Modern Legislation Research Articles

The right to life: the moments of origin and loss

The subject of the article is the right to life interpretation issue, as well as the definition of the term "life" applicable in the legal field, the study of the problems of establishing of the constitutional right to life realization moment and its loss. This is necessary due to the formalized nature of law and the unification of the legal categorical apparatus, controversy in the scientific community, as well as the lack of a holistic understanding of the moments of its origin and loss, which will improve modern legislation in the field of protecting the right to life, eliminate existing contradictions.The purpose of the study is to confirm or refute the author's hypothesis about the moment of the emergence of the right to life and its termination as processes interrelated with the context and society. The author interests how this moment is fixed in current Russian legislation as well as in international legal norms and the constitutions of some foreign countries.The methodology. The following general scientific and special methods of cognition were used in the work: dialectical, systemic, historical, comparison, analysis and synthesis, formal legal and statistical methods. The method of comparison was used in the analysis of the texts of constitutions in order to consolidate the moments of the emergence and loss of the right to human life. The formal legal method made it possible to identify contradictions in the legislation of Russia in terms of issues related to the emergence and loss of the right to life. The use of these methods in combination with the latest achievements made it possible to identify and analyze the content, essence and features of the emergence and loss of the human right to life in the Russian Federation and foreign states.The main results, scope of application. Within the framework of the scientific and practical problem the author considers various approaches to the right to life emergence and loss moments, identifies the main problems of the current legislation of Russia and compares it with international legal norms and the constitutions of some foreign countries in order to fix the right to life emergence and loss the moments.Conclusions. The moment of the occurrence of the right to life must be recognized as a birth of viable infant, and the moment of loss of the right to life – the onset of his death. The right to life of a premature newborn, including those with extremely low body weight, as well as those with certain complications, is realized by providing him with full medical care.

GENESIS OF COUNTERINTELLIGENCE ACTIVITIES OF BORDER AUTHORITIES AND UNITS OF UKRAINE

The relevance of the study is conditioned by the investigation and delineation of counterintelligence powers of border authorities and units of Ukraine in different historical periods, determining the areas of their development. The paper is devoted to the study of historical aspects of the development of counterintelligence activities of border agencies, and national and state security bodies on the territory of Ukraine, in particular, the history of transformation of the relevant units and their powers. It is noted that the study of the history of the establishment and functioning of national special services is of practical importance and can become relevant when adjusting the national security strategy. The purpose of the study is to analyse the historical aspects of the development of counterintelligence activities and counterintelligence measures by border authorities and units on the territory of Ukraine in light of retrospective changes in national special services. The methodology of scientific research included a set of interrelated general scientific and historical and legal methods, namely: chronological – to periodise the development of counterintelligence authorities and units of national special services, and the border guard service; comparative legal analysis – a comparative approach to the past and modern legislation, which determines the authority to carry out counterintelligence activities or conduct counterintelligence measures; structural and functional – to classify the threat system, which is carried out by active measures of the main enemy. Features of the legal status of border authorities and divisions of Ukraine in different historical periods are highlighted. It is indicated on the main counterintelligence methods (measures) that were carried out by authorised state bodies and units, namely: the legendary method of capturing prisoners to be interrogated, first mentioned in the annals of the Kievan Rus and conducted mainly during military campaigns; perlustration (interception) of correspondence and external surveillance, their conduct is most characteristic of the period of the Russian occupation; agent measures, during the first liberation competitions, were consolidated in the legal field by the relevant provision, which specifies the main functions of the army special service of the Ukrainian People's Republic; operational surveillance, legend and operational disinformation (used by both the security service of the organisation of Ukrainian nationalists and Soviet state security agencies). Based on the studies by Ukrainian and foreign researchers, a classification of “active measures” that can be carried out by the aggressor state is presented. The areas of development of the powers of bodies and divisions of the State Border Guard Service of Ukraine to conduct counterintelligence activities are determined

DEVELOPMENTS IN THE UNITED STATES’ CONSUMER BANKRUPTCY LAW: A SOUTH AFRICAN PERSPECTIVE

The United States Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has produced the most significant revision of consumer bankruptcy law in over a century. The tale of the South African attempt to adopt new legislation started in the late ’80s and has not yet managed to culminate in the promulgation of modern and effective insolvency legislation. This article examines the developments in the United States consumer bankruptcy law from a South African perspective. The question arises whether in order to develop legislation which would be a more accurate reflection of current South African economic and social environmental circumstances, we should not reassess some of the deep-rooted principles in the South African insolvency law.

