Legislative Innovations Research Articles

De feriis in Roman-Canonical Legal Tradition

Throughout history, the legal regulation of holidays has been the product of human needs for rest and entertainment, religious beliefs, and pragmatic economic imperatives dictating the optimal use of time to produce goods. The first part of the article examines the significance of the division between dies fasti and dies nefasti and explores the categorisation of holidays in the Roman pagan era and their legal implications. The author then looks at the origins of Sunday as a day of rest and considers Theodosius’ reform of the Roman calendar. This reform established the liturgical year in the emerging Christian state, and enduringly shaped the calendar of most European countries. The third part considers the attitude of the late Roman state towards Jewish and pagan festivals, and the innovations in medieval ecclesiastical legislation concerning holidays. The final section of the paper reflects on the role of tradition in the state’s recognition of religious festivals as public holidays.

Social conditionality and legal problems of penitentiary prevention

The execution of criminal penalties in the form of imprisonment traditionally belongs to the most problematic form of social activity. The main issue to be resolved is the effectiveness of isolating a criminal from society in order to change his legal consciousness. For this purpose, in conditions of closed social education, penitentiary prevention is applied to convicts, designed to realize the goals of punishment stated by the legislator. The authors of the article raise a logical question: how much does the modern system of execution of punishment in the form of imprisonment correspond to those social goals that are most in demand in society. Two independent problems are manifested here: the first is directly related to the social demand for the return of a law-abiding person after serving his sentence, and the second is related to the problem of legislative regulation of the entire process of execution of criminal punishment in the form of imprisonment. The main methodological issue, according to the authors of the article, is the change in the nature of the application of specialized penitentiary practices. To date, they continue to retain the law enforcement component, which significantly reduces its social conditionality, increasing the recidivism of punishment in the form of imprisonment. The authors propose, through penitentiary prevention, to change the nature of the activities of the domestic penal enforcement system from law enforcement to social. In part, this approach can be traced in the context of recent legislative innovations that have established the priority of social activity over law enforcement. The social conditionality of penitentiary prevention should be understood from the standpoint of the social significance of the process of execution of criminal punishment in the form of deprivation of liberty. This is necessary to understand the expediency of isolating a criminal from society.

INFLUENCE OF POLITICAL AND LEGISLATIVE INNOVATIONS OF THE XX-XXI CENTURIES ON RELIGIOUS VIEWS OF SOCIETY: EXPERIENCE OF CROSS-NATIONAL RESEARCH

In this publication the author, using a systemic-structural approach, methods of analysis and synthesis, methods of political-comparative analysis (cross-national and cross-temporal analysis), as well as logical, doctrinal and analytical interpretation of legal norms, makes an attempt to identify and disclose political and legislative innovations of the XX-XXI centuries and establishing the impact of such innovations on religious ideas of society. The political and legal features of atheistic and godless states are revealed, secular states of a democratic plan are characterized, an appeal is made to the historical experience and modern functioning of theocracies and religious states, the principles of freedom of conscience and freedom of religion in Russian and international law are outlined, and problematic aspects of the relationship between religion and extremism are highlighted. It is established that atheistic and godless states in their fight against religion use the same techniques, methods and ways, but the difference is that atheistic states provide themselves with legitimation as public entities that prohibit religion at the constitutional level, while the godless states carry out identical activities without a legal basis. It turns out that secular states of the liberal-democratic plan are the embodiment of the principle of non-interference of religious institutions in public policy, known back in the Middle Ages, and at the same time create a legal and factual basis for secularized societies, which in many ways are far from unshakable religious postulates. It is determined that the domestic legal system fully recognizes those interpretations of freedom of conscience and freedom of religion that are present in international law. It also reveals three lines of anti-extremist activity in the religious sphere in Russia: presumptive, preventive and prohibitive.

