Branches Of Russian Law Research Articles

Distinction of Competencies in the Legal Regulation of Social Security in the Context of Federalization

The article considers interaction forms in the field of legal regulation of social security between state authorities: federal and regional. In social security law, as in a number of other branches of Russian law, the combination of various levels of legal regulation is essential for the implementation of the constitutional right of people to social security, while leading to a number of problems in rule-making and law enforcement. The right to social security guaranteed by the Constitution of the Russian Federation to categories of persons in need of it, providing them with material support measures provided for by laws of social risks in a timely manner and to the fullest extent possible, in conditions of federalism, can be implemented with the participation of state authorities at all levels of legal regulation, from the federal to the level of local self-government. It was concluded that the state authorities of the constituent entities of the Russian Federation have a wide range of powers, the use of which allows them to more effectively implement the right of people to social security.

CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

Child's legal personality: actualization of opportunities and their limitations

The subject of this research is the concept of a child’s legal capacity in an interdisciplinary context and the validity of various approaches for determining the essence and scope of a child’s legal capacity in terms of Russian public and private legislation and to provide suggestions for improvement.Methodology: The authors’ general research methods for cognition are: analysis, synthesis, and abstraction. This research is also based on legal acts and judicial practice, as well as on the opinions of scientists.Results: On the one hand, differentiations in terms of the essence, structure and scope of a child’s legal capacity within the branches of Russian law are justified according to the specifics of their subject and methods of legal regulation. On the other hand, the differences in approaches presented in them, especially according to age criterion, are far from universally justified, and this is especially characteristic of the active component of legal personality – or legal capacity. Thus, 14 and 16 are the ages of legal capacity in terms of constitutional law; 6, 14 and 16 for civil law; 14, 15 and 16 for labour law; 15 for medical law; 10, 14, 15, 16 for family law; etc. The law on education does not indicate any age benchmarks, being oriented towards the school education periods. At the same time, the lower boundaries of ‘minimal legal capacity’ are established only for the sake of civil legal relations and administrative and criminal liability. In other cases, in the assessment of a child’s ability to make legally significant decisions, the law enforcement officer considers a child’s individual psychological characteristics. Typically this approach proves to be correct. Psychological data indicate the development of an acceptable level of cognitive ability by the age of 12; therefore, the formally enshrined concept of child consent to certain legally significant acts beginning at the age of 10 requires discussion and possible adjustment. The ages of 14 and 16 as starting points for basic elements of the legal capacity (legal personality) are reasonable and must be applied systematically; other intermediate solutions are not justified. In terms of a generally correct decision with regard to the moment when the age of legal capacity begins, it would be reasonable to correlate this with the protection of a child’s interests before his/her birth. There is no unified approach to understanding a child’s ability to perform legal duties: in civil law such ability is denied, while in other legal spheres it exists. As for family law, it should be assimilated into the general group. Conclusions: the concept of a child’s legal capacity requires systematization and enhancement as a prerequisite for a reasonable and justified arrangement of children's world – both within the family and in the public sphere.

The search for the “legal Grail” has been completed (Reflections on the fields of fundamental research “Military Law” in the era of transformation of the current world order)

The fundamental monographic study “Military Law” comprehensively examines the issues of legal regulation of public relations related to the functioning of the military organization of the state, provides a detailed theoretical justification of the independence of Military Law as a branch of Russian law, its key sub-branch - the law of armed conflicts.

РУКОВОДИТЕЛЬ ОРГАНИЗАЦИИ И ОРГАН ЮРИДИЧЕСКОГО ЛИЦА: ЕДИНСТВО СУЩНОСТИ И ПРОТИВОРЕЧИЯ

Introduction: the paper examines the corporate and labor law status of the head of an organization in the Russian Federation at the present stage. The criteria for distinguishing between the head, participating in social relations as an employee, and a body of a legal entity are determined, as well as the applicable norms of labor and corporate law. The article analyzes the provisions of Russian legislation and local acts that define the legal status and competence of the director; studies internal acts of a corporate organization that regulate the director’s status, the procedure for its implementation, and the scope of powers; looks at the features of organization management from two perspectives: organization of the director’s labor and intracompany (intra-production, corporate) management of the legal entity. The issues of the director’s legal responsibility in the exercise of his powers are discussed. Purpose: to establish the role of the applied norms and fundamental approaches of different branches of Russian law in defining the status and powers of the head of an organization. Methods: empirical methods of observation, comparison, and description; theoretical methods of analysis, synthesis, and classification; formal-logical method as a special scientific method. Results: we have studied the legal status of the head of an organization. The paper provides an overview of the interrelations of rules governing the issues of the status, powers and responsibilities of the head under different branches of law. The cases of application of local acts, an employment contract, other agreements that define the status of the head are delimited. Conclusions: the paper reveals the determining role of the norms of corporate legislation and the subsidiary role of labor legislation in terms of defining the status of the head, including the scope of his powers under corporate and labor law. The study can contribute to the improvement of legislation and law enforcement practice in terms of elimination of the competition between the relevant legal norms and inconsistencies in their interpretation.