Problem of election validity in remote electronic voting

The article analyzes the features of using the institute of remote voting in the electoral process, including the problem of invalidation of elections associated with the use of this institute. The article reveals the features of implementation of the remote electronic voting procedure in practice, identifies the problems associated with the use of software in elections using remote voting methods, and also indicates the presence of gaps in modern legislation in terms of regulating the invalidity of the described elections, uncertainty in liability for violations in this sphere of electoral law. The article concludes about the shortcomings of the existing legal regulation and identifies possible solutions to the identified problems.

Risk, Reporting and Responsibility: Modern Slavery, Colonial Power and Fashion’s Transparency Industry

This article investigates the role of the Australian Modern Slavery Act 2018 as a reporting mechanism aimed at preventing the use of forced labour in global supply chains. In the fashion industry, modern slavery legislation pursues the ambitions of activist movements that have long campaigned for increased knowledge about supply chain practices to improve the labour conditions of garment workers, especially for those in the Global South. In recent years, such campaigns against the entrenched opacity of the global fashion system have given rise to a transparency industry built on practices of auditing and supply chain management, including in relation to modern slavery legislation. This article analyses 10 modern slavery statements submitted to the online Modern Slavery Register by fashion brands operating in Australia in the 2019–2020 reporting period to explore how the Modern Slavery Act 2018 participates in colonial relations of power. It focuses on three aspects of the statements: factory reporting and third-party auditing, corporate grievance mechanisms, and risks associated with COVID-19. Finally, the article argues that while improved transparency can generate positive outcomes for workers, the reporting required by modern slavery legislation is often more concerned with providing assurances about labour standards to consumers and stakeholders in the Global North than with the needs or experiences of workers in the Global South.

Environmental law - theory issues: response to the works of MSU Professor I.A. Ignatieva

The escalating environmental problems need scientific understanding, which is facilitated by the theoretical and educational works of Professor I.A. Ignatieva. They analyze the concept, objects, sources, and development of legal institutions of modern environmental law and legislation, considering previously published monographs of well-known scholars. Of great interest are her reflections concerning the initial formation of natural resources law, fundamental for environmental relations, as well as growing importance and development of environmental law. Among other issues the author emphasizes the place of a person in the environment, which is protected for the benefit of his life and health. The traditional for Russian and foreign law issue of the relationship between “environmental protection” and “ensuring environmental safety”, provided for in the Constitution of the Russian Federation, and in strategic planning documents is also in the focus.

Historical and legal analysis of the genesis of pre-emptive law as a general theoretical phenomenon

The object of the study is social relations taken in historical retrospect, arising, changing and developing under the influence of the advantages of some subjects over others. The subject of the study is the preferential rights taken in historical retrospect. The purpose of the presented research is to form the foundations of the concept of the legislative category of preemptive right. Based on the genesis of the preemptive right, the conclusion is made about the dominance of the objective component in this phenomenon, which implies the possibility of having an additional benefit in comparison with other subjects. It is noted that there is a need to distinguish the pre-emptive right from related categories, primarily privileges and benefits. Dialectical materialism has been chosen as the basic method of scientific cognition, which makes it possible to study objective and subjective factors in the essence of pre-emptive law in dynamics. The historical method is actively used, which makes it possible to highlight the genesis of the pre-emptive right at various stages of historical development. A comparative legal method is used to investigate the evolution of the pre-emptive right in the legislation of various states of the world. The scientific novelty of the work lies in the very formulation of the problem of the need for scientific analysis of the genesis of pre-emptive law as an objective and universal phenomenon, implemented not only in normative acts regulating civil legal relations, but also finding its expression in almost all branches of modern legislation. The relevance of the study is determined by the severity of the problems associated with the presence of such a phenomenon as pre-emptive law in the legislation. The prevalence of the latter in regulatory prescriptions can lead to the rights inequality. In turn, the verified establishment and application of this phenomenon makes it possible to optimize the positions of various participants in public relations regulated by law. The historical analysis of the genesis of the preemptive right allows to conclude about the inevitability and permanence of its presence in the legislation, which determines the relevance of the study.

Multicriteria interpretability driven deep learning

AbstractDeep Learning methods are well-known for their abilities, but their interpretability keeps them out of high-stakes situations. This difficulty is addressed by recent model-agnostic methods that provide explanations after the training process. As a result, the current guidelines’ requirement for “interpretability from the start” is not met. As a result, such methods are only useful as a sanity check after the model has been trained. In an abstract scenario, “interpretability from the start” implies imposing a set of soft constraints on the model’s behavior by infusing knowledge and eliminating any biases. By inserting knowledge into the objective function, we present a Multicriteria technique that allows us to control the feature effects on the model’s output. To accommodate for more complex effects and local lack of information, we enhance the method by integrating particular knowledge functions. As a result, a Deep Learning training process that is both interpretable and compliant with modern legislation has been developed. Our technique develops performant yet robust models capable of overcoming biases resulting from data scarcity, according to a practical empirical example based on credit risk.

