LEGAL NATURE OF THE STATE AUTHORITY OF SUBJECTS OF THE RUSSIAN FEDERATION

Author(s):  
L.S. Shulyak ◽  
Author(s):  
М.Ф. Гареев

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.


Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.


Author(s):  
N.E. Sadokhina

The relevance of the research topic is due to the uncertainty of the provision of constitutional responsibility in the system of legal responsibility types. The study purpose is to the legal nature analysis of constitutional and legal responsibility, allowing it to be viewed as a form of legal responsibility. The conducted research is based on general scientific analysis methods, deduction, and also private law – the formal legal method. So, on the basis of the analysis of the current legislation and law-enforcement practice, we conclude that the political and legal nature of constitutional responsibility is special. On the one hand, it is a form of legal responsibility and is applied to subjects of constitutional responsibility in cases provided for by constitutional norms. On the other hand, it helps to regulate relations that arise in the sphere of public administration, ensure the stability of the functioning of the state apparatus. It is established that this feature explains also the fact that constitutional responsibility can occur not only in case of an offense, but also in case of lawful behavior. It is determined that for consideration of the constitutional responsibility as a special kind of legal responsibility it is necessary to introduce a special procedural order of calling to account, including in particular the procedure for appealing the dissolution of the State Duma, giving the Constitutional Court of the Russian Federation the powers to consider such cases. And it is also necessary to fix a list of circumstances that may form the basis for a decision on mistrust in the Constitution of the Russian Federation. The conclusion is made that these legislative changes will underline the specificity of constitutional and legal responsibility and leave no doubt about its status as a kind of legal responsibility.


2020 ◽  
Vol 15 (6) ◽  
pp. 55-63 ◽  
Author(s):  
M. A. Egorova ◽  
A. V. Belitskaya

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.


2020 ◽  
Vol 14 (3) ◽  
pp. 394-399
Author(s):  
A.V. Smirnov ◽  

Based on the analysis of various scientific positions, the article reveals the administrative-legal nature and essence of state-service relations in the prosecutor’s office of the Russian Federation. It is noted that the uniqueness of the prosecutor’s service is due, among other things, to the execution of various law enforcement, human rights, control and supervisory and other functions by prosecutors, which indicates the multifunctionality of this type of public service. Such characteristics of the service in the prosecutor’s office, in turn, lead to increased requirements for the service itself, for the business and moral qualities of employees. On the basis of the methodology of integrative legal thinking, the author’s concept of civil service and service in the prosecutor’s office is given. The latter, in particular, is disclosed as a special type of professional activity carried out on behalf of the state by its citizens holding positions of the federal public service in the prosecutor’s office of the Russian Federation, in order to fulfill in accordance with the law on the prosecutor’s office and the rules establishing special moral and ethical requirements for their official and off-duty behavior of the duties assigned to the prosecutor’s office, carried out in order to ensure the supremance of law, unity and strengthening the rule of law, protect human and civil rights and freedoms, the interests of society and the state protected by law, as well as related to the performance of the functions of internal management of the prosecutor’s office, organizing and service in these bodies.


2020 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
Kamil M. Arslanov ◽  

In the course of the ongoing reform of civil legislation the Civil Code of Russian Federation was amended in 2018, including Art. 256 (paragraph 2, item 4) regarding the legal fate of common joint property of spouses after the death of one of them. In the notarial practice the question arose in this regard as to whether the surviving spouse can be considered the owner of the property in the absence of state registration of the ownership right and, accordingly, in the future to be the heir to such property. This predetermines the question about the meaning of the state registration itself as a legal procedure in civil proceedings. It is concluded that the state registration for the case of paragraph 2, item 4 of Art. 256 of the Civil Code of the Russian Federation is not of a legal nature and has a procedural meaning of formalization of legal relations. Thus, this is one of the exceptions from the general rule on the need for state registration for the recognition of the existence of ownership of real estate.


2020 ◽  
Vol 15 (3) ◽  
pp. 103-111
Author(s):  
O. S. Rybakova

The paper studies the constitutional and legal nature of the child’s right to safety, which claims to be of constitutional value. Particular attention is given to the study of the doctrinal understanding of constitutional values as the determinants of state-legal phenomena that make up the spiritual and moral basis for the development of society and the state. The author considers child’s safety through the category of personal safety (as a part and the whole), which, in turn, is a criterion of social safety, which implies the protection of the whole spectrum of human values, rights and freedoms, including dignity, legitimate interests, protection of property, etc. Based on the analysis of the norms of the Constitution of the Russian Federation, the author shows that the guarantees of the child’s personality safety are inherent in its text. The author concludes that at the present stage of the Russian statehood development, child safety is a constitutional value built into the overall safety system of an individual, society, and the state, which demonstrates the interdependent nature of the organizational and legal foundations of Russia’s national safety. In author’s opinion, ensuring a child’s safety in the context of constitutional and legal values presupposes the creation of a favorable environment for the life of a child in which it is impossible to infringe on his life and health, the formation of which is ensured by a system of guarantees, i.e. economic, political, social, moral and, legal.


Author(s):  
Алексей Геннадьевич Дейнеко

This article aims to explore the legal nature of the concept of «anonymity» of the subjects of relations that occur in information-telecommunication networks. Anonymity will be considered in two aspects: as the inherent nature of cyberspace and as one of the most important subjective rights in the structure of studied relationships. Also, an interdisciplinary approach will be applied to this concept.The article also analyzes the first results of amendments to the information legislation in terms of identification of users of cyberspace, adopted in 2017, as well as new legislative initiatives in this area, currently being considered in the State Duma of the Federal Assembly of the Russian Federation.


Author(s):  
G.A. Reshetnikova

The article deals with the understanding, assessment criteria and accounting for the commission of a crime in a state of intoxication as an aggravating circumstance in the science of criminal law and in judicial practice. Application of Part 1.1 of Art. 63 of the Criminal Code of the Russian Federation in practice shows that the difficulties faced by the court (judge) and the authors dealing with this problem are due to the imperfection of this norm, a different idea of the internal legal nature of the circumstance in question, therefore, a different content of its legal and criminological grounds. The main question that they are trying to solve is whether the state of intoxication contributed to the commission of a crime, while the state of intoxication as a circumstance aggravating punishment must be assessed in conjunction with the consequences of the committed criminal act.


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