Problematic aspects of determining the legal nature of the legal liability of certain branches of Russian law

Problematic aspects of determining the legal nature of the legal liability of certain branches of Russian law

Science city as municipality: problems of legal regulation

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 scientific and technical policy. If the link "science city – municipal entity" is recognized as necessary and fundamental in the future, taking into account the provisions of Articles 12 and 132 of the Constitution of the Russian Federation, it is necessary to establish, firstly, the legal features of the implementation of local self-government in science cities, and secondly, the basic principles of interaction of local self-government of science cities with public authorities as the solution of issues of local importance in the interests of the population living in the territory of the science city, and the forms and order of participation of the organization.

Age as a Legal Fact in the Family Sphere: Temptations and Conventionality of the Number of Years

The paper examines the meanings of an age as an independent legal fact or an element of a complex legal and factual structure in the family legal sphere. The author states that the legal significance of a person’s age is diverse and ambiguous. At the same time, legislative decisions are based on various factors: conventions of the digital designation of the age report point, respect for national and cultural traditions, including legal ones, considerations about medical and psychological characteristics more or less corresponding to a particular age, subjective preferences or mistakes, purely political (ideological) motives. As a result, the combination of these factors leads to justified or, to varying degrees, unjustified approaches that are extremely approximate in digital terms. The paper criticizes family law provisions concerning regional diversity and regulating the issue of reducing the age of marriage, which does not always reflect the real national and cultural characteristics of the territories and excessively localizes the concept of legal capacity. The author analyzes the differentiation of the child’s age capabilities as a subject of family law, including the context of interaction with relevant decisions in other branches of Russian law (constitutional, municipal, administrative, civil, labor, civil procedure). The absence of a system in this matter is stated. It is proposed to adjust the legislation in terms of systematization of «launch points» of partial legal capacity of minors. The author emphasizes a psychological context of the problem of a legal age for the child. The paper demonstartes other values of age for the family law sphere, namely: invalidity of marriage, alimony obligations, custody and guardianship, adoption (adoption).

LAW OF SCIENCE

The article researches the peculiarities of the methods of scientific law. Different points of view on thisproblem are considered. In accordance with the understanding of scientific law as a complex branch ofRussian law, which regulates the relations in the field of scientific, scientific-technical and related innovationactivities, the authors conclude that it is characterized by a combination of private and public aspects,dispositive and imperative methods of legal regulation based on the range of relations, which are affectedby law.

Feedback in the Regulation of Legal Relations

Problem statement. The paper explores the possibilities of using the feedback principle, known to cybernetics and legal science, for the organization of legislative work. Purpose and objectives. To determine how relevant the use of the feedback principle is for different branches of law, how feedback can be organized taking into account the special complexity of such a system as society. Methods. Based on the content analysis of publications published in the Scientific Electronic Library, a conclusion is made about those branches of Russian law where the use of the feedback principle in the management of social processes is of the greatest relevance. Results. By observation and comparison, the author comes to the conclusion that the Council under the President of the Russian Federation for the Codification and Improvement of Civil Legislation is an effective social institution that organizes feedback based on the opinions of experts in the field of law. The transmission of a feedback signal through trade unions and employers’ associations is not able to give high results for the management of the rule-making system due to the existence of high requirements imposed by life on the quality of draft laws. Conclusions. In the presidential republic, the improvement of legislative work is possible through the organization of feedback – the creation of councils on the most important branches of law under the head of state.

Judicial precedent as a formal source of law: theoretical issues

The article provides a dogmatic analysis of the category judicial precedent as one of the types of formal source of law. The meaning and main types of legal precedent are determined. The construction of the judicial precedent is considered through the prism of its development in English law (common law and law of equity), the substantive features of the stare decisis principle are analyzed as a fundamental basis for the mandatory application of the judicial precedent in practice. An universal definition of a judicial precedent based on the analysis of its essential features is proposed. The author examines the categories ratio decidendi and obiter dictum within the framework of the judicial precedent and analyzes the features of their identification. The article provides a logical relationship between a court decision, judicial practice and judicial precedent, considers the main types of judicial precedent (binding, persuasive, rejected), their substantive features and regulatory significance. A comparison between precedent de jure2 and precedent de facto is made, the value of the interpretation precedent in relation to the construction of the legal position of the highest court is established. The conclusion about the formation of the Russian doctrine of judicial precedent is made both at the level of the general theory of law and in the branches of Russian law.

