Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Proper performance of duties that ensure the adversarial nature of criminal proceedings in Russia","authors":"E. Petukhov, M. Neymark","doi":"10.52468/2542-1514.2022.6(4).289-300","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).289-300","url":null,"abstract":"The subject of the research is the mechanism for the execution of criminal procedural duties that ensure the implementation of adversarial in Russian criminal proceedings.The subject of the research is the mechanism for the execution of criminal procedural duties that ensure the implementation of adversarial in Russian criminal proceedings. The purpose of the research is to justify the existence of the problem of organizational-legal support for the proper fulfillment of the duties assigned to participants in the criminal process and to determine the main ways of solving. The hypothesis of the research is the thesis that the combination of legal, organizational, and other means existing in criminal procedure legislation does not guarantee the proper fulfillment of the duties imposed by the legislator on the participants in adversarial criminal proceedings.of the research is to justify the existence of the problem of organizational-legal support for the proper fulfillment of the duties assigned to participants in the criminal process and to determine the main ways of solving. The hypothesis of the research is the thesis that the combination of legal, organizational, and other means existing in criminal procedure legislation does not guarantee the proper fulfillment of the duties imposed by the legislator on the participants in adversarial criminal proceedings.The methodology. General scientific dialectical methods made it possible to study the conditions and the process of evolution of legal duties, to reveal their essence in the field of criminal proceedings. The system-structural method and the situational modeling method were used when studying the intra-system relationships of elements of the mechanism for the execution of criminal procedural duties and the system of means that ensure its implementation. The study of regulatory legal requirements was carried out using the formal legal method.The main results, scope of application. The article examines the problem of organizationallegal support for the proper performance of the duties assigned to participants in the criminal process, guaranteeing the proper implementation of adversarial in criminal proceedings. The general concept of duty is given, and the definition of criminal procedure is formulated. The nature of the duties is revealed and their classification is proposed. The fundamental legal significance of the category \"Adversarial\" as a principle of criminal procedure is identified and the significance of criminal procedural duties as the main security means of the specified procedural category is justified. The provisions of the current criminal procedure legislation in Russia are critically analyzed from the point of view of the presence or absence of legal and organizational means in them that ensure the creation of the conditions necessary for the emergence of a real possibility of proper performance of duties by participants in the criminal process. It is established that the orga","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"13 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84839653","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":"Law enforcement in context of transformation of the labor sphere and modernization of the theory of labor relations","authors":"S. Chucha","doi":"10.52468/2542-1514.2022.6(4).301-313","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).301-313","url":null,"abstract":"The subject of research is the problems of modernization of the subject of labor law and the theory of labor relations in the context of the transformation of the labor sphere The purpose of article is to confirm or disprove hypothesis thatThe methodology of research is formal legal and logical interpretation of Russian Constitution and labor legislation, analysis of the academic publications concerning labor law. Based on the historical analysis of the law structuring process, the direction of development of labor law as a private-public branch of law.The main results, scope of application. It is substantiated that the totality of elements of legal relations, characteristic of both private and public law (freely entering into labor relations on the basis of an agreement, but forced to fulfill obligations under the agreement exclusively by personal labor, obeying the employer’s will in the process of labor activity), should be a system (an interconnected integrative set having an anti-entropic character) in order to function effectively. The removal of some elements from this system entails an imbalance in the system of the labor law branch as a whole, with possible subsequent destruction. On the basis of a systematic approach, the formation and development of the theory of labor relations in domestic legal science are studied. The foundations of the convergent \"theory of the plurality of unified labor relations\", developed for application in the conditions of transition to new technological paradigms and growing differentiation of forms of labor organization, are proposed and substantiated. This theory was developed on the basis of the “theory of a single indivisible labor relationship” by N.G. Aleksandrov and \"the theory of the complex of labor relations\" V.N. Skobelkin. On the basis of the theory of plurality of unified labor legal relations, the prospects for expanding the subject of the branch of labor law are