Law

The Prohibition of Discrimination Based on “Attitude to Religion” – a Guarantee of Realization of the Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of Attitudes Towards Religion in the Russian Federation

Introduction. The article considers the prohibition of discrimination on the basis of “attitude to religion” in the context of the content of the constitutional principle of equality of rights and freedoms of man and citizen regardless of attitude to religion. Discussion. The author of the article attempts to determine the legal nature of the prohibition of discrimination based on “attitude to religion”. The author carries out the analysis of the legislation of the Russian Federation for the presence of the considered ban on discrimination. The decisions of the European court of human rights on discrimination of religious belief are investigated. The structure of subjects and objects of discrimination on the basis of “attitude to religion” is defined, forms and methods of such discrimination are listed. Conclusion. The nature of the prohibition of discrimination based on “attitude to religion” in the context of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of attitude to religion has been determined. The difference in the resolution of court disputes on discrimination based on “attitude to religion” in the international and Russian judicial systems is noted.

The Constitutional Right of Everyone to Freely Produce Information: Concept and Essence

Introduction. The article deals with a complex analysis of the constitutional legal regulation of the right of everyone to produce information. Theoretical analysis. The author considers various approaches of scientists to the content of the right to information. The right to produce information is generally considered as one of the warrants of the right to information. There is no concept of the production of information in Russian legislation, but at the same time, synonymous terms are used. They reflect the essence of the production of information, such as: “making”, “creation”, “editing”, “processing”, “formation”, “preparation” of information. The author considers constituents of the constitutional formulation that reads «everyone has the right to produce information». Results. The author notes that the right to produce information can be regarded as a subjective constitutional right to create an information product, regardless of its presentation in the process of creative, production and other socially useful activity of a person and citizen, as the right to make, process, prepare and edit information products with the aim of replicating such information. The author proposes to consider the right to produce information as an independent subjective right and formulates her own notion of the constitutional right to produce information.

Legal Nature and Content of Constitutional Category of "Health Condition" of a Person

Introduction. The article is devoted to a complex analysis of the legal nature and constitutional essence of the category of “state of health” of a person. Discussion. The “state of health” of a person is a constitutional category, is reflected in the current Constitution of the Russian Federation, a number of federal constitutional and current laws, and widely used in various branches of law. However, today there is no clear legislative definition of the notion of a person’s state of health, although as a legal category, it often determines the possibility of various legal relations, if they are due to legal requirements for the state of human health. For the purpose of scientific substantiation and legislative registration of the term “state of health” of a person, the definitions of “state” and “health” are investigated in historical, scientific and regulatory aspects. The author notes that “state” is a characteristic of being, and “health” is a multidimensional category, the essence of which scientists have been studying throughout the history of human society. Conclusion. As a result of the systematic method of studying the definitions of “state” and “health”, the author suggests the notions of “health” and “state of health” of a person, which must be introduced into the current legislation as definition norms to clarify their meaning in the law enforcement practice.

Concept and Content of Customs Administration in the Eurasian Economic Union

Introduction. Modern realities require that customs authorities should improve the quality of customs administration. However, despite the wide use of this concept, its content is still not clearly defined either at the level of legislation or in the scientific literature. Purpose. The main goal of the work is to study the concept and content of customs administration, which is especially important in the context of the functioning of the Eurasian Economic Union. Results. The study of the institution of customs administration contributes to the correct consolidation of the concept in scientific, reference literature and legislation. Conclusion. Customs administration is considered as the functioning of the management system in the field of customs that helps implement the law enforcement and fiscal functions of customs bodies and increase the reliability and quaulity of customs formalities. Possible ways of improving the institution have been proposed.

