Law-making Activities Research Articles

Presumption of integrity and legitimacy of human actions in the system of principles of the rule of law

Purpose. The aim of the work is to determine the ways of harmonization of doctrinal transformations of the foundations of the rule of law, the formation of a conceptual model of the principle of the presumption of human integrity. Methodology. The methodology includes integrative analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: system-structural, logical-normative, functional analysis. Results. In the process of research, it was recognized as the need to consolidate at the level of constitutional norms the principle of the presumption of integrity and legitimacy of the actions of each person. In view of the consolidation of this principle, the standards of proof in the consideration of litigation should be adjusted. Taking into account the introduction of this doctrinal basis, the ways of exercising the discretionary powers of the court and other legal institutions in the interpretation of law and the implementation of law enforcement are shown. Originality. In the process of research, a doctrinal and conceptual model of the constitutional principle of the presumption of human integrity has been formed. The correlation of this principle with other principles of the rule of law is shown. The place of the presumption of human integrity in the integrative basis of the rule of law and its role in strengthening the guarantees of protection of human rights and freedoms are revealed. Practical significance. The results of the study can be used in law-making activities for further improvement of legislation, as well as in law enforcement activities to improve counteraction to defamation.

The concept of transitional criminal law policy: an invitation to discussion

Purpose. The purpose of the work is to analyze the need to develop the concept of the criminal law policy of the transitional period (until the adoption of the permanent concept), to determine its possible structure and content. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: logical-semantic (to define and deepen the conceptual apparatus "concept"), comparative-legal, and the method of analysis (when analyzing the opinions of Ukrainian and foreign scientists). Results: In the process of research, it was recognized that the concept of criminal law policy should determine the strategy of combating crime by means of criminal law. For the time being, until the Concept of criminal law policy is adopted, which should be based on the Concept of policy in the field of fighting crime, it is worth adopting the Concept of criminal law policy of the transitional period. Another aspect that can be the subject of discussion is the definition of a permanent concept of criminal law policy by the so-called "Constitution" of the Criminal Code, that is, to foresee the possibility of changes to it only in case of compliance with the Concept. Otherwise, changes must first be made to the Concept, and then to the Criminal Code. Originality. In the process of the research, it was established that the concept of the criminal law policy of the transitional period should ensure the stability of legislation in the field of fighting crime, as well as create prerequisites for the adoption of the main concept. A draft of such a Concept is proposed. Its structure and content are provided. Practical significance. The results of the research can be used in law-making activities for the development and adoption of the Concept of criminal law policy and thus ensure the legal certainty and stability of the Criminal Code of Ukraine.

Medical nanorobots in the focus of law

Objective : to form doctrinal bases and mechanics of legal regulation of using medical nanorobots; to conceptualize the idea of nanorobotics law within the frameworks of its basic definitions, safety norms, risks, typology of devices, and legal parameters of technological terminology. Methods : the cognition tools are represented in the form of integration between general scientific and modern special legal methods (including the methods of comparative legal studies, legal modeling and juridical forecasting, NBICS-convergence), which, taken as a whole, allow distinguishing in the study object not only juridical proper, but also anthropological, biomedical, informational, and mechanistic research projections. Results : the author’s definition of the medical nanorobot concept was formulated; the legal content and quasi-legal aspects of the definition that are important for the theoretical and applied development of terminology were investigated; the signs of related concepts (biomedical robot, nanorobotic system, medical nanorobotic system) were identified and logical connections between them were established; the classification of the main types of risks associated with the practical use of medical nanorobots was carried out; the list of theoretical and legal contradictions that are potentially capable of negatively affecting the future development of regulatory practice was revealed; the Russian and foreign experience of legal regulation and doctrinal understanding of the problems of medical nanorobotics (by the examples of the USA, Japan, Europe, China) was considered. Scientific novelty : under the lack of interdisciplinary research, an attempt was made to comprehensively consider the concept of a medical nanorobot in a technological, legal and communicative way (“human robot” on a nanoscale) based on the advanced scientific research that defines the foundations of the future nanorobotic law. It is recommended to supplement the synergetic development of biomedical and related technologies, reflected in the models of robot law and robot ethics, with relatively independent concepts of nanorobot law and nanorobot ethics. Practical significance : based on the analysis of the legal regulation system in force in Russia and abroad, mechanisms for improving domestic legislation were identified, including taking into account the achievements of juridical crowdsourcing. Within the framework of socio-humanitarian issues, a contribution to the development of legal, sociological, and psychological science is formed. A scientific and methodological basis was prepared for further legal research and law-making activities in the field of medical nanorobotics.