Местное сообщество как институт гражданского общества и субъект местного самоуправления: публично-правовые аспекты

In the light of recent constitutional and legislative innovations regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court regarding the recognition of the local community as a subject and source of local self-government, the concept and content of the legal definition of “local community” as a category are analyzed the sciences of municipal law and the legal institute of the eponymous branch of law. In order to clarify the concept of a local community as a subject of local self-government and formulate proposals for its legal regulation in the current legislation, the main elements (institutions) that make up its structure are highlighted, as well as the forms of interaction of the local community with local self-government bodies.

Reforming Education in Ukraine Through the Introduction of STEM Technologies and Artificial Intelligence

The relevance of the article is that in today’s world of changes, there is a realization that in all spheres of public life, the achievements of science and culture, the new needs in the modernization of the education system of Ukraine. One of the possible ways of further development of this sphere is not only education reforms, but also innovations, i.e. controlled processes of emergence, perception, evaluation, development and application of innovations. The purpose of the article is to identify legislative innovations in the reform of education in Ukraine, innovative types of educational institutions in accordance with the reform, defining the essence of education reforms and innovations and features of the reform of the system of university education. It is possible to distinguish between reforms at the national and interagency (i.e., only within the education system) level, but any interstate reform is always coordinated with the highest state leadership and is accompanied by reforms in other spheres. Legislative innovations in reforming education in Ukraine are also introduced through pedagogical innovations - those innovations that are developed and implemented by state agencies and organizations of education and science. The article identifies innovative types of educational institutions in Ukraine in accordance with the reform, the innovative processes in the education system are studied; the essence of education reforms and innovations and peculiarities of the reform of the basic and university education system of Ukraine are defined.

Integration of European legislative practices in risk management and solvency in the domestic insurance industry

The insurance industry of Ukraine is on the verge of significant changes associated with the integration processes into the European legal framework. It has been identified that the adaptation of domestic insurance legislation to EU Directives requires insurers to form solvency capital, taking into account the minimum capital requirements, and implement a risk-oriented approach in managing their activities. It is noted that there is a need for a gradual implementation of the legislative norms of the European Union presented in the Solvency II Directive into the domestic legislation. This is because the Ukrainian insurance sector is in a turbulent state, primarily associated with military risks, and the key uncertainty currently lies in the liabilities of insurers. The paper employs methods such as analysis, comparison, logical inference formation, and generalization based on the materials of studies by domestic and foreign scholars, as well as legislative norms. These methods are used to investigate the main legislative requirements for risk and capital management in insurance companies. Differences in the sizes of the minimum required capital for domestic and foreign companies are identified, and recommendations are provided to reduce the review periods of its absolute regulatory values defined by Ukrainian legislation, taking into account new risks. The necessity of gradually introducing European legislative innovations is substantiated, considering the peculiarities of the domestic insurance market. This is because the provisions of the Solvency II Directive impose heightened requirements on the capitalization of insurers to cover risks. A conclusion is drawn that the implementation of a risk-oriented approach will not only allow for a prompt response to identified risks but also ensure commitments to clients and enhance the financial stability of insurance companies in Ukraine. The transformation of Ukrainian insurance legislation into the European legislative field provides many positive aspects for domestic insurers to conduct their activities on an efficient, risk-free, fair and stable insurance market.

Organization of employment of minors in the context of the new Employment Law

Based on the analysis of state programs and legislative innovations related to the regulation of public relations related to employment, it is concluded that in relation to minors, the state, taking into account international standards, continues to implement an approach to providing conditions for this category of citizens to receive general and vocational education (including labor education), considering labor activity (paid work) as a secondary (additional) option for their pastime with the establishment of restrictions on certain types of work and preferential working conditions. With regard to minors, both the previous and the current employment law mainly provides (for persons from 14 to 18 years old) for the organization of temporary employment in their free time, at the same time, allowing persons over the age of 16 to obtain the status of unemployed, entailing the establishment of an elevated status in matters of providing employment.

