Aktualʹnye problemy rossijskogo prava最新文献_第5页

Freedom of Conscience in Civil Society: Legal and Moral Dimensions 公民社会的良心自由:法律与道德层面

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.021-032

A. F. Meshcheryakova

{"title":"Freedom of Conscience in Civil Society: Legal and Moral Dimensions","authors":"A. F. Meshcheryakova","doi":"10.17803/1994-1471.2023.150.5.021-032","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.021-032","url":null,"abstract":"Freedom of conscience, by virtue of its nature, exists simultaneously in a legal and moral dimensions. The analysis of the doctrine, legislation and law enforcement practice suggests the existence of legal (formal) and moral (substantive) problems associated with it. The formal problem of freedom of conscience is associated with identification of this freedom with a much narrower freedom of religion. The analysis of approaches existing in Russian legal science regarding the concept of freedom of conscience allows us to group them in two main approaches, namely, the restrictive approach and the expanding approach. In legislation and the law enforcement practice, the restrictive approach to freedom of conscience prevails. It entails a violation of the rights and freedoms of citizens in this area. The separation of legal definitions of freedom of conscience and freedom of religion can help to solve the problem at the legislative level. In relation to the category of freedom of conscience, there is also a substantial problem based on the fact that the low level of legal culture of Russian citizens, complicating the formation of civil society, affects the perception of freedom of conscience and the permissibility of its necessary restrictions. In other words, citizens, exercising this freedom, often interpret it broadly. The solution of this problem requires an increase in the level of legal and general culture of citizens, the formation of moral principles necessary for every member of civil society, including the activities of religious associations and educational organizations.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136022395","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}

引用次数: 1

Compensatory Mechanism in Constitutional Justice: Problems of Legal Regulation and Practical Application 宪法司法中的补偿机制:法律规制问题与实践应用

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.142-150

D. E. Zaykov

{"title":"Compensatory Mechanism in Constitutional Justice: Problems of Legal Regulation and Practical Application","authors":"D. E. Zaykov","doi":"10.17803/1994-1471.2023.150.5.142-150","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.142-150","url":null,"abstract":"One of the goals of the activities of the Constitutional Court of the Russian Federation is to protect the rights and freedoms of man and citizen by recognizing as unconstitutional the norms applied in a particular case. Restoration of violated rights is carried out by reviewing the relevant case. At the same time, in some cases, due to the specifics of the relevant relations, when the review of the case was impossible or could not lead to the restoration of the violated rights of the applicant, it was not possible to compensate for the negative consequences of the violation of his rights. This circumstance made it impossible to fully ensure the completeness and effectiveness of constitutional proceedings. The introduction of the institute of compensatory mechanisms was aimed at solving this problem. However, sparing legal regulation, its ambiguous interpretation and various application in practice had a negative impact not only on the effectiveness, but also on the very applicability of this legal institution. Having analyzed both the decisions of the Constitutional Court of the Russian Federation and the rulings of general jurisdiction courts, the author considers the above problems as well as the reasons for their occurrence and proposes some ways to resolve them.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243256","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}

引用次数: 0

Prospects for the Development of Open Public Administration and Public Control: Constitutional and Legal View 公开公共行政与公共控制的发展前景:宪法学视角

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-03 DOI: 10.17803/1994-1471.2023.150.5.033-044

A. A. Spiridonov

{"title":"Prospects for the Development of Open Public Administration and Public Control: Constitutional and Legal View","authors":"A. A. Spiridonov","doi":"10.17803/1994-1471.2023.150.5.033-044","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.033-044","url":null,"abstract":"In the study, the author proceeds from the fact that open state and municipal administration as a concept and practice with huge potential is systematically associated with the development of effective mechanisms of public control. A number of conclusions and proposals are suggested for discussion, including the following: 1) implementation of the formats of open state and municipal governance in combination with the evolution of control and supervisory activities, public control gives a synergetic effect and significantly increases the confidence of society, citizens, business in the system of public authorities and their activities; 2) an extremely important role in achieving positive effects and practical results is played by the comprehensive digitalization of control and supervisory activities, state and municipal management in general, which is why this trend needs to be continued, making the relevant technologies and services even more understandable, accessible and convenient; 3) the new philosophy of state and municipal management currently being formed and improved should include effective open administration and organization of control and supervisory activities based on building a full-fledged partner and service model of such activities; this new philosophy should fully embody the evolving ideas of clientcentricity and the key principles of the concept of the «State for the People.» A number of specific proposals have been formulated, including normative ones, aimed at further development of digitalization of public control, including a proposal to study the issue of creating and developing a single portal of public control in the Russian Federation.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135718221","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}