determined by including in it emerging new relations that are associated with the use of human labor on a contractual and non-contractual basis. A motivated assumption is formulated that such an expansion of the subject of labor law will make it possible to complete the process begun a century and a half ago and finally remove all contracts providing for the employment of labor from the subject of civil law in favor of labor law. A contract of personal employment between individuals, assuming the equality of the parties to the use of independent labor not with a single employer, will remain civil law. Through the institutions of labor protection, social insurance and social partnership, labor law should begin a systematic expansion to any emerging new form of organization of human labor. After that, a new form of labor organization can be subject to various sets of other industry norms and institutions, the use of which ensures the protection of the employee and an increase in production efficiency. The necessity of changing the presum","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88415489","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":"Methodology of criminal law forecasting","authors":"M. Kleymenov","doi":"10.52468/2542-1514.2022.6(4).277-288","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).277-288","url":null,"abstract":"The subject. Criminal law forecasting is a scientifically based analysis of the prospects for the development of criminal law in order to optimize criminal legislation and the practice of its application. Its subject includes: foreseeing the needs of society in the criminal law regulation of public relations, their criminalization and decriminalization; the dynamics of the development of criminal law relations in society, the development of a criminal law concept of combating socially dangerous phenomena for the foreseeable period; foreseeing the consequences of changes in criminal legislation; the presence of real prerequisites for its application; prognostic assessments of the effectiveness of criminal law norms in the process of law-making and law-realization activities; scenarios and models for the implementation of criminal law institutions and norms; technologies for combating criminality in the application of criminal law norms; prospectsfor the development of the science of criminal law itself, taking into account its scientific potential.The purpose of the article is to establish the ideology and main trends in the development of criminal legislation and the practice of its application in post-Soviet Russia, to determine the methodology for the modernization of criminal policy in the new geopolitical conditions.The methodology of research includes axiological and system approaches, determinative analysis, search and normative forecasting, extrapolation, expert assessments, modeling.The main results, scope of application. There are two diametrically opposed ideologies that are of fundamental importance for criminal law and criminal law forecasting: 1) liberal and 2) conservative. The criminal law policy of the Russian Federation has so far developed in line with liberal ideology. Its main goal is to modernize criminal legislation in terms of decriminalizing economic crimes and humanizing the treatment of white-collar criminals. Conservative criminal law policy is based on the methodology of normative forecasting, which is aimed at achieving the desired (for the state and society) results. This methodology is based on a systematic approach. From the standpoint of this approach, the object of criminal law forecasting is an organized system with an extremely complex structure consisting of three subsystems: managing, managed and criminal law norms. The content of each of these subsystems requires corrective action in order to achieve compliance with the traditional axiological scale and common sense. It is also necessary to solve the problem of coordinating criminal law and criminological legislation.Conclusions. Criminal law forecasting allows us to formulate a number of theses that should be the basis for the concept of optimizing the criminal policy of the Russian Federation: (a) rejection of the liberal model of criminal law regulation of public relations, the transition to a conservative model, which should be dominated by state and pub","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"120 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87789766","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":"Criteria for the normativity of interpretative legal acts in Russian judicial practice","authors":"E. Timoshina, A. Kraevsky","doi":"10.52468/2542-1514.2022.6(4).220-243","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).220-243","url":null,"abstract":"The subject. The article focuses on the concept of acts which clarify legislation and have normative properties (acts with normative properties, or ANPs). This concept was introduced in Russia’s procedural legislation in 2016 in order to allow such acts to be challenged by way of judicial review. ANPs are different from normative acts and, in accordance with the established doctrinal classification, can be described as interpretational acts.The purpose of the article is to examine the nature of ANPs and the way in which Russia’s courts decide judicial review claims which seek to challenge ANPs.The methodology includes interpretation of Russian procedural legislation and analysis of doctrinal researches on judicial review of ANP. The authors also analyze the materials of the empiric monitoring of judgments in ANP judicial review cases and ascertain the criteria of normativity which are relied upon by Russia’s