Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Standards for ensuring the legality of covert activities in criminal proceedings through the prism of European Court of Human Rights","authors":"O. Kaplina, A. Tumanyants, I. O. Kritskaya","doi":"10.52468/2542-1514.2022.6(2).189-203","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).189-203","url":null,"abstract":"The subject of research is the implementation of covert activities in criminal proceedings through the prism of international acts, decisions of the European Court of Human Rights.The purpose of the work is to formulate common standards for ensuring the legality of implementing covert activities in criminal process through the prism of legal positions of the European Court Of Human Rights.The methodological basis or research isthe totality of general and special scientific methods of scientific cognition. The formal-legal (legal-technical) method was used to study the rules of law, to analyze the features of legal technique; and the hermeneutical method revealed the legal content of the norms, legislative proposals and defects in legal regulation. The statistical method helped to generalize judicial practice of ECHR. While building up the system of the standards for the ensuring the legality of implementing covert activities in criminal process we used the system-structural method.The main results and conclusions. The analysis of the legal positions of the ECHR made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:– predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;– warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions (\"substandards\"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;– verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;– exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"11 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82560620","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":"Exclusion of a legal entity from the Unified State Register of Legal Entities: cases of use, procedure and consequences","authors":"A. Gabov","doi":"10.52468/2542-1514.2022.6(2).204-230","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).204-230","url":null,"abstract":"The subject of research. In 2005, a new institution for exclusion of a legal entity from the Unified State Register of Legal Entities by decision of the registering authority (or, as it is also called \"administrative termination of a legal entity\"). Subsequently, as a result of a number of changes, including the Civil Code of the Russian Federation, introduced by federal laws in 2014, 2015, 2016 and 2019, this institution was formed in the form in which it currently exists Its importance, at first more technical, has increased significantly after the changes in 2015, when this institution began to be used to conduct a large-scale \"cleaning\" of the Unified State Register of Legal Entities from inactive legal entities. As a result, millions of legal entities have been excluded from the Unified State Register of Legal Entities in recent years. In addition, the range of situations in which this institution began to be applied has expanded. Accordingly, the increase in the number of disputes is due to the fact that such exclusion affects the rights and interests of many persons (creditors, participants of excluded legal entities, members of their governing bodies). These disputes have often been the subject of close attention of the Russian Constitutional Court (the latest example is the decision of the Russian Constitutional Court of May 21, 2021 No. 20-P). The article examines the goals of this institution, its development, shows the most problematic situations related to the application of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities.The purpose of the article is to identify the main problems of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, as well as formulate the main directions for changing this institution. The author's main scientific hypothesis is that during the development of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, its original goals were lost. New goals and meanings were also formulated (in the legal positions of the Constitutional Court of the Russian Federation), which eventually (taking into account the significant shortcomings of the exclusion procedure itself) lead to violation of the rights of a significant number of interested persons. The author believes that in the development of this institution there is clearly a disproportion in terms of its application in relation to limited liability companies and persons controlling such a company. The author also notes the lack of a unified concept of the institution of exclusion from the Unified State Register of Legal Entities, since along with the administrative procedure for the termination of legal personality, the legislation also recognizes the judicial procedure. Description of research methods and methodology. The research is based on a systematic analysis, as well as the use of methods of interpretation developed in the d","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"18 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74775705","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":"Nationalization (expropriation) of foreign investors’ property: relevant issues","authors":"A. Evstratov, I. Guchenkov","doi":"10.52468/2542-1514.2022.6(2).147-158","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).147-158","url":null,"abstract":"The subject. Foreign investments in the economy of states play an important role. As a consequence, priority should be given to the protection of foreign investments and the creation of favorable and stable conditions for the investors activities. This is especially important in cases of an unfavorable political environment, various internal and external conflicts. Crossborder investment activity is risky, and one of the possible risks is the nationalization (expropriation) of the property