Legal enforcement aspect of the interaction of public and private principles in criminal law: on the 25th anniversary of the Criminal Code of the Russian Federation

The article examines public and private principles in criminal law. The authors of the article separate public and private principles without corresponding opposition of branches of law and conclude that the mutual influence of public and private principles is inherent in all branches of Russian law without exception. For criminal law, the public nature of which is not disputed, this conclusion is confirmed by reference to Article 76 of the Criminal Code of Russian Federation, in which, according to the authors of the study, the influence of the Civil Procedure Code of the Russian Federation is directly manifested (chapter 141 of the Civil Procedure Code of the Russian Federation) and the Arbitration Procedural Code of the Russian Federation (chapter 15 of the APC of the Russian Federation) regulating the settlement of disputes by peaceful means. The article also reveals the connection between criminal law and arbitration procedural law. The article also reveals the connection between private and public principles of criminal law and arbitration procedural law in connection with the application by the arbitration courts of paragraph 1, рart 1, article 161 of the APC of the Russian Federation, which regulates the obligation of the arbitration court, upon receipt of an application for falsification of evidence, to explain to the subject the criminal consequences of such an application, and article 1881 Private definitions of the APC of the Russian Federation, which actually imposes on arbitration courts the obligation to qualify a crime.

О НАУЧНЫХ ВЗГЛЯДАХ НА СИСТЕМУ СОВРЕМЕННОГО ГРАЖДАНСКОГО ПРОЦЕССУАЛЬНОГО ПРАВА РОССИИ

In the article, the author addresses the problems of modern science of civil procedure law on the issue of the optimal option for structuring the branch of law. During the study, several areas of understanding of the structure of civil procedural law were discovered. The first direction is based on the need to use the traditional elements of the structure of the branch of law (sub-branch, institute, norm). The second direction is related to the influence of reforming the norms of material law under the influence of the development of virtual (digital) legal relations, the active introduction of robotization in legal relations, etc. As a result, the literature actively discusses the emergence of new entities in the law industry system, which some have studied and called “summative (non-systemic) legal entities” (V.M. Sherstiuk), “cyclical normative arrays in law” (T.Ia. Khabrieva). However, the author stands out another direction, within the framework of which an attempt is made to understand the rationale for dividing the industry into parts, both taking into account the theory of law and the accumulated experience in the development of civil procedural law. On the one hand, the division of the industry into parts is an example of the established tradition since the Soviet period. At the same time, the author draws attention to the fact that the legal literature has not yet answered the question about the methodological justification of the presence in the structure of the branch of law of such an element as part, its relationship with the sub-branch, institution, and other entities in the system of the branch of law. Based on the analysis of the structure of other branches of Russian law, the author concludes that the tools used to structure the branches of Russian law are used. As a result, there is inconsistency in the definition of parts of the branch of civil procedure law and the branch of civil procedure law, in the question of the ratio of sub-branches and parts of civil procedure law, and also the problem of the correlation of parts of the branch with related.

РАЗМЫШЛЕНИЯ О СОСТОЯНИИ СОВРЕМЕННОЙ ГРАЖДАНСКОЙ ПРОЦЕССУАЛЬНОЙ ФОРМЫ

The procedure for any of the types of legal proceedings is strictly regulated by the current federal law. Arbitrary deviations from the established procedural form are not allowed. Civil and arbitration proceedings are no exception. All actions of the court, persons participating in the case, other participants in the proceedings must obey certain rules, deviations from which are inadmissible in a state governed by the rule of law. Unfortunately, in practice, such violations are quite common, which are difficult to explain from the point of view of the law. The author of this article analyzed several examples from judicial practice. Within the framework of civil proceedings, there is a widespread substitution of concepts: instead of the legislatively established preliminary court session, the courts hold so-called «conversations», during which, for some unknown reason, the minutes are not kept. In addition, attention is focused on several specific examples illustrating the violation of the civil procedure form. This cannot indicate stability, confidence that the violated rights and legitimate interests of the subjects will be guaranteed to be protected in the manner prescribed by law. Departure by anybody from the rules established by federal law is unacceptable, entails a violation of the principle of legality – the fundamental principle of all branches of Russian law.

О необходимости унификации норм института лиц, участвующих в деле, в процессуальных отраслях российского права

The article provides a comparative characteristic of the institution of persons participating in the case, three branches of Russian law: civil procedural, arbitration procedural and administrative procedural law. The greatest similarity of institutions is observed in the RF CPC and RF APC. However, neither in the Code of Civil Procedure of the Russian Federation, nor in the Arbitration Procedure Code of the Russian Federation, among the persons participating in the case, the recoverer and the debtor in cases on the issuance of a court order are not named. The content of the norms of the CAS RF, at first glance, allows us to conclude that the decision on the composition of persons participating in the case is quite logical and agreed with the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. However, the analysis of the norms of this institution within the framework of the CAS RF leads to the opposite result: the author considers it incorrect to use the terms “parties”, “plaintiff”, “defendant” in relation to participants in legal proceedings when considering “public cases”. An assessment of the institution of persons participating in the case in cases of administrative offenses is given.