National Identity and Foreign Borrowing in the Legal Forms of Personnel Management: History and Modernity

Relevance. The introduction of special rules for the use of foreign vocabulary in the texts of public acts, improving the form of a business letter, modifying the structure of documents in accordance with the powers of public authorities are trends in the current and past Russian administration experience. Both in the modern and historical and legal context of scientific research, it is relevant to consider state approaches in the field of regulating official paperwork, which are aimed at forming a stable management model in accordance with domestic national interests and values. The purpose of the study is to establish the relationship between elements of national identity and foreign models in the state personnel practice of document flow in Russia in the 18th century, which is useful for taking into account this experience in modern transformations of the foundations of legal and business writing.Objective: are to consider legislative innovations in terms of regulating the field of record keeping and personnel management; to identify forms of record keeping in the XVIII century and socio-political factors influencing their application; a retrospective assessment of the methodology for drafting texts of government acts.Methodology. The methodology is based on comparative legal, comparative historical, historical legal and systemic research methods.The results of the study indicate the improvement of grammatical, stylistic, translation and other business skills and competencies of personnel of public authorities. A historical and legal analysis of the directions of development of personnel management revealed an active borrowing of foreign vocabulary in the execution of administrative acts. The clerical mechanism of interdepartmental communication gradually became more complicated, and the procedure for receiving and responding to petitions from private individuals was regulated. Conclusion. The experience of forming the Russian management and personnel practice of paperwork, developing in conditions of value crises and political contradictions, is important for taking into account the political and legal measures carried out in the modern state.

Foreign experience in organizing the activities of investigative bodies according to the three-tier model of criminal justice

Relevance. The relevance of the study was the need to develop theoretical ideas about the three-tier model of criminal justice in the Republic of Kazakhstan, taking into account legislative innovations from 2021 and the implementation of foreign experience in this area. Purpose. The purpose of the study was to study the features of the activities of the investigative bodies according to the three-tier model of criminal justice in the Republic of Kazakhstan and other countries (Germany, France, Italy). Methodology. The article used methods of statistical analysis, analogy and generalization, as well as comparative legal, formal legal and formal logical approaches. Results. The study revealed the features of the legal regulation of the three-tier model of criminal proceedings under the laws of the Republic of Kazakhstan and other countries. It was stated that each country, when regulating, proceeded from its national interests. It is stated that the three-tier model includes the investigative, judicial and prosecutorial links, each of which performs certain functions and has its own powers in the framework of the criminal process. Conclusions. The paper analyses the features and principles of functioning of each link � investigative, judicial and prosecutorial, and their relationship within the framework of the criminal process. The findings will help to better understand the organization of criminal proceedings in the Republic of Kazakhstan and may be useful for the development and improvement of the country�s criminal law system. Keywords: prosecutor; court; investigator; interaction; Criminal procedure Code

Legislative Innovations in Pre-trial Investigation and Judicial Examination of Criminal Cases

The article is dedicated to the analysis and assessment of legislative innovations introduced into the procedures of pre-trial investigation and judicial examination of criminal cases. A comprehensive analysis of the regulatory framework governing this area is conducted, taking into account recent changes and amendments.
 The article discusses key changes aimed at enhancing the efficiency of pre-trial investigation and judicial examination of criminal cases, as well as safeguarding the rights and legitimate interests of participants in the criminal process. Special attention is given to innovations designed to expedite case proceedings, ensuring, transparency and justice in the administration of justice.
 Within the scope of the conducted research, prospects for implementing the aforementioned legislative novelties into the practice of investigation and adjudication of criminal cases are identified. The authors provide well-founded recommendations for further potential directions in refining legislation in this area to enhance the efficiency and fairness of criminal justice.
 The article aims to determine optimal strategies and practical measures to support the integration of positive changes into the judicial system, particularly by incentivizing ethical conduct among pre-trial investigation bodies and the prosecution.
 The conclusions of the article not only help identify shortcomings in legislation but also offer constructive recommendations for overcoming challenges in the field of justice, contributing to the development of legislation for the effective protection of citizens’ rights in contemporary conditions.
 This article serves as a significant contribution to understanding and discussing the impact of innovations on the criminal process, and it may be valuable for practicing lawyers, researchers, and legislators interested in the field of criminal law and procedure.