of foreign investors by the state-recipient of investments. This method of seizing private property is regulated by the state both at the international legal level and at the national level. The institution of (nationalization) expropriation of the property of foreign investors has its own specifics in Russian legislation in terms of terminological features and legal regulation with certain problematic aspects inherent in it.The purpose of the article is to determine the content and correlation of the concepts of \"nationalization\" and \"expropriation\" in Russian law; to describe the main international approaches to regulation of these issues as well as Russian model. The authors try to describe the existing problems inherent in this institution in private international law in general and in Russian legislation in particular and suggest possible ways to solve them.The methodology. The research was carried out using formal-logical, systemic, comparative, formal-legal methods, analysis and synthesis.The main results, scope of application. The content and correlation of the concepts \"nationalization\" and \"expropriation\" in Russian law is determined, it is proposed to consider them synonymous. International approaches to regulating the nationalization (expropriation) of the property of foreign investor are examined. The regulation of this institution in Russia is considered; certain problems inherent in nationalization (expropriation) are investigated, possible ways to solve them are suggested.Conclusions. It is now necessary not only to create conditions for attracting foreign investments, but also to ensure their safety in view of the development of cross-border investment activities. In particular, this can be achieved by establishing a detailed regulated procedure for the nationalization (expropriation) of the property of foreign investors, providing guarantees of compensation and legality in such seizure of their property. The institution of nationalization (expropriation) of property in private international law should be considered as one of the possible risks in the implementation of investment activities, which means that states should take measures to minimize risks in order to increase investment attractiveness. It can be achieved through detailed legislative regulation at the national level and a conclusion of international treaties (the “force of law” should be upheld, not the “law of force”).","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79785778","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":"Electronic personnel document management: from legal experiment to practice","authors":"S. Golovina, L. Zaytseva","doi":"10.52468/2542-1514.2022.6(2).241-256","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).241-256","url":null,"abstract":"The subject. The introduction of electronic technologies into management processes has led to the need to regulate the issues of the use of electronic personnel document management (further - EPDM). In the spring of 2020, Russia was conducting a legal experiment on the use of electronic documents related to work. As part of this experiment, according to the rules established by federal law, individual employers voluntarily refuse to issue certain types of personnel documents in paper form. It concerned employment contract and other contracts with an employee (on financial responsibility, apprenticeship), a vacation schedule, employee statements, as well as regulatory and organizational and administrative documents of the employer on labor (orders on admission, dismissals, penalties, etc.). The results of this experiment became the basis for the introduction of appropriate amendments to the Labor Code of the Russian Federation.The main purpose of the study is to develop recommendations for improving the current labor legislation for the legalization of electronic personnel document management as part of a system of measures to achieve the maximum balance of interests of employees and employers.The main methods of the research are the analysis and generalization of judicial practice on labor disputes related to the evaluation of electronic evidence, the practice of using electronic personnel document management by individual employers, both participating and not participating in the legal experiment conducted at the federal level.The main results, scope of application. The preliminary results of above mentioned experiment have been summarized and an assessment of the validity and potential effectiveness of the draft law submitted to the Russian Federal Assembly has been given. The authors propose the results of a critical analysis of the interim results of the legal experiment on the introduction of EPDM. The authors demonstrate the pros and cons of electronic document management in terms of the readiness of the current legislation for it, as well as subjects of labor relations. The innovations of the prepared draft law on the introduction of a new article 22.1 to the Russian Labor Code as well as its positive aspects and some shortcomings are considered. Not only legal and technical shortcomings are indicated, but also some fundamental substantive contradictions. For example, a negligent attitude to the involvement of employees in making managerial decisions in the social and labor sphere due to the establishment of a trade union monopoly in a number of issues of social dialogue when introducing electronic personnel document management. The draft law does not consistently address issues related to security, enhanced qualified signature and the costs associated with obtaining it by an employee. The modern attitude of Russian courts to electronic evidence in labor disputes is demonstrated by the example of judicial practice. These examples demonstra","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"8 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88267254","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":"Russians’ attitude to the constitutional nihilism","authors":"T. V. Rekhacheva","doi":"10.52468/2542-1514.2022.6(2).159-168","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).159-168","url":null,"abstract":"The subject of the research is the problem of constitutional nihilism in views of Russian citizens.The purpose of the article is to confirm or disprove a hypothesis about a strong influence of constitutional nihilism in the Russian Federation on people mind. The research was made to identify the most and least dangerous forms of constitutional nihilism existing in the territory of the Russian Federation also.The methodology. The public opinion poll was conducted in Google Forms. The research consists of 15 open and closed questions. 