Conceptualization of legal terminology: the need for a transparent terminological approach

The article is devoted to the study of the peculiarities of the conceptualization of legal terminology. It has been emphasized that legal concepts are important for the functioning of legal institutions. It has been noted that most of the legal terms aimed at unambiguous and consistent interpretation of legal texts are established in various legal documents. The boundaries of most subject areas are unclear, and their use in different areas of law may lead to the application of different criteria to establish the essence of the term.Attention is drawn to the fact that terminological work traditionally focuses on the organization of concepts and lexical items in a specialized field, in which each term is one concept, and each concept is denoted by one term. The definition of a particular area of law and terms related to that area includes the establishment of both terminological and conceptual boundaries, which allows clear and unambiguous use of the relevant categories. A clear approach to understanding the term contributes to the quality of legislation that affects the stability of state life.It is emphasized that ambiguous terms are used in modern legislation. Given the foreign experience in the context of European Union law, the timing of interdisciplinary concepts seems more appropriate due to the complex relationship between the national law of the Member States and the law of the European Union. Emphasis is placed on interdisciplinary concepts, i.e. concepts or institutions that arise in more than one legal field. More specifically, such concepts may apply to both the national legal system and the law of the European Union. Although the same term is used to denote an interdisciplinary concept, its conceptualization may differ in various areas of law and different legal systems, which may adversely affect the case because there will be no common approach to understanding the term.It is noted that the study of legal terminology should focus on the elements of the legal solution of the real problem.

МЕТАВСЕЛЕННАЯ И ПРАВО НА ОБРАЗОВАНИЕ: ТЕОРЕТИКО-ПРАВОВОЙ АСПЕКТ

The article discusses the theoretical problems of the realization of the right to education in the context of the use of digital technologies. The modern legislation is evaluated from the perspective of the possibilities of implementing educational programs using high-tech platforms. The analysis of what impact such a new digital phenomenon of modern society as the metaverse can have on the international community and the population of the Russian Federation in the context of the realization of the right to education is carried out. It is indicated that the technologies used to create it have huge opportunities in the field of realization of the right to education, but also entail numerous risks. The possibilities of improving the legal regulation of the educational process, especially in the format of distance learning, which has received increased relevance due to the spread of coronavirus infection, are being investigated. The article assesses the features of the legal regulation of the educational process using innovative technologies, including the resources of the metaverse and the risks associated with the impact of this process on the academic environment.

НОВЕЛЛЫ ЗАКОНОДАТЕЛЬНОГО ЗАКРЕПЛЕНИЯ ПРИНЦИПА ЕДИНСТВА ПУБЛИЧНОЙ ВЛАСТИ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The article deals with the issue of legislative support for the idea of a unified public authority based on the analysis of modern Russian legislation in this area. Particular attention is paid to the legislative results of the constitutional reform of 2020, within which the concepts of “public authority”, “public authorities” and “unified system of public authority” were legalized for the first time. The author draws attention to the lack of a common understanding in modern science and legislation of such fundamental categories as "public authority" and "state authority", which greatly complicates the understanding of the constitutional idea of a unified system of public authority.

Improving the methodology for analyzing the financial stability of the bank in order to increase economic security

Annotation. The subject of this article is the existing methods, both abroad and in the Russian Federation, in terms of analyzing the financial stability of banks as one of the factors affecting economic security in general. The modern legislation of the Russian Federation is analyzed in detail in terms of the methods used to analyze the financial stability of banks by the Bank of Russia. Attention is also paid to other existing methods: popular foreign methods, as well as the methodology created by the rating agency of Expert RA JSC. The most important theses on each of the considered methods are revealed, as well as shortcomings that require attention and improvement are revealed. The formal-logical method is used as the basis for the analysis of existing methods for the analysis of financial stability and systematization of the main provisions. A comparative method was also used in order to identify trends and shortcomings in the methods used. The article presents the author's reasoned position on the problem of analyzing the financial stability of a bank as a private factor affecting the overall financial stability of the system, as one of the factors of economic security. The scientific novelty of the article consists in the proposal to improve the methodology of the analysis of the financial stability of the bank in order to early prevent the occurrence of risk factors for the loss of financial stability by the bank, the importance of including the bank's business model in the analysis of accounting is determined. Based on the analysis, it is concluded that the existing methods in the Russian Federation require clarification and refinement, especially in terms of accounting for the analysis of the financial stability of banks of their business models. Taking into account this indicator will make it possible to identify inefficient banks from the point of view of their banking activities, and also raises the question of further development of such banks from a strategic point of view.