Legal Provision of Lawyers and Political Scientists’ Training under the Introduction of Professional Standards

Introduction. This article is devoted to the analysis of problems of legal provision of training for higher educated specialists in the field of jurisprudence and political science. These problems are primarily related to the improvement of the quality of higher education and the implementation of popular educational programmes by educational institutions of higher education focused on the particular economic sector and employers’ interests. That is why the introduction of professional standards and the development of professional and public accreditation of educational programmes in the field of jurisprudence and political science are becoming more important. The choice of data analysis is due to the need to improve the training mechanism enabling professionals to acquire fundamental knowledge, and, above all, relevant skills, consciousness in the current regulation of public relations, i.e. to be competitive in the labor market. Purpose. The main goal of the work is to identify problematic aspects of legal provision of training for lawyers and political scientists under the modernization of higher education in Russia. Results. The authors analyzed the legislative regulation of social relations in the training in connection with the development and implementation of professional standards and the improvement of professional public accreditation. Conclusion. The authors conclude that problems may be caused by the fact that the standards lack the awareness of specific professional activities of specialists to be, by contradictions between federal legislation and legal acts of executive bodies, and difficulties in determining the content of professional standards in the field of jurisprudence and political science.

Features of the Application of the Universal Criteria of Science in Law

Introduction. Universal scientific criteria have their own specific application in law, this is due to at least two circumstances. First, universal scientific criteria are developed in the conditions of the classical philosophical picture of the world, and the question of revision of the system of universal scientific criteria was actualized in the era of post-non-classical philosophy, since not all of them are able to “work” in irrational conditions. The second is related to the general nature of universal criteria that do not take into account initially the features of the object-subject area of legal sciences. This circumstance, coupled with the lack of disciplinary criteria of legal knowledge, “coarsens” the effectiveness of the application of universal criteria to the assessment of legal knowledge for scientific purposes. Accordingly, a combination of, a set of criteria of scientific character in relation to a particular legal phenomena can be varied. These issues require careful study in connection with the emergence of new social phenomena that require legal understanding, the introduction of definitions of their concepts in the categorical apparatus of the general theory of state and law. Purpose. The purpose is to consider the set of universal scientific criteria that are necessary and suitable for the standardization of legal knowledge. Results. Due to the fact that the system of such individual (disciplinary) settings did not work, the universal standards of knowledge developed in philosophy of science are used as the criteria of scientific character of legal science. They represent a complex system of foundations of science, consisting of theoretical and logical, and empirical parameters. However, they are often insufficient for quality assessment of legal knowledge. The article considers how to apply some of the theoretical and logical scientific criteria for the identification of the scientific foundations of different legal phenomena. In other words, it is shown under which conditions (if there are grounds) legal phenomenon can be the object of scientific analysis. Conclusions. Thus, the scientific criteria are necessary evaluation parameters of state-legal phenomena, allowing to standardize legal knowledge. Their system, features of the application depend on the object and subject of science, historical and socio-cultural conditions, as well as the prevailing (dominant) methodology.

Features of “Risk” and its Manifestation in the Performance of the Court’s Procedural Duties

Introduction. Solving specific social and important tasks, industry legislation and law enforcement practice did not develop a unified approach to the definition of “risk”, which is predetermined by its versatility and its ambiguous interpretation in scientific works and modern legislation.

The aim of the study is to develop theoretical provisions that reveal the features of risk in civil proceedings. The author pays special attention to the most controversial features of risk – its applicability to the actions of the court, performing procedural duties. The article draws attention to the meaning of “risk” in the scientific and empirical aspects. The dialectical analysis allowed to evaluate the results of lawmaking and judicial law enforcement, historical and comparative methods of scientific knowledge contributed to an objective assessment of the quality of the current procedural legislation, the system method allowed to interpret the categorical apparatus on the example of the study of “risk”, the method of legal modeling served as a justification for proposals to improve the legislation.

Results. Risk is a category specific not only to the identification of the interest of the persons involved in the case. Risk, having an objective and subjective justification, is a fundamental category of procedural law, in which the freedom of choice of subjects of law is not limited only by permissible and administrative means, but it is justified by regulatory requirements for the obliged subjects. The traditional provision of procedural legislation on the procedural risks of the parties and other persons involved in the case is quite common and applicable for the court performing procedural duties.

