criminal's personality are analyzed. Measures to improve legislation are proposed. The purpose of the research is to study the peculiarities of the commission of violent crimes in pre-trial detention facilities by foreign citizens. The object of the study is the social relations that develop during the execution of a preventive measure in the form of detention.

Criminological Justification of the Introduction of the Institution of Criminal Liability of Legal Entities
N. Kuznetsova

🗏 : 324-333
DOI: https://doi.org/10.17277/pravo.2023.03.pp.324-333
PDF:

The paper discusses the need to introduce criminal liability of legal entities in the Russian Federation. It is concluded that criminological validity should include, firstly, clarification of the relevance of the problem; secondly, the study of the structure and dynamics of crime; thirdly, a critical analysis of foreign experience; fourthly, the formation of proposals for improving criminal legislation. The relevance of the topic is evidenced by the rapidly deteriorating state of the environment. It is noted that the greatest harm to the environment is caused not by individual individuals, but by legal entities through their actions (inaction). This is evidenced by an endless series of accidents, man-made disasters, and openly criminal actions of officials both in Russia and abroad over the past decades. The social demand for establishing criminal liability of legal entities is evidenced by the social danger of acts committed by them and (or) in their interests. The corruption potential of a corporation, including material opportunities, is much higher than that of individuals. As an argument in favor of establishing criminal liability of legal entities, it is noted that this institution operates in many foreign countries.

The Internet as a Telecommunication Net in the System of Factors Determining Youth Crime
E. Lykov, A. Belsky

🗏 : 334-338
DOI: https://doi.org/10.17277/pravo.2023.03.pp.334-338
PDF:

The current problem of youth crime, its determinants, and basic principles are considered. A description is given of the problem of determining crime on the part of the Internet in relation to youth crime, which has recently become inseparable from crime in general.

Joint Penitentiary Institutions: Are there any Arguments “For”?
V. Petrov

🗏 : 339-349
DOI: https://doi.org/10.17277/pravo.2023.03.pp.339-349
PDF:

An analysis of the feasibility of creating a united type of penitentiary institutions in the Russian Federation is presented. This issue is considered against the background of a brief review of the development of the Russian penitentiary system from the reform of 1879 to the present. In this regard, only one of the aspects has been studied in more detail – the multifunctionality of domestic places of forced isolation. For quite a long time, the state has sought to organizationally separate institutions that carry out punishment in the form of deprivation of liberty and a measure of restraint in the form of detention. Now it is proposed to re-execute these measures of state coercion within the framework of one institution. From our point of view, it is inexpedient to do this, because the goals of state coercion measures, the status of detainees and the organization of personnel activities are too different. Based on this, the idea of concentrating the functions of a pre-trial detention center and a correctional institution within the framework of the so-called united institution is called into question.

Some Features of Counteraction by Law Enforcement Authorities to Shared Construction Crimes
D. Tetkin, A. Pudovkin, K. Lutseva

🗏 : 350-360
DOI: https://doi.org/10.17277/pravo.2023.03.pp.350-360
PDF:

The article discusses some features of counteraction by law enforcement agencies to crimes in the field of shared construction. The measures taken by the operational, investigative and forensic units of the Ministry of Internal Affairs of Russia to counteract crimes of this category are reflected. The authors update the issues that arise when detecting and investigating crimes of this category: the correct application of the current legislation, the timeliness, completeness and thoroughness of conducting operational-search measures, investigative actions at the stage of checking a report of a crime committed, as well as during a complex of operational-search measures, investigative actions and production of forensic examinations after the initiation of a criminal case. In conclusion, the authors summarize the issues covered, in which it is noted that the sphere of shared construction is one of the most criminogenic areas, in the course of countering which it is often difficult for law enforcement agencies to prove the intent of the organization's management to steal money from equity holders, to separate this mercenary intent from the simple misappropriation of funds. funds and incompetent management as a result of financial and economic activities. They also focus on the fact that the coverage of the presented list of problematic issues indicates a significant attention to the field of shared construction and thus aims at the development of a unified methodology and tactics for taking measures to counter this category of crimes.

The Ratio of the Commercial Loan Agreements and the Penalty in the Contract
I. Kalinina

🗏 : 361-372
DOI: https://doi.org/10.17277/pravo.2023.03.pp.361-372
PDF:

The article reveals the issues of legal qualification of the commercial loan agreement terms in case of late fulfillment of obligations. The analysis is carried out on the basis of established judicial practice, where the creditor (plaintiff) claims for debt collection (principal debt), interest on a commercial loan and penalties. Two approaches available in judicial practice to the legal qualification of a commercial loan used in case of late performance of an obligation are disclosed: as an insignificant (pretended) transaction and as a valid transaction, which is an agreement on payment for the use of funds, namely, payment for the loan provided. It is concluded that in the vast majority of cases, the courts apply an approach to recognizing the terms of a commercial lending agreement in case of late performance of an obligation as a valid transaction, which is an agreement on payment for a commercial loan. The author supports the established judicial practice of collecting both interest on a commercial loan and a penalty from the debtor at the same time, since this is fully consistent with the principle of freedom of contract, and when concluding a contract, the parties assess their risks and losses in the aggregate of the provisions that are possible in case they violate the terms of the contract.

The Turnover Criterion as the Basis for the Civil Turnover Stability
M. Pridvorova

🗏 : 373-386
DOI: https://doi.org/10.17277/pravo.2023.03.pp.373-386
PDF:

The article discusses the topical issues of applying the turnover criterion to certain categories of objects of civil rights. The interdependence of the concepts of turnover and the legal regime of things as the main variety of objects of civil legal relations is substantiated. The interrelation of the concepts of property turnover, civil turnover, legal regime and turnover is shown. It is proved that civil turnover involves the process of transferring things and other objects that have material characteristics or are subject to monetary valuation from one person to another by means provided for in civil legislation or not contradicting it. It is indicated that the specifics of the subject composition of the participants in the property turnover are broader in scope, and the entrepreneurial, economic, and trade turnover has a narrower scope. It is noted that the legal regime, as a legally defined possibility of carrying out transactions and other legal actions in relation to various objects of civil rights, extending to things, is aimed, to a greater extent, at subjects of legal relations, including those within the framework of civil turnover. A comprehensive study of the current civil legislation has been conducted, the norms of which determine the requirements for the turnover of certain types of objects of civil legal relations. The doctrinal contradictions in the understanding of turnover are revealed between the classifications of objects of civil rights provided for in civil legislation and the signs and properties of these objects. It is proposed to apply the criterion of turnover to the main group of objects of civil legal relations – things as property objects, for which various legal regimes of use are established. The article provides an analysis of the provisions of the legislation on the peculiarities of the legal regime of objects.