ПРАВОВОЙ СТАТУС ПОМОЩНИКА АДВОКАТА

The article examines the legal approach to understanding the definition of "lawyer's assistant" from the point of view of retrospective analysis and provisions of modern legislation, as well as acts of the chambers of advocates of the subjects. The scientific approaches to the concept and meaning of the definition of "lawyer's assistant" are analyzed. The prospects for the development of legislation, in particular the Federal Law "On Advocacy and Advocacy" in the Russian Federation, are considered. The conclusion is made about the need to reform certain provisions of this law.

Actual problems of legal provision of information security of the Russian Federation

The subject of this article is the normative legal acts of the Russian Federation in the field of information security, as well as the theoretical positions of modern researchers on the legal provision of information security in the Russian Federation. The modern legislation of the Russian Federation on information security issues is analyzed in detail, while special attention is paid to the consideration of regulatory legal acts that ensure Internet governance, which is one of the most important areas of development of legislation in this area. The most important aspects of information security that attract research interest, approaches to solving existing problems in this area are identified. The analysis of the norms of information legislation and the systematization of the material is based on the formal-logical method. The comparative legal method allowed us to identify current trends in the development of legislation in this area, and the prognostic method allowed us to determine the prospects for the development of legislation aimed at creating a system of effective legal provision of information security in the Russian Federation. The article presents the author's reasoned position on the problems of legal provision of information security and the prospects for their solution in the current international situation. The conclusions obtained as a result of the study allow us to speak about the prematurity of codification of legislation in the field of information security, at the same time, the need for systematic movement in a given direction. Conclusions are drawn that today the Russian Federation continues to pursue a policy in the field of information security, which defends the sovereign information space, and also initiates the activity of the world community aimed at creating effective mechanisms for ensuring international information security through the activities of international organizations and expanding the coverage of international law.

Evaluation Concepts in Civil Law: Historical Experiences of Development and Application

The process of formation and development of evaluation concepts in civil law has a long history and is associated with the development of law, the improvement of legislative technology due to the gradual abandonment of the casuistic method of regulating legal relations and the increase in the abstractness of legal prescriptions. This legal writing technique had already been present in the law of ancient states. The purpose of the paper is to clarify the features of the formation and development of evaluation concepts in civil law through the study of the historical experience of their use in the sources of civil law, which to a certain extent became the basis of modern Russian civil law. It is also relevant to establish the reasons for the growing trend towards the use of more flexible methods of regulating civil law relations. As a result of comparative legal research, analysis of historical sources of law and modern legislation, it was concluded that civil law norms containing evaluation concepts are known to all legal systems from the earliest stages of development of law. These legal constructions are an integral part of legal regulation. The paper analyzes and substantiates the historical conditionality of a steady upward trend in civil law in the number of norms containing evaluation concepts, the continuity of this process. The reason for this is the improvement and development of legislative techniques, the use of more flexible dispositive methods of regulating civil legal relations. At the same time, attempts by the legislator to fix the main features and content, approximate criteria for individual evaluation concepts in the rules of law are noted in order to uniformly apply them and limit the freedom of discretion of the law enforcer

Programs of preventive measures of Rostrud: state and prospects of exercising powers to prevent violations of labor rights

Modern legislation on the implementation of the supervisory function by Rostrud is aimed at preventing violations of labor rights. It is proved that these measures constitute the main purpose of state supervision, that is, the prevention of violations of labor rights and their subsequent protection, and not only the protection of labor rights on the revealed facts of their violation. Preventive measures are carried out by Rostrud in accordance with the Harm Risk Prevention Programs. The article analyzes the data of the program for 2018–2021, in which the main direction of preventive work is to increase the awareness of the population in the field of protection of labor rights and compliance with labor legislation. The author investigates the ways of informing employers and employees about the observance of mandatory labor requirements. An analysis of the new Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation” allowed the author to propose a classification of Rostrud's preventive measures into mandatory and additional measures.