Сделки с участием супругов: состояние и перспективы

The article analyzes legislative innovations aimed at regulating transactions involving spouses, identifies the advantages and disadvantages of the regime of their common joint property, and identifies the main difficulties that arise in practice in connection with the application of the relevant rules It has been proven that the essential influence of the legal status of participants in transactions is manifested at all stages of property relations, which presupposes compliance with special requirements aimed at ensuring the protection of their property rights as a result of transactions they conclude regarding their common property.

Взаимодействие избирательных комиссий с иными органами публичной власти: новеллы законодательства

A number of changes made to Russian electoral legislation since 2020 have been studied, significantly changing the procedure for interaction of election commissions with other public authorities both during election campaigns and in the inter-election period. It has been established that the corresponding connections are of a complex nature and are manifested in various forms, the number of which increases as new electoral and legal reforms are implemented. It is noted that trends in the legal regulation of this area of relations are contradictory. Attention is focused on strengthening and complicating the connections of election commissions with executive bodies of state power while simultaneously removing local governments from participation in the electoral process as independent eligible subjects while maintaining their organizational and technical responsibilities. It has been established that the system of election commissions is becoming more isolated and increasingly acquiring the features of a hierarchical structure, in which the leading role belongs to the Central Election Commission of the Russian Federation. A significant increase in recent years has been revealed in the volume of rule-making powers of the Russian Central Election Commission in the field of by-law regulation of relations in the preparation and conduct of elections, as well as the expansion of atypical functions of election commissions, especially manifested in conditions of emergency legal regimes. It is concluded that in the considered legislative innovations there is a single purposeful logic of the federal legislator, the implementation of which will most likely continue in the coming years. It is recommended to ensure that a balance is maintained in the relations of public authorities when carrying out further reforms of the electoral legislation.

"Bricolage" as Comparative Research Method For Critical Legislative Innovation

"Bricolage" as Comparative Research Method For Critical Legislative Innovation

Legal specifics in commercialization of big data technology

The article examines legal issues arising in the commercialization of big data technology. “Big data” combines digital and artificial intelligence information technologies that facilitate database processing. It is impossible to define a unified approach to the legal support in the commercialization of big data, which is already in use and involved in civil turnover, due to the lack of consensus regarding the meaning of “big data”. It is important to note that to commercialize the technology, big data must be recognized as a civil rights object. Therefore, it is recommended to distinguish the parts of big data technology that qualify as intellectual property objects from one another. The article outlines the primary categories of civil law agreements that permit the commercialization of big data technologies through transferring rights to their parts. When analyzing the various types of civil law contracts, we can find some questions about the qualification of a Software as a Service (SaaS) contract. Expanding the list of intellectual property objects to include a new object of related rights in the form of a data set is the only legislative innovation required to ensure big data technology’s participation in civil turnover and commercialization.

IMPOSING A SENTENCE IN CASE OF CUMULATIVE CRIMES

Following the principles laid in foundation of Criminal Code adopted in 1960 Georgian legal scholars have always been very cautious to issues of criminal punishment. Remembering bloody consequences of soviet repressions, they always tried to follow the principle of proportionality. So did the legislature. Criminal Code of Georgia adopted in 1999 was largely based on that principle. Yet, in 2004 Georgian Parliament declared policy of zero tolerance which led to number of legislative innovations. Rules on imposing a sentence in case of cumulative crimes were substantially affected. Despite high expectations in just eight years it became apparent that something went wrong. In 2012 newly elected Parliament faced a necessity to declare a significant amnesty for vast number of prisoners and rethink the policy overall. Present article attempts to analyze these legislative tendencies through the prism of theories of goals of punishment. Author argues that above mentioned issues were mostly consequence of superficial approach to the subject. The chase for statistics made government less mindful towards fundamental categories of criminal punishment. Namely, the goal of restoration of justice was almost entirely sacrificed for the sake of general prevention while special prevention was to a great extent misinterpreted as well. In 2013, thanks to further legislative innovations, general radicalism was largely overcome, but there is still much room for improvement.

