Law

Consolidation of the Principles of Electoral Law in the Constitution of the Russian Federation

Introduction. The article deals with the legal regulation of the universal principles of the electoral law of the Russian Federation: the principle of universal suffrage, the principle of equal suffrage, the principle of direct suffrage and the principle of secret ballot. Theoretical analysis. These principles are fully regulated by the federal legislation. However, the current Constitution of the Russian Federation consolidates them only in respect of the election of the President of the Russian Federation. The article also analyzes the legal position of the Constitutional Court of the Russian Federation and international electoral standards. Results. The author formulated proposals on the consolidation of the universal principles of electoral law in the Constitution of the Russian Federation in case of a possible further revision.

Legal Regulation of Establishment of Administrative Responsibility by Territorial Subjects of the Russian Federation

Introduction. The administrative responsibility, which is traditionally in the center of attention of administrative and legal science in modern conditions, acts as the universal mechanism protecting law and order and the public relations in various spheres of public and state life. Discussion. Laws on administrative responsibility are an integral part of the legislation of a territorial subject of the Russian Federation and provide implementation of those rules which are established at the regional level. The problem of differentiation of powers of the Russian Federation and territorial subjects of the federation in the sphere of establishment of administrative responsibility remains debatable as there is still no consensus on the matter among scientists. Results. At its present stage of development, the regional legislation on administrative responsibility is not deprived of a number of the problems that have to be solved. One of these issues is a lack of uniformity of the legislation on administrative responsibility of territorial subjects of the Russian Federation. The prospects of development of regional laws on administrative responsibility are likely to be connected with the fact that law-enforcement practice will promote transformation of a number of their norms into standards of the Code of the Russian Federation on Administrative Offences at its updating.

Constitutional Regulation of Economic Relations in Foreign Countries: History and Modernity

Introduction. The constitutional regulation is considered as an impact of a constitution on the most essential aspects of life in society. Singling out common features of the constitutional regulation, “generations of constitutions” does not resolve an issue of existence of the common and special features in formulation of the principles of functioning of various systems, including economic relations, in constitutions of various periods. Theoretical analysis. Stipulation of the constitutional regulations on the bases of the economic system of the state depends to a lesser extent on the time of creation of the constitution. When determining economic bases, leaders of states rely mostly on economic policies. Еmpirical analysis. Assessment of provisions of constitutions of various foreign countries showed that three components of the constitutional regulation of the relations under consideration can be found in the consitutions of "the first generation". Such models can be singled out from the position of legal status of a personality, from the position of organization of public power and from the position of a territorial structure of a state. The constitutions of “the second generation” considerably broadened the sphere of the constitutional regulation of public relations including the economic sphere. In modern constitutions economic relations are regulated with a high degree of unification. Results. The similarity of the basic principles of the constitutional consolidation of economic relations does not mean existence of a uniform model of the constitutional regulation of the economic relations. The lack of the uniform model is caused by traditions of the constitutional legislation of a particular state, arrangement of political forces at the time of development of the draft constitution.

Constitutional Regulation of Restriction of Electoral Rights of Citizens of the Russian Federation

Introduction. Elections are one of the basic values of democracy; they provide citizens with the opportunity to participate in the administration of state affairs. Theoretical analysis. The Constitution of Russia of 1993 in article 32 enshrines the electoral rights of Russian citizens – the right to elect (active suffrage) and the right to be elected (passive electoral right) to state and local government bodies. In the same article, the Constitution of the Russian Federation establishes restrictions on the electoral rights of Russian citizens. Empirical analysis. The Constitution of Russia, firstly, establishes uniform restrictions for active and passive electoral rights (citizens who are recognized as incompetent by a court and who are imprisoned by a court sentence do not have the right to elect and be elected); secondly, it provides for restrictions only on passive suffrage (age limit, permanent residence requirement, prohibition to run for the third time in a row - for a candidate for the President of the Russian Federation; age limit - for a candidate for deputy of the State Duma); thirdly, it establishes the general conditions for the restriction of all rights and freedoms of a person and citizen, in accordance with which federal laws establish additional restrictions on electoral rights. Results. It is concluded that: 1) the 1993 Constitution of the Russian Federation itself restricts the active electoral right and the passive electoral right of Russian citizens; 2) on the basis of part 3 of article 55, federal laws establish a wide range of additional (with respect to the constitutional) restrictions on voting rights.

The Analysis of Some Doctrines of Law in the Light of the Present

Introduction. The object of the research in the article is the question of essence of law in modern science. The author in the research is guided by the analysis of various political and legal doctrines of law and state, allocating natural and legal, historical, normativity, psychological, sociological, Marxist-Leninist, realistic schools of law. Theoretical analysis. Emergence of this or that school of law is proved by political, economic and cultural changes taking place during a particular historical period. The analysis of the main doctrines of law and state since antiquity to the present day is carried out in search of a universal approach to the understanding of law. Empirical analysis. An attempt of logical, system description of the main schools of law from the perspective of practical usefulness and theoretical integrity is made. From this point of view, the essence of law within finding of a common ground of absolute and positive law is investigated. The main conclusions of the research are criticism of pluralism of views of the essence of law which developed in science and justification of the uniform approach to the essence of law within modern standard understanding of law. Results. Within modern standard understanding of law, law is a set of obligatory, formal and certain rules of conduct (rules of law) authorized by the state and expressing class and universal character; it is one of the most democratically justified regulators of the public relations.

Transformation of Law under the Influence of Digital Technologies: New Requirements to Training of Lawyers

Introduction. The article looks at how development of technologies is influencing and might influence the processes of law enforcement and law-making in the future and what changes in legal training it will require. Theoretical analysis. Nowadays, the use of modern digital technologies in the sphere of public management involves emergence of a number of the problems connected with inflexibility of machine regulation and inevitable mistakes in functioning of these technologies. At the same time, from the legal point of view there is a gap between regulations and technologies which mediate their application. The authors assume that in the long term this gap can be and has to be overcome, which will entail transition to a technological method of legal regulation. It, in turn, will require essentially new competences from lawyers. Empirical analysis. On the way of transition to a technological method of regulation it is necessary to pass several important stages of transformation of law: 1. Recognition by the state (states) of cryptocurrencies and/or other values, possession of which is confirmed only by records in a blockchain, development of the precepts of law regulating their address; 2. Full integration (or reflection) of the processes in the real world with data in information systems; 3. Transformation of regulations in an electronic form, giving them the properties of self-feasibility. Results. The authors make the conclusion about potential transition of both law-making, and law realization mainly to an electronic form, which, in particular, will require development of the legal focused programming language for recording precepts of law. It, in turn, will objectively lead to the fact that knowledge of information technologies, their legal regulation and fundamentals of programming of legal documents will become necessary competences for graduates of legal majors and specialties.

Merit as a Social and Legal Phenomena and Concept: Definition, Material and Legal Attributes (Part 1)

Introduction. The article is devoted to the consideration of the nature and content of the concept of «merit» in premium law. Discussion. The author of the article has attempted to determine the essence of merit, which is a combination of attributes, on the basis of which merit acts as an independent socio-legal phenomenon. The main and additional social and legal features of merit were investigated, the concept of a meta-model of meritorious behavior was introduced. The definition of merit is formulated as a socially useful act provided for by law, which serves as the basis for applying a positive sanction, the content of which is legal encouraging (awarding by the state). Conclusion. The paper presents the characteristic properties and defines the notion of «merit» in the context of the unity of the legal and social, formal and material aspects of this socio-legal phenomenon of the premium institution. The perspective of further theoretical development of the legal «structure of merit» as a qualifying instrument of premium law is noted.

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.

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