Fundamentals of countering threats to the information and communication environment

In the article, the author investigates the basics of countering the threats to the information and communication environment. Currently, the information and communication environment continues to form, which determines the presence of certain threats classified by the author into regulated through socio-cultural mechanisms (information inequality, cyber disorders) or legal mechanisms (the use of destructive information, information warfare, information crime, information terrorism). The development of legal means of countering these threats is becoming a necessary direction of the law-making activity of the Russian Federation today. It is shown that the legal regulation of relations on the Internet is carried out on the basis of the norms of the information legislation of Russia. Part of the legal relations is regulated by the norms of international law, which is related to the global nature of this computer network. The vital activity of a person, society, and the state is likely to be significantly more vulnerable. Today, it is necessary to develop legal means not to counteract, but to counter threats to the information and communication environment. Such legal means should be able to protect the interests of a person, society, and the state as effectively as possible.

Constitutional-legal features of participation of the civil society institutions in independent anti-corruption expertise: main problems and trends of development

Objective : to determine the complex of legal and social-organizational measures aimed at increasing the efficiency of the anticorruption expertise institution. Methods : the main research methods are general scientific methods of cognition: analysis, synthesis, comparison, and the specific legal methods of cognition based on them: formal-legal and comparative-legal. Results : based on the information placed in the official website of the Ministry of Justice of the Russian Federation, a systemic analysis was carried out of the participation of the civil society institutions in independent anticorruption expertise (it was determined that 24.8 % independent anticorruption experts (from physical persons accredited as independent experts) do not possess special legal knowledge). We revealed the main causes of the decrease of “anticorruption activity” of independent experts and formulated the legal and social-organizational measures aimed at developing this institution. The research proposes: a) to complement Federal Law no. 172-FZ with the norms specifying qualification requirements, stipulating examinations when accrediting independent anticorruption experts, and regulating the reimbursement order of rendering services of independent anticorruption expertise in relation to certain drafts of normative-legal acts; b) to regulate in federal laws the provisions on carrying out a mandatory anticorruption expertise in relation to drafts of normative-legal acts in the relevant sphere of legal regulation; c) for the Ministry of Justice of the Russian Federation to develop the order of carrying out examinations before accreditation and a standard ruling to regulate the functioning of the respective regional examination commissions. As a juridical experiment, in a number of regions it is proposed to provide, based on the ranking of independent anticorruption experts, competition procedures for signing non-gratuitous contract on rendering services of independent anticorruption expertise. Scientific novelty : for first time, it is proposed to legislatively define the normative-legal acts, in relation to which a mandatory independent anticorruption expertise must be performed, and to apply competition techniques of involving independent anticorruption experts to carrying out this expertise. Practical significance : the main provisions and conclusions of the article can be used in law-making activity of public authorities for improving the legal regulation of the independent anticorruption expertise institution, as well as in scientific and pedagogical activity when considering the issues related to the participation of civil society institutions in state and municipal governance.