О нормативном закреплении принципа ресоциализации в уголовно-исполнительном законодательстве

Introduction. The defining role for the penal enforcement legislation of the Russian Federation is played by the principles that make it possible to establish the vector of the main directions of penitentiary policy and to subordinate the social relations arising in this area to uniform principles. Despite its high doctrinal and practical significance, the system of principles established in Article 8 of the Criminal Punishment Code of the Russian Federation, does not agree with modern legislative innovations and trends in the practice of execution of criminal penalties. The above dictates the need to revise and optimize the principles which are specific to this field.
 Methods. The article is based on a set of general scientific and private scientific research methods, among which the most widely used dialectical, logical, statistical, comparative legal formal legal methods.
 Results. Based on the study of modern trends in the development of legislation and practice of the execution of criminal penalties, the author comes to the conclusion that it is necessary to supplement the list of principles of penal enforcement legislation with the principle of resocialization.

EXPLORATION AND EXPLOITATION OF OIL AND GAS RESOURCES IN MARINE AREAS: DEVELOPMENT OF RUSSIAN LEGISLATION IN THE LIGHT OF CHANGES IN GLOBAL POLITICS

Legal regulation of exploration and exploitation of oil and gas resources in marine areas, which are subject to the sovereignty, sovereign rights and jurisdiction of the Russian Federation, is of great practical importance for our country, Russian legal entities and individuals. This is confirmed by the Strategy for the Development of Maritime Activities in the Russian Federation until 2030, the Energy Strategy of the Russian Federation for the period until 2035 and the Maritime Doctrine of the Russian Federation, which were adopted in 2019 - 2022. These issues are no less important for foreign entities in connection with their participation in oil and gas marine projects in these territories.The scientific significance of the study is related to the development of International Energy Law, a significant amount of the rules of which are applicable to oil and gas activities in marine areas. The purpose of the study is to comprehensively analyze the development of legal norms of the Russian Federation governing the exploration and exploitation of oil and gas resources in marine areas, which are subject to the sovereignty, sovereign rights and jurisdiction of the Russian Federation, in the period 2014 - 2023, as well as identifying trends in their development in connection with measures taken by unfriendly states against Russia, Russian legal entities and individuals. The objectives of the study include identifying and analyzing trends in the development of legislation of the Russian Federation governing the exploration, exploitation and transportation of oil and gas resources in the specified marine areas, the interconnection of legislative innovations with changes in world politics and international legal problems that arose during this period.The methodological basis of the study is comparative legal and formal legal. The article identifies and analyzes certain trends in the development of legislation of the Russian Federation related to the restriction of the rights of foreign entities in the implementation of subsoil use in offshore subsoil areas of federal significance, the regulation of artificial islands, installations and structures, as well as support for the Russian flag and the domestic manufacturer of sea vessels within the framework of oil and gas activities in the specified marine areas. The author concludes that it is necessary to take timely legislative measures and an integrated approach to the legislative regulation of the issues under consideration.