1078 respondents from 28 constituent entities of the Russian Federation took part in the poll. They represent all eight Russian federal districts.The main results, the scope of application. Over 70% of respondents have a negative stance on constitutional nihilism especially after the approval of the last Constitutional Amendments in 2020. According to the public opinion poll, the majority of respondents evaluate the Russian Constitution of 1993 as positive. 67,1% of respondents agree that constitutional nihilism came from western countries and only almost a quarter of respondents stated the nature of constitutional nihilism as native Russian. 64,4% of respondents choose constitutional reform as the most dangerous form of constitutional nihilism. 62,1% of respondents choose the forming of unconstitutional legal awareness as the most dangerous form of constitutional nihilism and 49,8% choose authorities’ discredit as it. The least dangerous forms of constitutional nihilism according to public opinion pall are a civil war (39,7%) and constitutional fiction (31,6%).Conclusions. The results reveal a high level of unconstitutional legal awareness in Russian society. The author has confirmed its hypotheses and discovered the most and the least dangerous forms of constitutional nihilism. The author plans to repeat the research the next year and cover people from more Russian constituent entities.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"19 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90808274","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":"Legal regulation of the system of public administration entities providing the administrative and legal regime of special economic zones","authors":"O. Lakaev","doi":"10.52468/2542-1514.2022.6(2).134-146","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).134-146","url":null,"abstract":"The subject of the article is scientific ideas that determine the essence and content of the system of public administration entities that ensure the administrative and legal regime of special economic zones. The author analyzes constitutional norms and provisions of legislative and subordinate acts that form the legal basis for their organization and functioning, the practice of their application.The purpose of the article is to scientifically substantiate the improvement of the system of subjects for ensuring the administrative and legal regime of special economic zones in order to increase the level of their interaction and the progressive economic development of the respective territories.The methodology. The author uses general scientific methods were used (formal-logical, systemic-structural and dialectical methods), as well as private scientific methods, such as the formal-legal, comparative-legal method, the method of interpretation of legal norms.The main results, scope of application. The article reveals the current state of the legal regulation of the system of subjects of public administration of special economic zones in terms of correlation with the new constitutional norms on public authority, characterizes public administration in special economic zones from the point of view of the systemic unity of its constituent elements. The article reveals the shortcomings of this system from the standpoint of completeness, the state of interrelations between its various elements, which cause a decrease in the investment attractiveness of special economic zones, which do not contribute to the creation of new industries and the production of competitive products.The paper substantiates the need to develop a balanced model of organization and functioning of the corresponding legal regime developed with the participation of business representatives. The article proposes a more complete version of the system of subjects of public administration in comparison with the statutory one, including not only those that form a single centralized management system, but also others - the executive and administrative bodies of municipalities, as well as collective formations that are not included in the system of state bodies. and municipal authorities (supervisory boards, expert councils). Based on the identified shortcomings in the organization of expert councils of special economic zones, the article formulates scientifically based proposals for improving the current legislation.Conclusions. It is necessary to bring the Federal Law “On Special Economic Zones in the Russian Federation” into line with the new provisions of the Russian Constitution on public authority. It will let legalize the existing system of public administration of special economic zones,. Rules on the special economic zones administration should be set out in a chapter entitled “Peculiarities of Implementation public authorities in special economic zones”. The idea was formulated to d","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"9 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85652488","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 phenomenon of the criminal's return to the crime scene: psychological analysis (based on F.M. Dostoevsky’s novel \"Crime and Punishment\")","authors":"G. E. Zaporozhtseva","doi":"10.52468/2542-1514.2022.6(2).181-188","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).181-188","url":null,"abstract":"Introduction. The