Взаимодействие и соперничество основных принципов экологического законодательства

Environmental legislation consists of natural resource legislation and environmental legislation. They are supplemented by the environmental norms of other branches of Russian law. The Land, Water, Forest Codes, and other federal laws that make up the first part of environmental legislation contain the basic principles of legal support for rational use of natural resources. Federal laws on environmental protection, on environmental expertise, on the protection of atmospheric air, on radiation safety of the population, on specially protected natural territories, which constitute the second part of environmental legislation, provide for the basic principles of legal protection of the environment. The Urban Planning Code of the Russian Federation dialectically combines the principles of rational nature management and environmental protection. Between these principles, based on the requirements of the Constitution of the Russian Federation, there is a relationship in the form of a close relationship and at the same time some competition. It does not mean confrontation, but it is mostly caused by contradictions between the maximum use of natural resources, obtaining economic benefits from them and the legal protection of the natural environment in the interests of present and future generations. The task of comparing the basic principles of environmental legislation is to find an increase in the effectiveness of their concretization, shifting to norms and requirements, reconciling their discrepancies and discrepancies, including by focusing on understanding, combining general and private interests. This is achieved by clarifying the objectives and content of the principles, a combination of administrative and civil law methods of regulation, modernization and unification of terminology.

ПРИНЦИПЫ ПРАВА КАК ОСНОВА МЕЖОТРАСЛЕВОГО ВЗАИМОДЕЙСТВИЯ

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

Развитие представлений о предмете административного права

The article analyzes judgments about the subject of administrative law, their transformation depending on the provisions of the country’s constitutions and the views of scientists on the process of public administration. The article examines modern approaches to the subject of administrative law in connection with the emergence of a constitutional definition of public authority. The author’s definitions of the administrative law general subject, administrative law as a branch of Russian law and as a science are given.

The fate of groundwater: a lawyer’s point of view

The study of the provisions of various branches of Russian law and practice of law enforcement (judicial), which in different ways express the complex legal status of subterranean water bodies. During the study process of the considered question the following general and private methods of scientific cognition of the real and objective reality were applied: dialectical, logical and legal, statistical, system analysis, specific sociological, and professional methods of research. The peculiarity of the authors’ methodology is the use of data of natural science, as well as data of economic or technical properties, based on which legal ideas are developed. The comparative legal method of research is applied. The authors have analyzed, summarized, and synthesized the main approaches to the legal regulation of relations concerning groundwaters. The main provisions and proposals are compared with the domestic legislation and European Union law, its individual members (for example, Croatia). The example of the law of the state of Texas USA is given. Step by step, the legal status for the use and protection of subterranean water bodies has evolved into a qualitatively new phenomenon that absorbs all previous legal approaches and principles.

DEVELOPMENT OF THE IDEA OF A SOCIAL STATE AND INNOVATIONS OF ARTICLE 75.1 OF THE RUSSIAN FEDERATION CONSTITUTION

A new socially oriented article appeared in the Russian Federation Constitution — Art. 75.1. This article is designed to strengthen mutual trust between the state and society, ensure a balance of rights and obligations of a citizen, the implementation of the social partnership principles, and create the necessary conditions for economic, political and social solidarity. This work is devoted to the formulation of these questions. It shows how conditions are created in Russia for the implementation of the Fourth Industrial Revolution principles to create new models of labor and employment, digitalize all aspects of Russian society life, which have a significant impact on economic growth and improving the well-being of citizens. Russia has enormous potential for achieving the goals set in the country’s socio-economic development and solving problems in achieving sustainable economic growth, which must be successfully implemented. This should inevitably lead to an increase in the standard of living of the majority of citizens, to raise the prestige of a working person by creating conditions for decent work, and the implementation of constitutional guarantees in the sphere of social and labor relations. The latest constitutional innovations are just beginning to undergo scientific comprehension. Their doctrinal interpretation and identification of axiological potential can make a significant contribution to the definition of modern legal principles of constitutional, administrative, labor and many other branches of Russian law. This is the main goal of the proposed research based on an interdisciplinary approach and traditional methods of legal phenomena cognition. The author in the proposed work consistently substantiates the conclusions about the consistency of the new norms introduced into the Constitution with a number of principles previously enshrined in it, as well as their timeliness from the point of view of modern changes in the content of social relations in the world of work.