Monitoring of legal regulation of award relations in the Russian regions. Part 1

Objective : to assess the state of legal regulation of award relations in the Russian Federation subjects and to develop measures for its systematization and improvement. Methods : the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state. Results : based on the analysis of more than 500 normative legal acts of the Russian Federation subjects, knowledge about the legal regulation of award relations in the Russian regions was systematized; specificity of the legal regulation related to the formation and application of the system of the highest official (state) regional awards of the Russian subjects was revealed, namely: the lack of uniformity in the establishment of regional awards, their hierarchy and procedures for awarding them, which indicates the need for systematization of regional award law. Assumingly, the systematizing element of award law in the Russian subjects is the adoption by their legislative bodies of complex (basic) laws on awards, which would consistently set out the issues of the regional awards establishment, their hierarchy, types, procedures for recommending and awarding with them, as well as the powers of regional bodies to implement these laws. The territorial scope of the study is limited to the Russian Federation as of September 30, 2022, before the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions, which established their regional awards, became part of it. The time frames of the monitoring study are limited to the period from 1991 to February 10, 2023. Scientific novelty : for the first time in Russian legal science, a monitoring study of the award law of all subjects of the Russian Federation was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions and, if necessary, improving the system of regional awards and other incentives for positive lawful behavior. Practical significance : the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects in improving regional award legislation, establishing official regional awards and systematizing the legal regulation of award relations. The conclusions of the conducted research enable to eliminate contradictions between the norms of award law and the norms of other regulatory legal acts.

Comparison of approaches to the concept of consumer protection

This publication is devoted to the study of the approaches of Russian authors to the definition of consumer protection. The Institute of Consumer Rights Protection has existed for several decades in our country and is the object of research for many specialists of the legal environment. The foundation for this institution was the rights and interests of exclusive economic entities that are part of the user segment. Considering that a widely developed conceptual apparatus is being implemented within the boundaries of this institution, this situation becomes especially important. We believe this is due to the fact that the content of this concept is assumed to be obvious — and this is fundamentally wrong. The concept reflects the essential features of the object, and therefore their incorrect reflection can lead to erroneous law-making activities and legal practice. In the article, the authors primarily separate the concepts of "consumer" and "protection of rights" in order to more deeply consider the structure of legal relations arising between a consumer and a business entity, as well as the internal features of consumer protection measures. It is worth emphasizing that special attention was paid to the definition of these concepts from a legal point of view. In addition, the definitions formulated by domestic authors were considered. The concept of consumer protection formulated by V.M. Kosoborodov stands out in particular. In the final part of the article, the authors focus on the fact that the conceptual apparatus in the business sector is not perfect. In this regard, this study was aimed at developing a more complete definition of consumer protection, since one of the main tasks of the state is the protection of human rights.

Lawmaking in the Republic of Crimea: The Current State and Prospects

The paper examines the issue of the lawmaking development in the Republic of Crimea as a subsystem of lawmaking in the Russian Federation in modern conditions. The author analyzes historical stages of development of the Crimea legislation from the 1991 Referendum to the adoption of the new Constitution of the Republic of Crimea in 2014 and the factors contributing to the effectiveness of lawmaking technologies.Using the methods of synthesis and comparison, as well as the formal legal method, the author identifies two models of development of lawmaking in the constituent entities of the Russian Federation. The author draws attention to the rule-making policy in the regions and determines the role of the RF Constitutional Court decisions in improving regional legislation.From the standpoint of the theory of organization, the author considers lawmaking as a higher stage of development of lawmaking activity and a peculiar form of legal activity. Considerable attention is paid to the study of the concepts of interaction between lawmaking systems of the Republic of Crimea and the Russian Federation.Lawmaking in the constituent entities of the Russian Federation is an integral part of the unified law-forming process of the federal State. The Republic of Crimea, like other constituent entities of Russia, is endowed with lawmaking competence. At the same time, regional lawmaking should be a logical continuation of the federal one with due regard to regional peculiarities. And in no case it can confuse, complicate, contradict, duplicate federal rule-making.