reasons for the return of the criminal to the scene of the crime are analyzed using the plot of F.M. Dostoevsky's novel \"Crime and Punishment\", based on the theories of Freudianism and reflexology. The episode in that Rodion Raskolnikov returns to the crime scene became the reason for the author's long years of reflection on the criminal’s behavior mechanisms.The purpose of the study is to conduct a psychological analysis of Raskolnikov's behavior when he returns to the crime scene through the theories of Z. Freud and A.V. Dulov.The methodology. The author uses reflexology theories of I.P. Pavlov, V.M. Bekhterev, I.M. Sechenov, A.A. Ukhtomsky, the theory of person’s relations of V.N. Myasishchev, the theory of A.V. Dulov, the theory of Z. Freud, principles of systemacity, unity of consciousness and activity, causality, pleasure-displeasure, content analysis of Dostoevsky’s novel. The author uses empirical observations based from his own practical work in law enforcement.The main results, scope of application. An analysis of the determinants of the return to the crime scene of the main character of the novel \"Crime and Punishment\" through the psychoanalysis and reflexology was being undertaken for the first time. Based on the theory of A.V. Dulov about the impact of criminal activity on the increase in the mental stress of the criminal and guided by the theory of Z. Freud on the principle of pleasure-displeasure the author demonstrates on the example of Raskolnikov’s behavior that one of the reasons for the return of the criminal to the crime scene is the need to relieve mental stress determined by the consequences of the crime and getting pleasure from the discharge of an overstrained nervous system. This research is important both for theory and for law enforcement practice. The psychological analysis of criminal behavior outlined in the article will allow employees whose profession is related to solving crimes to look into criminal’s inner world, to predict the consequences of the crime that can be expressed in return of the criminal to the crime scene.Conclusions. The analysis of Rodion Raskolnikov's criminal behavior shows the psychological and criminological nature of the Dostoevsky’s novel. It can be argued that in the active activity of the criminal, after the commission of a crime, there is both a conscious and unconscious search for a mental discharge of an overstressed nervous system.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"29 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84311020","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 right to life: the moments of origin and loss","authors":"Oleg I. Amelchakov","doi":"10.52468/2542-1514.2022.6(2).169-180","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).169-180","url":null,"abstract":"The subject of the article is the right to life interpretation issue, as well as the definition of the term \"life\" applicable in the legal field, the study of the problems of establishing of the constitutional right to life realization moment and its loss. This is necessary due to the formalized nature of law and the unification of the legal categorical apparatus, controversy in the scientific community, as well as the lack of a holistic understanding of the moments of its origin and loss, which will improve modern legislation in the field of protecting the right to life, eliminate existing contradictions.The purpose of the study is to confirm or refute the author's hypothesis about the moment of the emergence of the right to life and its termination as processes interrelated with the context and society. The author interests how this moment is fixed in current Russian legislation as well as in international legal norms and the constitutions of some foreign countries.The methodology. The following general scientific and special methods of cognition were used in the work: dialectical, systemic, historical, comparison, analysis and synthesis, formal legal and statistical methods. The method of comparison was used in the analysis of the texts of constitutions in order to consolidate the moments of the emergence and loss of the right to human life. The formal legal method made it possible to identify contradictions in the legislation of Russia in terms of issues related to the emergence and loss of the right to life. The use of these methods in combination with the latest achievements made it possible to identify and analyze the content, essence and features of the emergence and loss of the human right to life in the Russian Federation and foreign states.The main results, scope of application. Within the framework of the scientific and practical problem the author considers various approaches to the right to life emergence and loss moments, identifies the main problems of the current legislation of Russia and compares it with international legal norms and the constitutions of some foreign countries in order to fix the right to life emergence and loss the moments.Conclusions. The moment of the occurrence of the right to life must be recognized as a birth of viable infant, and the moment of loss of the right to life – the onset of his death. The right to life of a premature newborn, including those with extremely low body weight, as well as those with certain complications, is realized by providing him with full medical care.