courts when identifying ANPs and distinguishing between ANPs and other legal acts – primarily, between ANPs and normative acts. The main results, scope of application. The authors describe the drafting defects in the procedural legislation and maintain that the statutory definition of ANP lacks clarity. The authors put forward their own definition of ANP as distinguished from normative acts, on the one hand, and acts that apply legal norms, on the other hand. The authors argue that, in contrast to normative acts, ANPs not only lay down the will of the issuing authority, but also have a knowledge acquisition (cognitive inquiry) component in them. There is a logical and semantic link between the content of an ANP and the norms which are contained in a normative act and are interpreted by the ANP. In contrast to an act of legal application, the validity of an ANP depends not only on the competence of the authority that issued the ANP, but also on the validity of the normative act interpreted by the ANP. Further, acts of legal application, but not ANPs, establish a logical correspondence between individual objects and the general concepts used in legal norms.The authors also analyze the doctrinal works on judicial review of ANP. The scholars who criticize the introduction of this procedure in the legislation believe the concept of ANP to be superfluous for various reasons and argue that ANPs are either non-normative acts or defective normative acts. The authors of this article, however, maintain that the scholars who criticize the concept of ANP do not take into account the special nature of ANP normativity – i.e., normativity of interpretational acts. The authors put forward a hypothesis regarding the way in which courts are likely to treat ANP judicial review cases, describe the materials of the empiric monitoring, and then provide the statistical result of the said monitoring.Conclusions. The analysis of the content of judicial acts allowed the authors to identify five types of interpretational collisions between the original legislative norm ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"26 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79597271","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 counteraction to domestic violence in Russia and Germany: comparative analysis","authors":"T. Prikhodko","doi":"10.52468/2542-1514.2022.6(4).149-161","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).149-161","url":null,"abstract":"The subject. The article considers a study of regulation of countering domestic violence in Russia and Germany. The author investigates the draft of Russian federal law \"On the prevention of domestic crimes\" No. 1183390-6 and the law of Germany \"On civil protection from acts of violence and persecution\" as well as federal and lands’ legislation in this sphere. Purpose of the study. The comparative study aims to identify the reasons for the draft’s unviability in Russian Federation, in particular, and to search for legislative opportunities to solve the domestic crime’s problems in Russia, in general.Methodology. The article is based on the comparative legal method. Due to this method, the article describes the legal protections against domestic violence in Russia and Germany (at the level of the federation and states), the advantages and disadvantages of each system.The main results. The legal measures in Germany as well as the draft federal law in the Russian Federation contain protective measures that can be applied by police and court. The main feature of German measures from Russian ones is the possibility of temporary violator’s ejection from the occupied housing by issuing a judicial or police order. The simplicity of the procedure allows а victim to receive effective help at any time, even at night and on non-working days. The article analyses the allowability of these measures to the offender from the point of view of basic rights’ interference; notes the position of the Federal Constitutional Court of Germany about the police order on temporary eviction: the residence ejection is allowable only when the measure aims at preventing criminal acts. The article draws attention to the technique’ defects of the Russian draft federal law \"On the prevention of domestic crimes\" No. 1183390-6, which require correction in order to improve the domestic violence’ counteraction in Russia.Сonclusions. It is concluded that in the Russian Federation it is necessary to differentiate heterogeneous phenomena in the law, such as victim’s protection from domestic violence and preventive family relationships’ measures, unreasonably mixed together in the draft federal law \"On the prevention of domestic crimes\" No. 1183390-6. Besides the law about victim’s protection from acts of violence and persecution should include significant consequences exactly for the violator. In this regard, the German multi-level protection system consisting of police protective measures, preliminary judicial measures as well as judicial measures can be applied. German practice makes it possible to react quickly to an act of domestic violence and provide the necessary victim’s support. The experience of applying the police order on the temporary eviction in Germany as well as violator rights’ interference may be appropriate for use in Russia.