Criminal liability for illegal possession of cryptocurrency in Ukraine

This study investigated the criminal liability for illegal acquisition of cryptocurrency in Ukraine, which is relevant in connection with the considerable spread of cryptocurrencies and cases of their illegal acquisition, as a result of which significant material damage is caused to the victims. Specifically, this is explained by the collapse of cryptocurrency exchanges and hacker attacks on cryptocurrency wallets. The purpose of this study was to investigate what criminal liability is prescribed for illegal possession of cryptocurrency in Ukraine. The study employed a dialectical approach and methods of system and technical and legal analysis, as well as a formal and logical method. Approaches to understanding the term “cryptocurrency” were defined, and its types were specified. The features of the functioning of blockchain technology were covered. This paper analysed the legal regulation of virtual assets in Ukraine, their relationship with cryptocurrency. It is noted that at its core, cryptocurrency is not a virtual asset and that it is advisable to consider it an electronic asset based on the blockchain – a decentralized public register of all cryptocurrency transactions conducted on the network. Shortcomings in the legal regulation of cryptocurrencies in Ukraine were highlighted, specifically, it was noted that the signs of virtual assets do not fully coincide with the signs of cryptocurrencies. The most common ways of illegal possession of cryptocurrency were specified, and problematic issues of bringing individuals who have come into illegal possession of cryptocurrency to criminal responsibility were outlined. This paper substantiated the impossibility of bringing individuals who have come into illegal possession of cryptocurrency to criminal responsibility in Ukraine, considering the principle of legal certainty and avoiding analogy in criminal law. The necessity of criminalizing illegal possession of cryptocurrency was proved. Practical recommendations on making appropriate amendments to the Criminal Code of Ukraine were formulated. The theoretical value of this study lies in the formation of an approach to the need to criminalize the illegal possession of cryptocurrencies, and its results can be used in law-making activities.

The Problem of Defining a Cyber Attack

The author discusses problematic aspects in terms of developing a definition of a cyber attack. It is noted that such illegal actions capable of disabling nuclear centrifuges, air defense systems and electrical networks, etc., undoubtedly pose a serious threat to national security. In fact, in their destructive power, cyber attacks are approaching armed action. There are no treaties or other normative documents in international law that can regulate international cooperation in the prevention and limitation of cyber attacks. A new comprehensive legal framework, both at the domestic and international levels, is needed to counter cyberattacks more effectively. The importance of using theoretical and legal developments in the field of information security in law-making activities is fixed. International efforts to regulate cyberattacks should begin with an agreement on the definition of cyberattack, cybercrime and cyberwarfare. This would lay the foundation for expanding international cooperation in the field of information exchange, evidence collection and criminal prosecution of persons involved in cyber attacks, and more importantly, for a new international legal act on cyber attacks. The author presents some recommendations for further improvement of legal measures to counteract epistemological wars.