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"162 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86323906","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":"Spiritual and moral lessons of Dostoevsky in the era of transformation of modern states and the world order","authors":"S. Baburin","doi":"10.52468/2542-1514.2022.6(2).257-267","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).257-267","url":null,"abstract":"The subject of the study is the literary and spiritual heritage of F. Dostoevsky.The article is aimed at analyzing the need for spiritual and moral reform of modern states and the world order.The research methodology includes historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, ascent from the abstract to the concrete.The main results, scope of application. Dostoevsky brilliantly showed that the basis of society is love, that love implies freedom because it has divine-human nature. For the modern reorganization of the world, it is important to see the innermost essence of human being in freedom according to Dostoevsky. Individual status and freedom cannot be sacrificed to technology, the public needs, or the interests of the digital revolution. It is good when society relies, as Dostoevsky taught, on the Law of Christ, which becomes the inner nature of man, on the spiritual and moral traditions of the people, is built on the dignity and freedom of the individual, kindness and compassion. The freedom of the individual is the basis and principle of life of both the individual and any people. The basis of a common life should be love between individuals, and not external laws or the interests of society as such in order for the complicity of the individual in the life of society not to diminish individual dignity. At the same time, Dostoevsky consistently points out the irrationality of the nature of the individual, the impossibility of comprehending its meaning and place in society and the state by means of logical calculations only. Dostoevsky showed the futility of efforts to find an ethical criterion for the structure of a person's fate outside of religion. Even true knowledge can only be spiritual, it is identified with faith. Church membership, belonging to the Church, directly opposes egoism, which is sinful according to Dostoevsky. In terms of the development of the modern state and law these postulates imply the importance of this constitutionalization of spiritual and moral principles and institutions in the moral state, creation of constitutional bodies of spiritual and moral supervision over public power. And finally, in nation-building, it is important that its foundation remains reasonable. Following a tradition that embodies the cooperation of God and man presupposes a careful attitude to historical memory, the ability to renew within the framework of preserving the whole past.Conclusions. Any approach to states and the world order must be based on the principle of the divine-human nature of the individual, signifying his immutability and inviolability. Reflections on the spiritual and moral features of Russia, revealed by Dostoevsky, have a universal meaning and are especially important for the development of modern states and the world order.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"37 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87552834","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":"Agricultural lands: a civilistic view of the social obligation to preserve them","authors":"L. Schennikova","doi":"10.52468/2542-1514.2022.6(2).231-240","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(2).231-240","url":null,"abstract":"The subject. Study focuses on the problem of conservation and efficient use of agricultural land. It is important for any state, but it is especially relevant for Russia, given the size of the country’s territory and the large proportion of arable land. Statistics shows a tendency to reduce the total area of arable land. This trend is especially alarming for the Krasnodar Region, the granary of Russia. In this regard, the scientific analysis of judicial and arbitration practice in cases related to the use of agricultural land is relevant. It is important to see the trends emerging in law enforcement and assess their importance for solving the overall task of preserving agricultural land.The purpose of the study is to identify a scientific civil basis for improving both legislation and law enforcement practice. The author puts forward a scientific hypothesis that a new stage of civil legal regulation should offer both the legislator and the judicial authorities a new idea that can be productively used, among other things, to solve the problem of conservation and efficient use of agricultural land.The methodology. The following methods were used in the research: general scientific dialectical, universal scientific methods (analysis and synthesis, induction and deduction, comparison, abstraction, formal logical, system-structural), special legal methods (comparative legal, method of system interpretation, method of legal modeling.The main results, scope of application. The author describes the prospects of using a socially oriented model of civil law regulation. Such a functional approach brings to the fore a social obligation, the presence of which should be assumed in the content of each subjective civil right. The argumentation of social responsibility as an element of subjective law acquires special significance in relation to civil rights to land plots. In their implementation the perspective value is not the autonomy of the will and the power of the owner, but the preservation of the value of the land, including its fertile qualities, as well as the development of social relations in which the lands of this category participate. The theoretical idea of the social orientation of civil law regulation is of great importance for the emerging law enforcement practice, since it sets before the courts the task of considering social interests, including, of course, the general interest in preserving agricultural lands, including especially valuable and productive lands.Conclusions. A theoretical basis (scientific idea) is proposed for improving civil legislation and law enforcement practice, which can be fruitfully used for the conservation and effective use of agricultural land.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"24 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78101268","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}