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"5 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79096939","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":"Application of the EAEU law by national courts and development of judicial dialogue","authors":"E. Diyachenko","doi":"10.52468/2542-1514.2022.6(4).244-260","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).244-260","url":null,"abstract":"The subject. This article examines the dialogue between the EAEU Court and national courts, on the one hand, as the application by national courts of the court of the integration organization, on the other hand, – as a recourse by the supranational court to the legal constructions that have been developed in the case law of the Member States’ courts.The purpose of the article is to confirm or disprove hypothesis that judicial dialogue between the court of the integration association and the courts of its Member States is the key to the effective application of supranational law.The methodological basis of the research is the doctrine of EU law, as well as the practice of Court of Justice of the European Union. The formal legal interpretation of the EAEU Court decisions and decisions of national Supreme Courts is also used.The main results, scope of application. One of the characteristics that differentiates the law of an integration organization from universal international law is its active application not only by the judicial body of such an organization, but also by the national courts. The plurality of actors in charge of the application of the law raises the question which of them have the authority of interpreting the integration law and the modalities of such an interpretation. One of the instruments that could help overcome the lack of uniformity of approaches regarding the interpretation and application of supranational law by the courts of several member states is the preliminary reference procedure. In the absence of such a procedure the burden of interpretation of supranational law rests on the national courts. Such a situation has arisen in the Eurasian Economic Union where the EAEU Court is empowered to interpret the law of the Union while settling disputes regarding the respect of EAEU law by its Member States, the challenge of the Eurasian Economic Commission's actions (failure to act) and decisions as well as delivering advisory opinions. The courts of the Member States, in turn, interpret the law of the EAEU in various fields of relations, including the ones where regulatory powers have been transferred to the supranational level. The analysis of national case law shows that in their application of EAEU law they premise their judgments on the principle of its primacy over national legislation.Conclusions. Judicial dialogue allows to prevent the non-uniform interpretation of the Union law by the court of the 5 Member States. It is a form of exchange of legal positions and concepts between the judicial bodies which, as a result, leads to a mutual enrichment of the legal orders by borrowing legal constructions and approaches.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"13 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76009240","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":"National and supranational mechanisms for the protection of human rights and freedoms in contemporary conditions","authors":"L. Terekhova","doi":"10.52468/2542-1514.2022.6(4).208-219","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).208-219","url":null,"abstract":"Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declarat","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78884924","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":"Socioeconomic competence of local self-government bodies of largest cities","authors":"T. Frolova","doi":"10.52468/2542-1514.2022.6(4).197-207","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).197-207","url":null,"abstract":"The subject of the article is legal issues of municipal authorities’ activities in the field of socioeconomic development.The purpose of the article is to identify trends in the legal regulation of socioeconomic issues of organizing local self-government in the largest cities of the Russian Federation. The methodology includes formal legal interpretation of Russian legislative acts, decisions of Russian Constitutional Court as well as systemic analysis of municipal acts.The main results, scope of application. The article analyzes the division of powers between regional and municipal authorities. At the present stage of development of Russian federalism, a rather complex and unstable model of delimitation of powers between levels of public authority has developed, which does not contribute to the socio-economic development of municipalities. distribution of powers between levels of public authority. The question of the delimitation of powers acquires new content in the formation of urban districts with intracity division and intracity districts in the largest cities. Based on the experience of organization and activities of urban districts with intracity division of Chelyabinsk and Samara, the problems and prospects of this approach to territorial planning and the distribution of powers between levels of public authority are outlined. Special attention is paid to the problem of finding a balance between centralization and decentralization of local self-government. In this aspect, the issue of a more effective delimitation of powers between different levels of public authority comes to the fore in order to maintain a unified urban policy in the field of ensuring the socio-economic development of the largest cities of the Russian Federation.Conclusions. A comprehensive approach is needed to delineate powers between levels of public authority, taking into account the importance of the largest cities in the spatial development of the Russian economy and their role in the formation of urban agglomerations. Only centralized administration makes it possible to develop a unified urban infrastructure. Therefore, improving the interaction of public authorities and local self-government is a necessary condition and the most important area of work in major cities that requires joint efforts. However, at the same time, it is necessary to avoid the degeneration of local self-government into a state one and the loss of the internal content of this institution of public power.