Агропромышленный комплекс России и Волгоградской области: особенности импортозамещения в условиях санкционного давления

The priority areas of import substitution in the agro-industrial complex and their prospects in the conditions of sanctions pressure, acting as a strategic factor in the development of the Russian economy, require extraordinary decisions from it. The purpose of this article is to consider the features of the implementation of import substitution in the agro-industrial complex in the country and the Volgograd region. The modern realities of economic development under sanctions are actively restructuring the activities of agricultural enterprises to comply with new rules. The current situation in the country is considered by representatives of agribusiness and the state not as a period of crisis, but, on the contrary, as a prospect for increasing their capabilities: the range of their own products is expanding, new customers are being attracted, the domestic market is aimed at providing high-quality goods of domestic production. In recent years, there has been an increase in production capacity in the agro-industrial complex; the results of the import substitution process are characterized by positive dynamics. Thus, the production complex for drying vegetables in the Volgograd region is a successful example of the implementation of the import substitution policy and proves the region’s potential in this area. The region has sufficient resources for long-term agricultural development. Timely measures taken to support the industry stabilized the situation in conditions of geopolitical tension, which allows us to assert the status of the region as one of the flagships of the Russian agro-industrial complex. The significant scale of involvement of the Russian economy in the global world does not allow the country to completely avoid import substitution. There is no urgent need and possibility of producing all goods; The question is raised about creating our own technologies, goods and services, which are critically important for the country and could become competitive. Therefore, in the near future, it is necessary to strengthen the role of the state from the position of searching for new high-quality partners, adopting appropriate legislative innovations that ensure sovereignty in this area, and increasing the financial component of support for farmers.

Особенности правового развития обязательственных правоотношений в современной России

Relevance of research. The editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma”, entitled “The Evolution of Some Types of Debt Relationships in the Russian Federation”. The prepared issue deals with the implementation of certain provisions of the law of obligations after the 2015 reform. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty of the conducted comprehensive legal research reflected in the heading “The feature topic of the issue” is based on the results obtained by the authors of the scientific papers that have touched on the specifics of the content of certain types of obligations. Many of the most controversial issues related to both traditional and modernized legal regulation are also analyzed. The methodological framework for intersectoral legal research is traditionally made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition is the method of historical materialism, as well as the general logical methods of analysis, synthesis, induction, and deduction. The special and private methods are presented in the scientific papers under the heading mainly formal legal and comparative legal methods. Results. It is revealed that some provisions of the law of obligations that are subject to modernization have generated theoretical discussions and some difficulties. This topic is relevant for scientific papers presented in the key heading of the journal. Conclusions. Taking into account the opinion of specialized professionals as well as the analysis of the legislative innovations, the conclusion is substantiated that the main purpose of the mandatory legal reform is to streamline and clarify the provisions of the Civil Code of the Russian Federation. This statement is explained by the lag of the legislation from objective legal reality and the development of judicial practice, during the formation of which numerous attempts were made to fill the legal gaps and level out emerging problems. It is established that many controversial issues related to the reform of the law of obligations and the modernization of the special legislation that regulates certain types of debt relationships have been covered within the framework of the feature topic of the prepared issue of the journal “Legal Concept = Pravovaya Paradigma” – “The Evolution of Some Types of Debt Relationships in the Russian Federation”.

Higher Education System Reform in Russia: Problems of Legislative Regulation and Standardization

The paper is devoted to the problems of reforming the system of Russian higher education in the context of its legislative regulation and standardization. The author proceeds from the fact that the absence of its own independent concept of education in the context of the aggravation of the geopolitical situation and withdrawal from the Bologna process is one of the main threats to Russia’s national security. The author attempts to objectively assess the current state of legal regulation in the field of higher education. To this end, the paper characterizes the changes in the parameters of standardization in the field of education in the context of domestic reforms carried out in recent years and due to the entry into the Bologna process. The author argues that legislative innovations at this historical stage determined a number of systemic problems of public administration in the field of education. One of the most difficult and negatively affecting the quality of education problems is associated with the non-alternative introduction of a competence-based approach to the development of educational programs. The author concludes that the state policy in the field of higher education should be reoriented to return to the fundamental approach in higher education according to the general rule for all specialties and areas of training. At the same time, the competence approach should be implemented reasonably and only for those specialties for which such an approach is objectively more effective. The author considers it necessary to consolidate such a fundamental decision for domestic higher education as a principle of state policy in the field of education and suggests one of the possible options for the legal and technical formalization of this principle.