Law

Realization of the Constitutional Principle of Equality of the Parental Rights and Duties while Imposing and Serving Criminal Penalty

Introduction. The article is devoted to the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. Theoretical analysis. The author analyzes the Criminal and penal codes of the Russian Federation in terms of the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. The author notes that the criminal code stipulates a list of penalties, some of which are asymmetric, that is, they contain no conditional benefits for women mothers, which leads to a violation of parental rights of men. Results. Summarizing the results of the study of criminal and penal enforcement legislation, the author comes to the conclusion that at present the principle of equality of men and women in the field of penal enforcement legislation in relation to their family responsibilities is observed. However, there is an unjustified differentiation of some provisions of the criminal law, which is an obstacle for men-fathers to the exercise of parental responsibilities, enshrined in part 2 of article 38 of the Constitution.

Accessibility and Effectiveness of Mechanisms for the Judicial Protection of Constitutional Rights and Freedoms as the Rule of Law Indicators

Introduction. The mechanisms for the judicial protection of citizens’ constitutional rights and freedoms by means of constitutional and administrative proceedings are analyzed in this article, taking into account the federative specifics of the Russian Federation. Theoretical and empirical analysis. The principle of accessibility of the rights protection mechanisms as the rule of law indicator is revealed through an analysis of the system of constitutional control bodies in the Russian Federation, the results of their completion process, as well as through an analysis of the alternative mechanism for the constitutional rights protection by the courts of general jurisdiction if there are no constitutional (statutory) courts in particular subjects of the Russian Federation. The principle is also revealed via comparative analysis of the admissibility criteria and requirements for citizens’ appeals to constitutional justice bodies and courts of general jurisdiction in order to protect their constitutional rights and individual organizational requirements. Besides, the article considers another indicator of the rule of law – the principle of the effectiveness of the mechanisms for the constitutional rights and freedoms protection – through the analysis of the legal force of decisions of the constitutional justice bodies and courts of general jurisdiction for the applicant, as well as their influence on other persons within the legal relations; the possibility of revision; the feasibility of court decisions, depending on the specifics of their content and the impact on the resumption of the case and the revision of decisions of other courts, that initially gave grounds for implementation of the judicial protection mechanisms for constitutional human rights and freedoms by means of constitutional and administrative proceedings. Results. Furthermore, the article set forth the main problems citizens face while implementing mechanisms for the judicial protection of their constitutional rights and freedoms. The author suggests some options for the solution of these problems.

Digital Rights as a New Object of Civil Rights

Introduction. The article analyzes the changes made to the Civil Code of the Russian Federation concerning introduction of a new object of the civil rights – the digital rights. Theoretical analysis. The category of the digital rights is designed to settle the relations arising from the use of cryptoassets, first of all, such as cryptocurrencies and tokens. At the same time, it is not directly specified in the accepted edition of the law, the definition of the digital rights used in the edition can potentially extend to a much wider range of objects. At the same time, cryptocurrencies and tokens are not essentially new objects of the rights. In fact, they represent entries in the decentralized register constructed with the use of blockchain technologies. They are neither property nor property rights, they represent a technologically new way of a record of property rights. Results. The author draws the conclusion that it is inaccurate to refer to the digital rights as the objects of civil rights. To regulate economic circulation, it would be sufficient to recognize the fact that property rights can be recorded in a digital form, including recording by means of entering records into the decentralized registers. Consolidation of similar provisions in the civil legislation would allow to apply all the civil tools necessary for the use and protection of cryptoassets.

Results of Abstract Interpretation of the Volume of Norms of Civil Procedural Law

Introduction. The interpretation of legal norms is one of the main issues of legal science and practice which are quite debatable. The problem of interpreting norms in terms of their volume is very significant and is widely discussed in modern jurisprudence. The interpretation of the volume of norms acquires particular importance when it concerns civil procedural law as a system of norms that establish the procedure of hearing and solution of civil cases, administrative cases and some other ones. Theoretical analysis. An abstract interpretation of procedural norms is a relatively independent legal activity that is not absorbed by law-making and law enforcement. The results of such interpretation should not be included in the interpreted procedural norm. The legal provisions formed as a result of the procedural norms interpretation can differ from the content of the interpreted norm (restrictive and extensive interpretation). Empirical analysis. The practice of abstract interpretation of procedural norms by senior courts allows to identify complementary and excluding legal provisions which in terms of their volume and content differ from the interpreted procedural norm. Exclusive provisions are less common due to the prevailing imperative nature of civil procedure law. Results. The extensive and restrictive interpretation of the norms of civil procedural law leads to the formation of special complementary and excluding legal provisions that express the real meaning of the procedural norm with the generalization of practice of its implementation (including certain types of cases and certain legal situations).