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"5 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87687217","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":"Selective retroactivity: criteria for determining the moment of declaring a law null and void in a Russian administrative judicial proceedings","authors":"A. Chirninov","doi":"10.52468/2542-1514.2022.6(4).162-178","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).162-178","url":null,"abstract":"The subject. Any legal order is based on a strict hierarchy of normative acts, built according to their legal force. This hierarchy has been ensured by, among other things, exercising judicial review. In Russia, a normative act can be challenged on the grounds that it contradicts laws of greater legal force, except for the Russian Constitution, in the procedure provided for in Chapter 21 of the Russian Code of Administrative Proceedings. In doing so, one of the crucial questions to be decided in the course of judicial review of normative acts is the determination of the moment when a normative act contradicting a normative act of greater legal force ceases to be valid. This temporal aspect is extremely important because it determines whether individuals whose rights have been violated by law enforcement acts (acts involving application of the law) based on a null and void law are entitled to seek judicial relief. The purpose of the article is to confirm or refute hypothesis about the permissibility of a situation in which unlawful normative act remains valid for a certain time. The methodology of research includes formal legal analysis and interpretation of the norms of the Russian Code of Administrative Proceedings, decisions of the Russian Constitutional Court and other courts.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"70 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74739687","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":"Science city as municipality: problems of legal regulation","authors":"I. Glazunova, O. Kozhevnikov","doi":"10.52468/2542-1514.2022.6(4).179-196","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).179-196","url":null,"abstract":"The subject of this study is the current municipal reform in the Russian Federation and an assessment of its impact on the legal status of science cities.The purpose of the article is to determine the theoretical approaches and practice of legislative regulation of the legal status of science towns, prospects for modern and future legal regulation of the peculiarities of local self-government in such a territory as a science city. The main hypothesis is that the blank method of regulating the peculiarities of local selfgovernment in science cities, perceived by the federal legislator, does not achieve its goal, which obviously requires a revision of approaches to legislative regulation of the status of such a special territory as a science city.The authors used both general research methods, including methods of analysis and synthesis, and industry methods, including the formal legal method.The main results. The authors note the inconsistency and inconsistency of the legislative regulation of the legal, organizational, economic and social foundations of science cities and the peculiarities of the implementation of local self-government in them. Foreign experience in the formation of analogues of Russian science cities demonstrates that, firstly, the creation and development of technopolises contributes to the formation of the most optimal forms of interaction between science and production. Secondly, foreign technopolises are usually formed at research centers and universities, without having a strict link to the territorial foundations of the functioning of municipalities.The authors claim that the science cities of the Russian Federation do not have a constitutional and legal status and are neither the subject of study of such a branch of Russian law as constitutional law, nor the subject of regulation of constitutional legislation. At the moment, the legal status of a science city in the Russian Federation has a dual nature: on the one hand, a science city is a municipal entity with the status of an urban district; on the other hand, it is a territory within which there is a scientific and production complex. At the same time, these two sides of the legal status of a science city in the Russian Federation are poorly interconnected at the level of regulatory regulation. It seems that a science city as a territory with a scientific and industrial complex obviously has a different legal nature than a science city – an urban district, as a territory within which the population and (or) local self-government bodies resolve issues of local importance.Conclusions. It is important to determine at the level of federal authorities the need for further consolidation of the status of municipalities or other legal status of the territory of a science city, which includes high-tech enterprises with a significant concentration of human and material scientific and technical resources, the use of which is aimed at the implementation of science and state scient","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"22 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86162383","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}