Административное и судебное усмотрение в российской науке: проблемы соотношения

The article compares the views of Russian scholars on the problem of correlation between administrative and judicial discretion. The authors describe academic approaches to such issues as the scope of discretionary powers belonging to the executive and judicial authorities, types (spheres) of legal activity, within which administrative and judicial discretion, as well as administrative and judicial arbitrariness are implemented. Based on the positions of Russian researchers the authors offer their own vision of the concept of "scope of discretion" - in narrow and broad sense. In the narrow sense, this concept refers to the limits of discretion (boundaries of discretion), and in the broad sense - to the totality of discretionary powers exercised by the subjects of discretion. Thus, in a narrow sense, the term 'discretionary powers' covers qualitative (vertical) parameters of discretion, and in a broad sense, quantitative (horizontal) parameters. Further it is shown that in domestic legal science there are two approaches to the scope of discretionary powers belonging to administrative and judicial authorities. The first approach is that the discretion of executive power bodies has a smaller volume in comparison to that of judicial power bodies. The second is that the discretion of the executive is greater than that of the judiciary. It is argued that a comparison between the scope of discretion vested in the executive and the judiciary based solely on a narrow interpretation of the concept will necessarily pose a problem for the conceptual and categorical apparatus. If a broad interpretation is used, it becomes clear that in qualitative terms judicial discretion is many times greater than administrative discretion and in quantitative terms it is radically inferior. The authors then ask the question: within what types (spheres) of legal activity are administrative and judicial discretion exercised? There are several main answers to this question in Russian legal science. Some researchers believe that administrative and judicial discretion are implemented solely as a law enforcement activity; others believe that administrative discretion is a law enforcement activity, and judicial discretion can be both a law enforcement and law making activity; others believe that judicial discretion, as opposed to administrative discretion, is implemented solely in the process of law enforcement. The authors of this article show that the answer to the question of legal discretion is determined by the problem of the scope of discretion. If we argue that administrative and judicial discretion are equally exercised in law enforcement and/or law-making activities, this means that their scope (in qualitative terms) is identical. Meanwhile, as discussed above, the court should always have greater discretionary "powers" than the administration. Any concept that violates this inequality is therefore wrong. As for the other positions, they may or may not be accurate, but they are not wrong. Then the authors turn to the phenomena of administrative and judicial arbitrariness, reasoning that arbitrariness is to be understood as the act of a person vested with state power, either beyond his discretion or beyond the scope of the legal activity in which that discretion is used. In conclusion the authors emphasise that contemporary domestic studies devoted to comparative legal aspects of such categories as administrative and judicial discretion have certain shortcomings which prevent a full scientific understanding of these categories. The authors declare no conflicts of interests.

Environmental Protection Law-Making: General Characteristics and Main Development Trends

Environmental protection law-making is a dynamically developing type of sectoral law-making at the national level, which plays a significant role in the process of cognition and legal transformation of interaction between society and nature. It reflects the changing natural and related social, economic and other legally significant realities of the life of Russian society, on the one hand, fixing the achieved level of development of social relationships in the environmental sphere, and on the other — stimulating their modernization in the conditions of solving the problems of transition to sustainable development. Research objectives: to consider the current state of law-making activity in the field of environmental protection in Russia; to identify the main problems of environmental protection law-making at the national level; to show the trends of environmental protection law-making in our country. Research methods: formal-legal, system-structural, methods of legal modeling and intersectoral analysis. Conclusions: 1) the state of legal regulation of environmental protection in modern Russia cannot be considered impeccable, and the quality of law-making activity is high; 2) the key factors constraining the effectiveness of environmental protection law-making are: lack of social consensus on the ratio of environmental and other socially significant interests protected by law; dynamism and low potential for environmental self-regulation; inconsistency in the implementation of state environmental policy; weak scientific security of environmental protection law-making activities; ecological and legal nihilism; 3) the main issue of environmental protection law-making is the choice of an appropriate measure of legal regulation in order to establish environmental law and order and the method of its legal consolidation; 4) the content of the key trends of environmental protection law-making in Russia the principles of environmental protection and environmental goals of sustainable development are predetermined for many decades to come; 5) one of the most stable modern trends in environmental protection lawmaking is the greening of legislation and differentiation of mandatory requirements.

The significance of the introduction of digitalization in the agro-industrial complex for the economy of the Russian Federation and regulatory legal acts regulating this activity

The article discusses the process of digitalization in different industries. In particular, what is the digitalization of the agro-industrial complex and the advantages of introducing innovative technologies into agricultural activities. We also studied the factors that slow down the introduction of “figures” into domestic production and the possibility of overcoming them as soon as possible. An analysis of the legal regulations of the digital economy was carried out, which gave us an understanding of the shortcomings of legislative and law-making activities.

