Current Issues of the State and Law最新文献

{"title":"On the practice of implementing legislation on justified risk or extreme necessity, as circumstances precluding the criminality of the act of rescuers involved in emergency rescue operations","authors":"V. Shenshin","doi":"10.20310/2587-9340-2022-6-3-404-412","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-404-412","url":null,"abstract":"The presented study examines the practice of implementing legislation on justified risk or extreme necessity, as circumstances excluding the criminality of the actions of rescuers involved in emergency rescue operations. It is noted that, despite the increased attention from the legislator, as well as the scientific community, today it is necessary to improve the practice of implementing legislation on justified risk or extreme necessity, as circumstances excluding the criminality of the actions of rescuers involved in emergency rescue operations. There is no legally established mechanism for determining “imaginary” extreme necessity, which, according to the researcher, can be solved as follows: a person should be held liable only if, based on the current situation, he could and should have realized that the threats are actually no, the danger is imaginary. In this case, the responsibility for the harm caused comes for a negligent crime. In all other cases, we will talk about imaginary extreme necessity. The author's interpretation of such a term as “actions in conditions of uncertainty” is presented, which should be understood as the actions of officials and personnel of the fire department to eliminate the threat to life and health of people, save people when extinguishing fires and (or) carry out emergency rescue operations carried out in the absence of the necessary and sufficient information to make a decision on the methods and means of rescuing people, extinguishing a fire and (or) conducting emergency rescue operations and eliminating the consequences of an emergency.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114080525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"REVIEW OF THE “ROUND TABLE” “STATE, SOCIETY \u0000AND THE CHURCH: STRENGTHENING INTERETHNIC \u0000AND INTERFAITH HARMONY, DEVELOPMENT \u0000AND IMPROVEMENT OF INTERACTION MECHANISMS”","authors":"Vera Anatolyevna Shunyayeva, Svetlana Vorobyeva","doi":"10.20310/2587-9340-2019-3-9-124-131","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-124-131","url":null,"abstract":"We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interaction, forms of cooperation in the framework of a single task aimed at improving the level of spiritual culture of Russian citizens. The participants of the conference were teachers and students who are interested in these issues in detail and have their own research positions on the issue of discussion. The review cover the content of the “round table”, where reports were presented on the issues related to the aspects of interaction between the state, society and the church; freedom of conscience and secular state; problems of constitutional human rights to freedom of conscience and religion, their interpretation; implementation of the right to freedom of conscience and criminal liability for its violation and other aspects of the discussion.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"13 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114059363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The concept of the ideal form of the Russian state: problems and prospects","authors":"A. Lapaeva","doi":"10.20310/2587-9340-2021-5-18-226-234","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-226-234","url":null,"abstract":"We present the search for an optimal model of the Russian state through the prism of idealism. We doctrinally justify that the ideal form of the state is a construction that can be created theoretically and that can be approached, as it is gradually developed. In the modern sense, the ideal of state is already expressed in the Constitution of the Russian Federation – it is a democratic, legal, social state. We establish that the political and legal reform carried out in Russia has shown that the effectiveness of the country’s development depends on the importance of constitutional norms, the renewed role of the state, and the assertion and protection of human and civil rights and freedoms. We propose arguments indicating that modern Russia can be con-sidered a mixed (parliamentary-presidential) republic, an asymmetric and constitutional federation with a national-territorial character and democratic political regime. We investigate two main approaches to the definition of the ideal form of the state in modern Russia: firstly, a limited monarchy, a fed-eration with democracy elements (based on the historical and cultural fea-tures of the development of the state), and secondly, the existing and pro-claimed form of the state in the Constitution of the Russian Federation is considered, with an amendment to the challenges of the time. We conclude that the modern development of Russia, taking into account international standards, should move in the direction of the ideals already proclaimed in the Constitution of the Russian Federation with a mandatory focus on cul-tural, traditional and historical features of development.