Jus Naturale and Roman Law: Issues of Correlation

Introduction. The issue of the relationship of jus naturalle, that is, as Samuel Pufendorf rightly claims, the same age as the human race and was formed within the framework of ancient Greek law, and Roman law, which is considered the pinnacle of ancient law, is the object of the study in the present article. Currently, many philosophers, lawyers, who try to understand this problem, agree that jus naturalle had a direct and significant impact on the content of Roman law. Purpose. The research is aimed at revealing the relationship between jus naturalle and Roman law and the logical connection between them. Results. To clarify the interaction between jus naturalle and Roman law, the specific characteristics of each system were identified. Theorizing identified with philosophy, the presence of moral attitudes, that are not formalized, in the strict sense, in the documentary legal form, are inherent in natural law. Roman law, on the contrary, is technological, concrete, imperative, not speculative. Both systems appeared in the ancient period, but they did not develop simultaneously, they developed consecutively, with Roman law incorporating the ideas of jus naturalle, which indicates, firstly, their relationship, and, secondly, that jus naturalle was a part of Roman law. This explains the homogeneous relationship between the phenomena under consideration, which is consistently characterized by a number of regularities. Methods of interpretation and legal fictions were widely used to formalize the ideas of jus naturalle into Roman laws. Conclutions. Thus, the Roman law formalized the ideas of jus naturalle in legal regulations, which allowed them to “translate” from abstractions into reality, building the rule of law on their basis.

Ways and Means of Implementation of the Duty to Provide Legal Education: A Regional Perspective

Introduction. The article deals with the analysis of regional legislation on consolidation of the duty of state bodies to provide legal education and legal information. Theoretical analysis. The author considers the legal structures of consolidation of the right to legal education and legal information and legal obligations of state bodies, available in regional regulations. The author considers the components of the system of legal education and legal information, compliance of the methods of legal education and legal information with the modern level of information technology development. Results. The author notes that the regional legislation on legal education and legal awareness of citizens should reflect the systemic measures of legal education, focusing on the legal regulation of the methods of legal education and awareness, which should correspond to the modern level of information technology development. The author has analyzed the legal constructions for consolidation of the duty to provide legal education and information in regional acts, and suggested effective ways to fulfil this duty.

Essence of the Principle of Legal Definiteness: In Search of Constitutional and Legal Sense

Introduction. The article analyzes the principle of legal definiteness from the perspective of the role or function it performs in a legal system. Theoretical analysis. The article highlights that the category of “legal definiteness” cannot essentially be reduced to the concept of “definiteness of law” since it refers not only to the system of law, but also to a legal system in general. According to the authors, the concept of “legal definiteness” expresses a condition of definiteness of legal regulation of the real-life public relations, and in this sense it covers not only requirements of clarity, definiteness and coherence of precepts of law, but also definiteness of the actual legal status of legal entities. Rights and freedoms of the person and citizen define sense, contents and application of laws. Law represents the tool that provides a condition of legal definiteness of the public relations regulated by it. Results. The authors conclude that legal definiteness, which, in this context, represents the actual aspect of influence of law upon existing public relations, really characterizes “not legal” or not absolutely legal phenomena. The substantial aspect of legal definiteness is connected more closely with identification of the valid sense of the subjective right, volume of the competences it includes, limits of its implementation, etc. than with definiteness of legal instructions. The principle of legal definiteness is expressed via the system of the legal tools that allow to provide, firstly, subject definiteness of the legal status of the person and citizen and, secondly, necessary stability of this status if the current legislation changes.

Questions of Legislative Regulation to Effectively Ensure Information Support of Public Control

Introduction. Public control is a mechanism with the help of which civil society influences the activities of government authorities. An important element of public control is to provide free access of citizens to the information about the subjects, objects and forms of public control, and a broad discussion of its results. Theoretical analysis. Establishing the legal basis of public control, the Russian legislation proclaims the publicity and openness of public control; it sets up the conditions to ensure information support of public control; the law establishes the rule of public access to the information on public control except for the information constituting a state secret and other types of secrets, as well as personal data; it regulates the rights and obligations of subjects and objects of public control relating to the provision and disclosure of information. However, these rules set only a legal framework; the issues relating to the ways in which citizens obtain information about the implementation of public control have not been studied sufficiently. Empirical analysis. The most significant drawbacks of the legal regulation to ensure information support of public control are: the disarray of information resources that contain information about various subjects and forms of public control, which leads to the fragmentation of information and makes it difficult to search for it; the lack of a mandatory list of information items on public control, which makes it difficult to monitor the information support of public control; the lack of information and legal guarantees of public control. Results. The following ways to improve ensuring information support of public control in terms of organization and legal nature are offered: legal regulation to create and ensure functioning of the unified state information system of public control should be implemented; the list of information items on implementation of public control and its results that are compulsory to be openly published should be included in the text of Art. 8 of the Federal Law “On the basis of public control in the Russian Federation”; additional legal guarantees of access to information on public control should be established.

Merit as a Social and Legal Phenomena and Concept: Definition, Material and Legal Attributes (Part 2)

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.

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.

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