Conclusion. In some cases, the reference to legislation providing for “risk” for the subjects of law is not always well-founded and reflects its ontological nature. The category “risk”, having a wide purpose in procedural law, expresses an example of the dispositivity of the Russian civil procedural legislation with the peculiarities of its legal regulation of certain legal institutions, on the one hand, and the procedural impossibility of determining the consequences of a legal action that may occur for the subjects of law applying it, on the other hand.

Legal Problems of Interaction between the State and Political Parties in Modern Russia

Introduction. The article substantiates the judgment about the lack of regulation of the issue of interaction between the state and political parties: the law stipulates neither the principles nor the form, nor the order, nor the sphere of interaction of political parties with the state. There is no mechanism for taking into account and implementing the recommendations and proposals of political parties in the state management sphere, which makes it impossible for political parties to have a real impact on state policy. Meanwhile, the legislation on political parties contains the requirements for the establishment, activities of parties, as well as the system of state guarantees in the information, financial and other spheres.

The purpose is to justify the idea that one can speak of unilateral impact of the state on the parties rather than of parity interaction of the state and political parties.

Theoretical analysis. The legislative regulation of interaction between parties and the state is enshrined only in article 10 of the Federal law “On political parties” in the form of a ban on mutual influence on each other’s activities, which is clearly not enough for effective cooperation. Namely, it should be a condition for the full development of political and state-legal systems. The lack of clearly defined principles, forms and methods of interaction between the state and political parties led, firstly, to the state’s influence on political parties, primarily through the system of financial and information resources provided to the parties participating in the elections, and, secondly, to selective control over the activities of political parties, which leads to inequality of the actual situation of the latter.

Conclutions. The analysis of the Russian legislation has shown that the multidimensional goal of creation and activity of political parties in Russia cannot be realized, as political parties are in subordinate position when interacting with state, as there are no effective guarantees and mechanisms of influence on the state legal life.

The Category of “Public Control” in the Constitutional Legislation of Foreign States

Introduction. This article analyzes the constitutional legislation of foreign countries for the existence of a normative consolidation of the category of “public control” in it. The article studies the legal and technical approaches to determining the content of this concept, applied in foreign countries, as well as general and specific features of the institutionalization of public control in national legal systems. The main goal of the work is to study the peculiarities of the legal understanding and the rightful implementation of public control in foreign countries.

Results. The author analyzes the norms of the constitutions of foreign states, which strengthen the foundations of democracy. The article shows the dependence of the use of the category of “public control” in the constitutional legislation of countries depending on the national peculiarities of the organization and functioning of political and legal systems. Particular attention is paid to the influence of the Russian legal system on the development of legislation in the sphere of public control in the CIS countries.

Сonclusion. The author comes to the conclusion that foreign countries rarely use the concept of public control, replacing it in most cases with the concept of civic participation, which presumes essentially identical forms and ways of interaction between the state and civil society.

The Legal Regime of State and Municipal Information Systems

Introduction. State and municipal information systems are the most important tools for building the platform of e-government and of the digital economy. Systemic study and improvement of their legal support is possible through the category of “legal regime”.

Theoretical analysis. Administrative and object legal regimes are singled out. The legal regime of information systems refers to the objective ones. The legal regime of the state (municipal) information system is a set of interrelated legal means to achieve the desired social effect of using the state (municipal) information system.

Empirical analysis. Structurally legal regime is a system of interrelated and interacting elements, among which normative and non-normative elements can be singled out. The purpose of establishing a legal regime, the principles of the institution of state and municipal information systems are of particular importance among non-normative elements. The block of normative elements is formed, first of all, by the norms determining the legal status of participants in information relations related to the creation and use of state and municipal information systems.

Results. There are the following mandatory regulatory elements of the legal regime of the state (municipal) information system: the purpose of creating and designating an information system; requirements for the composition and content of the information resource; requirements for technical, software, linguistic support of the information system; requirements for the processes of creating an information system (including commissioning, modernization, decommissioning); the legal status of information providers; the legal status of users of information; legal status of the information system operator.

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