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122402003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the issue of the adversarial process in modern civil proceedings","authors":"Lyudmila A. Volchikhina","doi":"10.20310/2587-9340-2021-5-19-537-549","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-537-549","url":null,"abstract":"The study attempts to expand the content of the definition of the adversarial process in civil proceedings. Conclusion: the adversarial process in civil proceedings includes three components, which include the pre-trial activities of the parties to resolve the material legal conflict that has arisen, the direct judicial consideration of the material legal conflict that has arisen, and the activities of the parties after the judicial resolution of the conflict. Examining the content of the adversarial process when considering and resolving the material legal conflict that has arisen by the court, it is concluded that, by managing the process, the court is the organizer of the adversarial process at all stages of the consideration of the case in the court of first instance. The role of the parties in the adversarial process is limited to their participation in the proving process. Examining the adversarial process of the parties to resolve a substantive conflict before going to court, it is proposed to the legislator to expand the list of categories of cases in which the use of the pre-trial procedure for resolving a dispute is mandatory. Investigating changes in the procedural form of civil proceedings concerning the obligation of the plaintiff to refer other persons involved in the case, copies of the statement of claim and the actions of the parties to disclose evidence, we consider it expedient to secure by the legislator the application of these rules in the adversarial process of the parties before they apply judicial forms of pro-tection.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"25 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122864699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Scientific discourse on the balance of interests in law","authors":"A. A. Zavgorodniaia","doi":"10.20310/2587-9340-2022-6-4-512-522","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-512-522","url":null,"abstract":"The features, problems and prospects of scientific discourse on the balance of interests in law are consi-dered. It is noted that today the balance of interests in law has acquired the value of not only value, but rational discourse, which is based on the search for some reasonable relationship between private and public interests. Different approaches to the definition, establishment of a balance of interests in law are given, approaches to the study of the essence of the balance of interests in the theory of law, as well as their branch differences in different legal sciences, which consider such a phenomenon as a balance of interests, as consent, as an agreed result, are considered, as a state of optimal conflict or lack of conflict, as a general legal, constitutional value, a legal method, as a means, etc. The variety of approaches confirms the complexity of the phenomenon of balance in law. The main discussion is in relation to the hierarchy of values and interests, as well as the criteria for admissibility of the priority of interests in the procedures for their balancing. Based on the analysis of a wide range of scientific studies on the balance in law, the balance of interests in law is considered as an element of a more general phenomenon in law. The purpose of the study is to establish the systemic characteristics of balance as a multidimensional phenomenon in law (reality), its prerequisites. The methodological basis includes the use of general scientific and special research methods. Separate methods of analysis, generalization, reconstruction of theories are used, applied within the framework of axiological, structural-functional, formal-legal, comparative-legal approaches. It is concluded that today the balance in law remains a concept, the semantic and content completeness of which is rather uncertain, and the pluralism of views on the definition of the essence of the balance of interests is due to various methodological approaches in its study and the goals set by the researcher, in connection with which the use of teleological approach allows us to recognize it as a goal, with an instrumental, pragmatic one – a means of effective legal regulation, with a structural-functional (systemic) approach to law – balance is an element of legal consciousness and legal ideology, a principle; with the formal legal (jurisprudence of concepts) – the concept; in the socio-humanitarian approach – as a state of social interests.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123001345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Assessment of corruption risks in the Federal Executive bodies exercising control and Supervisory functions","authors":"D. Shepelev","doi":"10.20310/2587-9340-2019-3-10-190-199","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-190-199","url":null,"abstract":"The relevance of the study is due to the priority tasks facing the state, among which a special place is occupied by the activities to prevent and combat corruption, minimize and eliminate the consequences of corruption offenses, including in the field of public administration. The purpose of the study is a General description of the assessment of corruption risks in the Federal Executive bodies, carrying out control and Supervisory functions. In considering these issues, the author used General, General scientific and private scientific methods, including formal legal. The author analyzes the corruption-dangerous functions, the main stages of corruption risk assessment and the whole system of corruption risk management. The study formed proposals to improve the methods aimed at minimizing the identified corruption risks in the course of the functions of state bodies. The proposed measures, reflected in the conclusions of the work, can be used by the Federal Executive bodies exercising control and Supervisory functions in order to improve their activities.