引用次数: 0

Prosecutor’s Protection of Public Interest in Education: A Civil Procedure Aspect 教育公共利益的检察官保护:一个民事诉讼的视角

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-02-27 DOI: 10.17803/1994-1471.2023.150.5.073-087

T. A. Litvinova

引用次数: 0

Procedural Form of Defense Counsel Participation in Establishment of Evidence in Pre-Trial Proceedings Requires Optimization 辩护人参与审前取证的程序形式有待优化

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-02-17 DOI: 10.17803/1994-1471.2023.150.5.123-131

O. A. Malysheva

{"title":"Procedural Form of Defense Counsel Participation in Establishment of Evidence in Pre-Trial Proceedings Requires Optimization","authors":"O. A. Malysheva","doi":"10.17803/1994-1471.2023.150.5.123-131","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.123-131","url":null,"abstract":"Criminal procedural proof, which is the core of pre-trial proceedings, on the one hand, predetermines the justice of the final court decision in a criminal case, on the other hand, is able to protect a person from illegal and unreasonable criminal prosecution in a timely manner. The achievement of this is in direct correlation with the procedural capabilities of the defender to effectively participate in such establishment of evidence. However, the study of the opinions of academia, practitioners and generalization of the results of investigative practice, judicial statistics has led to the belief that in the course of establishment of evidence in a criminal case there exists an unreasonable discretion of the investigator and the interrogating officer over the guarantees of the individual’s right to protection enshrined in criminal procedure law. The defense counsel, despite the strengthening of these guarantees by the Federal Law of April 17, 2017 No. 73‑FZ, is not yet able to overcome the accusatory bias of the investigator, interrogator and properly defend the suspect, the accused. The author makes a proposal to solve this problem, taking into account the features of the modern form (type) of pre-trial proceedings.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"283 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135423958","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}

引用次数: 0

Moral Categories in Russian Criminal Law 俄罗斯刑法中的道德范畴

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-02-17 DOI: 10.17803/1994-1471.2023.150.5.096-106

P. A. Grigoriev

{"title":"Moral Categories in Russian Criminal Law","authors":"P. A. Grigoriev","doi":"10.17803/1994-1471.2023.150.5.096-106","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.096-106","url":null,"abstract":"The paper studies the forms of interaction between criminal law and moral ethical prescriptions as two systems that regulate the behavior of subjects of public relations. The study made it possible to establish that at present there are five main forms of implementation of moral and ethical categories in the criminal law of the Russian Federation. First, the norms of morality are embodied through the institution of the principles of criminal law. Analyzing the principle of justice, the author describes in detail the relationship under study. Secondly, certain moral prescriptions have been transformed into criminal law prohibitions and are currently legitimized in the dispositions of the Criminal Code of the Russian Federation. Particular attention is given to the historical transformation of the moral and ethical norm into the norm of the criminal law. Thirdly, the criminal law directly protects public relations regarding public morality and morality, which is enshrined in Ch. 25 of the Criminal Code of the Russian Federation. Fourth, the assessment of the morality (immorality) of the behavior of victims of individual crimes affects the classification of crimes and the imposition of punishment. The materials of investigative and judicial practice are considered, in which law enforcement agencies assessed the immoral behavior of crime victims. Fifthly, the relationship between moral and ethical standards and the system of criminal law is found in the fact that almost all existing criminal law prohibitions were socially and historically determined by the requirements of morality and ethics. At the same time, it was established that there are both purely moral criminal law prohibitions, such as prohibitions on appropriation of someone else’s property or deprivation of life, and criminal law prohibitions based on morality, but significantly modified in the course of social development (crimes in the field of economic activity, computer crimes and others).","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"233 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135423957","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}

引用次数: 0

An Employment Contract with a Teacher: Actual Problems of Concluding Such Contracts and Content of Supporting Documents 教师聘用合同:订立教师聘用合同的实际问题及证明文件的内容

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-02-13 DOI: 10.17803/1994-1471.2023.150.5.088-095