ЗАРОЖДЕНИЕ РЕНОВАЦИОННЫХ ПРОЦЕССОВ В ЖИЛИЩНОЙ СФЕРЕ КРУПНЫХ ГОРОДОВ РОССИИ (НА ПРИМЕРЕ ГОРОДА БЕЛГОРОДА)

The renovation of the housing stock in large and small cities of Russia is formed due to the deterioration of the physical and moral condition of residential buildings of the last century. The main tasks of the study are to expand knowledge about the historical prerequisites of the origin of renovation processes, to form an evidence base for the effectiveness of the integrated development of territories that meet modern requirements for the urban environment (using the example of the Belgorod city). Russian and historical experience of renovation of residential buildings of European and Asian states are considered on the example of Moscow. The specifics of measures ensuring the comprehensive development of the depressed territories of Moscow are indicated. Legislative documents promoting the development of housing construction in the second half of the 20th century and modern legislation on the All-Russian renovation of residential buildings have been studied. Prospects of renovation processes implementation in Belgorod are considered. Organizational and technical aspects of the complex development of the residential space of the regional center have been determined. The first steps of renovation processes in the part of residential development are evaluated. Examples of the implementation of the development of built-up areas of the city are given, available scenarios for the renewal of residential areas are outlined. The physical and moral condition of medium-rise houses of the first mass series is analyzed. Possible measures for the reconstruction of the housing stock of the development of the 60s of the last century have been identified. Options for development of renovation processes of residential development are presented.

About the Legal Nature of the Termination of Obligation in the Context of Modern Legislation

In this article, the author proposes a concept for understanding the termination of a civil obligation in the context of modern legislation. The study aimed to build a doctrine on the concept of the legal nature of the termination of obligations in the context of modern domestic legislation. To solve this, the study analyzed the available theoretical approaches, set out in theoretical studies and educational literature on determining the termination of an obligation. It further analyzed law enforcement practices to determine the answer to the question posed, as well as generalization and systematization of the data obtained. To solve the set tasks, the author analyzed the available approaches to understanding the termination of obligations. The paper presents the results of the research performed, based on the analysis of the current rules of civil legislation, aimed at regulating the issues of termination of obligations through the concept of existing legal links between the elements of the corresponding obligation relationship. The methodological basis of the research is the method of analysis, the sequential study of individual aspects, and the synthesis of the results obtained, integrating them into a single whole. The structural basis of the study is made up of aspects of law enforcement practice, in order to establish through them the desired concept, the study of the Soviet and sovereign civilian array, substantiating individual provisions of the declared topic, and building a general picture based on the results of a generalized analysis of the material presented. The study made it possible to conclude that when a civil obligations structure is destroyed, due to the interruption of legal ties between any of the elements, which constitutes the legal nature of the phenomenon under consideration, the obligation is terminated by operation of law.

Development of cooperation in vocational education

The article is devoted to the scientific and applied research of the practice of improving vocational education in higher education institutions in cooperation of participants in relations in the field of education. The methods of interdisciplinary analysis of literature and normative legal documents, the method of analysis of pedagogical experience, general scientific methods of systematization, generalization, comparison, classification were applied. New programs of higher professional education have been developed and are being implemented to prepare bachelors and masters in the field of Linguistics at the Department of Foreign Languages of Professional Communication of Vladimir State University in cooperation with partner organizations based on the provisions of domestic pedagogy of cooperation enshrined in modern legislation. The current professional competencies of bachelors of the direction 45.03.02 - Linguistics, developed in accordance with the labor functions of the professional standard 04.015 "Specialist in translation", are presented. Indicators of their achievement are structured according to the skill levels indicated by the professional community. Particular importance is attached to the relevance of designing individual educational routes of students. A route model is proposed, which is based on various forms of development of cooperation in the field of vocational education in higher education. The results of the study show the need to develop cooperation that takes into account the interests and needs of all subjects of educational activity. In the practice of the department, it is implemented through joint training of bachelors with employers, obtaining additional qualifications by them, continuing their studies in a master's degree with the prospect of pedagogical activity.

Predmet i posebne vrste legata

Legacy is a legal institute created in Roman law. Its significance is based on the circumstance that the testator orders the heir or some other person (debtor of the legacy) to transfer to the legatee from the inheritance some property benefit which may consist of handing over one or more certain things or rights, paying a certain amount of money, releasing a debt , some doing, not doing or suffering in favor of the legatee, etc., i.e. in all that may be the subject of any other obligation, provided that it is possible, permissible and determinable or determinable. The paper presents the concept of legacy, its development through history, regulation by modern legislation with special reference to the subject of legacies and its special types. Also, the importance of the necessary part of the heir, the inclusion of the legacy in the necessary part and the institute of the privileged heir were especially emphasized.