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124534187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theoretical and regulatory foundations of the concept and essence of public control in the Russian Federation","authors":"A. Ushakov","doi":"10.20310/2587-9340-2023-7-2-212-219","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-212-219","url":null,"abstract":"We consider such a dynamically developing institution as public control, an attempt has been made to generalize various scientific approaches to its definition in conjunction with the analysis of the regulatory foundation, including the one fixed at the level of the Constitution of the Russian Federation. The relevance of chosen topic and the degree of its scientific development are revealed. The importance of public control in the context of democracy is substantiated. During the analysis of theoretical views on the definition of public control, a variety of views on its concept is noted, which, despite some differences in focusing on certain nuances, are largely similar in determining the very essence of this legal institution. At the same time, it is impossible to deny the existence of problems within the framework of legal regulation of this type of control, which is manifested in its unsystematic nature. It is concluded that the regulatory framework of public control began to form long before the adoption of a special legislative act in 2014, and at the moment the essence of public control, its goals, principles, tasks, and main subjects are defined at the legislative level. The existing legal framework of public control creates a solid basis for its implementation, at the same time, the procedures for conducting public control are not without drawbacks and require additional legal regulation that meets modern realities.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121311494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Participation and role of the court in conciliation of the parties in arbitration proceedings","authors":"Daria P. Gasanova","doi":"10.20310/2587-9340-2022-6-3-413-422","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-413-422","url":null,"abstract":"We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128541783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The restrictive function of legal responsibility and the limits of its action through the prism of proportionality principle","authors":"I. V. Kushnir","doi":"10.20310/2587-9340-2021-5-19-400-411","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-400-411","url":null,"abstract":"We draw attention to the problem of excessive restriction risk of human and civil rights and freedoms in the process of establishing and applying the institution of legal responsibility by the state. We consider general theoretical issues of the concept and functions of legal responsibility. We substantiate the position on the need to separate the restrictive function from legal liability. As an intersectoral institution of Russian legislation, legal re-sponsibility is characterized by the performance of the following functions: restrictive, preventive, guaranteeing, restorative and educational. We draw attention to the issues of legal liability proportionality in relation to its restric-tive function. We disclose the content of proportionality principle in relation to legal responsibility as an intersectoral institution of legislation. We imagine that the remedy actively used in the legal policy of the state in the form of legal punishment and legal responsibility in general should correspond to the maximum extent to proportionality principle in order to prevent arbitrary and excessive restriction of rights and freedoms. Various kinds of deviations, deviations from the principle of proportionality of legal responsibility are supposed to be interpreted in theory as one of the most important prerequisites for the formation of dysfunction and imbalance of the institution in question. Violation of proportionality principle of responsibility in law is proposed to be interpreted as its dysfunction.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117109564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theoretical and legal characteristics of modern global challenges and threats in the field of healthcare","authors":"I. Kholikov","doi":"10.20310/2587-9340-2022-6-4-547-555","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-547-555","url":null,"abstract":"The purpose of the study is to identify and substantiate the international legal characterization of modern challenges and threats in the field of public health. The relevance of the study lies in the fact that the international situation as a whole cannot be characterized as favorable. Demographic problems are growing in the world, poverty, hunger, lack of drinking water are becoming more and more widespread. The question of the emergence of new and the return of already seemingly conquered diseases is acute. Epidemics and pandemics have a complex of causes, conditions and consequences of a political, medical, technological, psychological, economic, social and organizational nature. It is substantiated that one of the real trends in social practice is the problem of the spread of epidemics, pandemics and mass diseases as a possible basis for the international responsibility of states and international organizations. An important legal aspect is the use of the actions of individual states and international organizations. One of the ways out of the crisis is seen in the constant and timely strengthening of national health systems, on the basis of which it was concluded that this will ensure early forecasting of emerging threats, the development of appropriate measures and their localization.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114413818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}