G. V. Shonia

{"title":"An Employment Contract with a Teacher: Actual Problems of Concluding Such Contracts and Content of Supporting Documents","authors":"G. V. Shonia","doi":"10.17803/1994-1471.2023.150.5.088-095","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.088-095","url":null,"abstract":"The pedagogical activity of a teacher at an educational organization is of a special social significance. The principles of continuity and professionalism of organization and conduct of the educational process have a significant impact on relations regulating conclusion, renewal and the content of an employment contract with a teacher. A turning point in law enforcement practice, as well as in the legislator’s approach to regulating the relations under consideration, took place when Resolution of the Constitutional Court of the Russian Federation No. 32‑P of 15.07.2022 was passed. A modern employment contract with a teacher is not limited to one document. The educational organization (an employer) should pay attention to the documents accompanying the employment contract with the teaching staff. Based on the analysis of current provisions of labor legislation and legislation protecting personal data, the doctrine, judicial and business practice, the author makes conclusions and recommendations regarding the solution of problems related to the conclusion, renewal and content of an employment contract with the teacher, as well as regarding the accompanying documents. The paper substantiates the composition and content of such documents, makes proposals regarding lawful processing of personal data of the teaching staff and reporting to Roskomnadzor.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135952215","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}

引用次数: 0

On the Possibility of Dissertation for Candidate of Science Degree Submission in the Form of a Report Prepared Based on the Published Works 论理科学位研究生论文以已发表论文为基础撰写报告的可能性

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-01-08 DOI: 10.17803/1994-1471.2023.150.5.173-180

E. N. Doroshenko

{"title":"On the Possibility of Dissertation for Candidate of Science Degree Submission in the Form of a Report Prepared Based on the Published Works","authors":"E. N. Doroshenko","doi":"10.17803/1994-1471.2023.150.5.173-180","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.173-180","url":null,"abstract":"The paper deals with the possibility of presenting a candidate of science degree dissertation in the form of a scientific report prepared based on a set of works previously published by the applicant in the relevant field of science, which are of great importance for science, engineering and technology. The author considers the experience of regulating this format in relation to a doctoral dissertation, including organizations exercising the right to independently award academic degrees. The main characteristics of this format are studied, including the requirement that a wide range of specialists know the results of research and development. The possible risks and consequences of introducing the format of a candidate degree dissertation in the form of a scientific report, associated with the refusal to formalize the materials of a scientific research in accordance with the uniform rules for preparing a dissertation manuscript, are assessed. Possible changes in the normative legal acts on the publication activity of the applicant for a scientific degree, on the requirements for the structure of a scientific report are analyzed.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135113883","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}

引用次数: 0

Organizational and Legal Mechanisms for Integrating a «One-Time» Type of Dissertation Council into the State System of Scientific Certification in the context of Implementation of the Strategy for Scientific and Technological Development of Russia 在实施俄罗斯科技发展战略的背景下，将“一次性”论文委员会纳入国家科学认证制度的组织和法律机制

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-01-08 DOI: 10.17803/1994-1471.2023.150.5.163-172

B. A. Zbaratskiy

{"title":"Organizational and Legal Mechanisms for Integrating a «One-Time» Type of Dissertation Council into the State System of Scientific Certification in the context of Implementation of the Strategy for Scientific and Technological Development of Russia","authors":"B. A. Zbaratskiy","doi":"10.17803/1994-1471.2023.150.5.163-172","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.163-172","url":null,"abstract":"The paper analyzes the experience of organizations that have the right to independently award academic degrees as to the issues of regulating the types of dissertation councils. The author provides examples of organizations that regulate the functioning of councils for the defense of individual dissertations for scientific degrees. The characteristic features of «one-time» dissertation councils are highlighted. The positive and negative aspects of the introduction of a «one-time» type of dissertation council into the state system of scientific certification are considered. The author proposes possible options for the normative fixing of individual mechanisms as to the functioning of the «one-time» type of dissertation council, as well as measures of responsibility for conducting an unfair dissertation defense. It is concluded that the integration of this type of dissertation council into the system of scientific certification will contribute to the achievement of the goal of the Strategy for Scientific and Technological Development of the Russian Federation. This will also make it possible to solve a number of tasks facing the state amid great challenges, such as ensuring the formation of Russia’s leadership in scientific and technological sphere and overcoming the concentration of research potential in certain regions of the country.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135113882","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}

引用次数: 0