The Russian Income Tax Against the Background of the Sociopolitical Events of 1917–1920s

The introduction of income tax in Russia has a long history, but not all stages of this process have been covered in scholarly publications. Due to the low efficiency of the tax institutions of the post-revolutionary governments, their law-making activities and attempts to collect income tax in 1917–1921 remain under-researched. What little the Soviet and White governments had in common was their willingness to base their fiscal practices on the imperial legislation. The practice of application revealed differences. The Bolsheviks consistently developed the existing framework, trying to find forms of tax collection appropriate to the country’s situation despite a long phase of failure in their attempts. Not only the central authorities, but also the county councils and congresses were given greater freedom in rulemaking. In contrast to this experience, the opponents of the Soviet power, didn’t work out the contours of the emergency financial system. The decrees and orders of the White governments were only created to respond to inflationary processes. The construction of the peacetime tax system continued under the extraordinary conditions of economic crisis and famine. The Soviet government and the People’s Commissariat of Finance did not abandon the idea of the income tax, considering its presence a sign of maturity of the tax system and the guarantee of stability of revenue receipts in the budget. At the stage of the class struggle in the economic sphere in the 1920s, it was used as a tool to restrain the growth of bourgeois elements in trade and production. The introduction of this type of tax in the agricultural collective sector lasted for decades. Sporadic attempts to use it in the 1920s were unsuccessful. It was not until 1992 that it took the form of a personal income tax.

Некоторые проблемы терминологической неопределенности в правовом регулировании страхования на случай пожара

The formulation of the problem is due to the priority of the state’s tasks in the field of fire safety and the need in this regard for the development of legal regulation of fire insurance, which in turn focuses on the development of regulatory legal acts regulating public relations in the field of fire insurance. Law-making activity is inextricably linked with the application of legal and technical rules, with the development of precise terms. There are some problems of terminological uncertainty in the legal regulation of fire insurance. The purpose of work is to analyze the legal and technical characteristics of the term “fire insurance” used in legal acts, to determine the degree of its compliance with the requirements of terminological accuracy. The research is aimed at solving problems related to terminological uncertainty in the legal regulation of fire insurance. The subject of the study includes regulatory legal acts, court decisions, insurance rules, scientific texts using terms related to fire insurance in their content. The methodological basis is made up of general scientific methods. The method of dialectics, system-structural, formal-legal, comparative and other methods are used. The general theoretical views on concepts, terms, definitions are investigated. The lexical properties of the accuracy of the term “fire insurance” are considered. The discrepancy between the semantic content of the term “fire insurance” and its purpose has been revealed. The use of the term “fire insurance” is proposed and an attempt is made to define the concept corresponding to this term by the author. The conclusion is made about the possibility of using the term “fire insurance” in legal texts.

Improving the quality and efficiency of lawmaking against the backdrop of modern social transformations

In the modern era, social transformations contribute to the dynamic development of basic legal frameworks governing public relations. Consequently, the lawmaking process is facing a certain crisis due to the rising legislative inflation and a gap between the pace of social change and lawmaking mechanisms. In these circumstances, improving lawmaking activities should be based on doctrinal developments, including those concerning lawmaking quality and efficiency. The article uses constructivism methodology to illustrate the inextricable connection between the legal process and law enforcement, which is seen as the first stage in the process of shaping the legal reality. The authors analyze how domestic legal thinking has evolved in relation to the efficiency and quality of lawmaking. A list of the criteria and parameters proved by Soviet and post-Soviet scientists was compiled. It is shown that lawmaking activity efficiency and quality are dialectically related. It is justified to consider the social determinants that affect lawmaking efficiency. Accordingly, it is concluded that the efficiency of legal norms should be measured by what impact their application has had on society, in what extent they have met the goals of social management at the given stage of social development. The authors propose three levels of measuring the efficiency of legal norms in modern society: formal-legal, axiological and general social. The value of legal monitoring is highlighted in assessing the quality of lawmaking and determining the extent to which legal norms are efficient.

Право на забвение: этико-полити­ческие аспекты

Modernity is marked by the advent of technologies capable of storing data almost indefi­nitely. On the other hand, the data collection takes place without the conscious permission of the users. The storage and collection of personal data is a potential problem, since the digital footprint of a person on the Internet has an impact on the social and political rep­resentation of the individual, its perception by other actors. Compromising the content of a digital footprint can expose information that is not intended for others. There is cur­rently an increasing trend of misuse of stored data, both by criminals and by companies that use the data for sale or surveillance. The need to control how data is collected, stored and used leads to the emergence in the academic literature and the legal field of the “right to be forgotten”, which allows a person to actively moderate the process of collecting and storing data, to participate in determining the circle of those to whom they can be accessed, and delete personal data. The adoption of such a right not only allows the state to influence the collection and storage of data, regulating interactions through law-making activities, but also to realize the potential of an autonomous individual. The prospect of legislating the right to be forgotten has sparked debate in the academic and professional community about the destruction of the free marketplace of ideas and the imposition of political censor­ship on the Internet. The article deals with the philosophical, ethical and political founda­tions of the right to be forgotten. The article substantiates the conclusion that the right to be forgotten has a positive heuristic potential, but at the same time it has conceptual flaws, and is also not able to completely correct the current situation of data processing. However, the implementation of the right to be forgotten in the future can have a beneficial effect on the current situation in the field of collection and storage of personal data.

General principles of law in the regulation of space activities

The formation of the contractual framework of international space law stopped around the beginning of the 1980s. Now a paradox has been created: the active involvement of individuals and legal entities in space activities is outside the scope of international law, and these persons are guided mainly by the national legislation of their States, so many contradictions and gaps are created. In this regard, interest is revived in such a legal category as the general principles of law, indicated as one of the sources of International Law in paragraph 3 of article 38 of the Statute of the International Court of Justice. The UN Committee on Outer Space, in which all law-making activities in this industry are concentrated, has been engaged in a thorough collection and analysis of national legislation for more than 10 years. In fact, this is an activity for the search and selection of general principles of law. Thus, the general principles of law become an element of the development of International Space Law.

Аксиологические аспекты нормоконтроля законодательства субъектов Российской Федерации

The significance of normative control of the of the constituent entities of the Russian Federation legislation is analyzed. The content of normative control is determined. The special attention is paid to the question about the perception of normative control in the narrow and broad sense, as the activity of the judiciary, or as the activity of not only the courts, but also other entities involved in the process of identifying and eliminating legal defects in the framework of normative activities. Six aspects of the value of the Russian Federation constituent entities legislation have been identified. The value of normative control is manifested in the normative control of the Russian Federation constituent entities legislation being one of the tools for ensuring legal and constitutional-legal unity of the Russian Federation, as well as legitimacy. Normative control is considered as the element of law-making activity, without which law-making fails to have a complete, integral state. Normative control is the institution for ensuring the protection of individual and collective rights and freedoms of a person and a citizen, becoming in this case one of the key tools for establishing a democracy regime for which ensuring the rights and freedoms of a person and a citizen is the highest value. Normative control is considered as the element of the separation of powers system without instruments, without which state authorities (both legislative and representative) will not have all the necessary arsenal to perform their activities and ensure the balance of rights of the individual branches of government. Normative control is presented as the mechanism for improving the quality of legislation, both by eliminating defects at the stage of law-making, and in the context of the acceptable improvement in the course of normative control of normative material. Finally, normative control is the institution that ensures the prevention and resolution of a legal conflict in the system of state power. The conclusion is made about the multidimensionality of the value of regional normative control and its importance for the regional legislation development.

Некоторые вопросы содержания правовой культуры

The presented article studies the essence and content of the legal culture of modern society. The purpose of this article is a holistic analysis of the concept and content of the phenomenon of legal culture. When writing a scientific work, various methods of scientific analysis were used: synthesis, analysis, comparative analysis, dialectical approach, search and selection of facts. The article provides a typology of legal culture on the basis of its specificity and form of implementation, defines the functions of legal culture. All practical recommendations and conclusions can be used both in the educational process and in the design of state programs, concepts, normative sources. At the end of the article, it was concluded that the formation of a legal culture is a long and complex process that depends on the level of legal awareness of citizens, legal literacy and the quality of law-making activities.