Right to life and possible interference in its implementation: Constitutional and legal aspect

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

The positive legal uncertainty as a technical and legal method of exposition of law

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

V. N. Tatishchev: Prolegomena of the Russian modernization research program in the XVIII century (Institutional-evolutionary approach)

Introduction. V. N. Tatishchev, one of the founders of the Russian history studies, was notable for his broad views on the evolution of society and economic order. His economic views were not widely discussed during his lifetime and were not much in demand afterwards. Familiarity with his major works is hampered by the fact that they were almost never published in the form of notes, letters, and manuscripts. The ambiguity of his approaches, conclusions, recommendations and, accordingly, their evaluation was noted by many researchers who took diametrically opposed views. Deep erudition, reliance on Western European philosophy and Russian theology allowed the enlightener to create the conceptual milestones of the future institutional program. Theoretical analysis. Modernization of society should be based on constant changes in existing legislative and economic practices, ideological perceptions, and cultural patterns. This approach allows us to identify the most effective institutions (formal and informal rules), taking into account national specifics. Methodologically, the relationship between changes in public administration and social ethos “vertically and horizontally” is established; the importance of societal economic culture as a factor of sustainable development is emphasized. Empirical analysis. Considered chronologically consecutive works on purely economic topics and legal foundations of power are supported by a significant array of letters to Peter I, the Academy of Sciences, the Berg Collegium, and public figures of the first half of the 18th century. According to the thinker, economic policy, both at micro and macro levels, should be based on regulations, organizational adaptation and rational borrowing. The qualitative description of the structure of social relations of absolutist Russia, in the form of “physiology of society”, which resonates with the modern concepts in economic sociology and new institutional economic theory, is highlighted. Results. V. N. Tatishchev can reasonably be considered the conceptual forerunner of the modern theory of institutionalism. As an enlightener, in the spirit of eighteenth-century social thought, he created an introduction to the importance of permanent changes in Russian economic and social structures. The imperative of state construction of the economy at the macro level is supported by attention to micro-changes in the form of regular economic practices, combining elements of originality and creative borrowing of foreign innovations. Evolutionary approach of the thinker echoes the formation and development of economic views of the XIX and XX centuries, especially in the prerequisites of the theory of history periodization and the transition from one political order to another on the basis of changes in institutions (formal and informal rules).

Public-private partnerships in US innovation

Introduction. The subject of the research is public-private partnership (PPP), which contributes, through funding and incentives, to the spatial development of innovation in the United States. As an economic phenomenon, PPP is seen as an effective mechanism for integrating investors, business (primarily venture capital) and the state aimed at implementing the innovation process at the meso-spatial level – states and regions (subregions) of the United States – within the framework of regional innovation systems (RIS), contributing to territorial differentiation. Theoretical analysis reveals the factors and mechanisms of public-private interaction in the space of the corresponding RIS states and sub-regions of the country, characterized by the institutional and functional role of American forms of PPP in the implementation of innovative projects at the regional level. A hypothesis is formulated about the heterogeneity and unevenness of the united innovation space in the United States, one of the foundations of which is the differential nature of state financing of innovation activities at the regional level. Empirical analysis. A correlation is shown between indicative indicators reflecting the level of innovative potential and characterizing the innovative activity of the RIS of the states and subregions of the United States as a whole, on the one hand, and the degree of development of the innovative potential of PPP within the RIS of the corresponding territory, on the other hand. The carried out typological grouping of RIS states based on the lognormal distribution reflects the statistical commonality of the analyzed indicators. Results. Based on the available values of the indices characterizing the innovation activity of the RIS of specific states and subregions of the United States, as well as the calculation of integral indicators that make it possible to assess the interaction of PPP subjects, which are at the same time the institutional and functional elements of the corresponding RIS, a hypothetical statement about the unevenness of the US innovative development has been confirmed. In this case, the territorial differentiation of innovation in the United States and its impact on the spatial aspect of the development of an innovative economy, and, consequently, on economic growth, is determined by the intensity of the use of innovative potential by forms of PPP, which involves proactive financing and stimulation of innovative business projects at the expense of budgetary funds in the RIS of specific groups of states and sub-regions of the United States.

The use of digital technology in the public administration

Introduction. The article is devoted to the use of digital technologies in the field of public administration using the example of state and municipal information systems. Currently, two types of such systems can be distinguished in the Russian Federation: 1) allowing direct enforcement activities; 2) used to capture certain information. Theoretical analysis. Information systems of the first type acquire the properties of an object of complex legal relations, in which suppliers and consumers of information, government bodies, as well as other persons become participants. This entails the fact that in the implementation of public administration, the source of regulation of public relations to a certain extent becomes the program code of these information systems. Accordingly, any failures and errors in the public information system become facts of legal importance. Empirical analysis. The main risks of using information systems of the second type in public administration relate to the illegal access (or use) of information stored in their databases. The consolidation of databases containing different types of information is a serious threat. In this regard, the creation of the Unified Federal Information Register containing information about the population of the Russian Federation, provided for by the Federal Law No. 168-FZ of 08.06.2020, may lead to a large number of socially negative consequences and comes into obvious conflict with the legislation on personal data. Results. State and municipal information systems themselves can improve public administration, including reducing corruption in the country. At the same time, their reduced discretion in management decisions is not always appropriate. Accordingly, their implementation should be preceded by the analysis of the characteristics of a specific area of management, as well as the proposed use of digital technologies.

Constitutional and legal models of countering terrorism

Introduction. Terrorism as a socio-political phenomenon that violates the security, rights and interests of the individual, society and the state, puts forward new tasks for constitutional construction in a globalizing world. That is why the article examines the current constitutional and legal models of countering terrorism. The author analyzes various points of view of scientists and politicians on the relationship of human rights, as well as other constitutional values with measures of response to an emergency. Theoretical analysis. The study of the constitutional and legal models of countering terrorism is important not only from a theoretical, but also from a practical point of view, since the most serious and systematic abuse of exclusive powers and violations of human rights occur during countering threats to public order and national security. Empirical analysis. Considering the models for the application of exceptional measures in emergency situations, we draw attention to the following important factors within the framework in which they are implemented: whether the exceptional anti-terrorist measures are aimed at protecting the constitutional order, human rights and freedoms or when they are introduced, other goal-setting is possible; whether the state considers anti-terrorist measures to be extraordinary or proceeds from the assumption that their use is possible in the normal course of the exercise of state power; whether the transition of the state from emergency measures to the usual regime of exercising state power has been ensured in a normative way. Results. Systematizing the views of scientists on the problem of state countering terrorism, we have identified the following basic constitutional and legal models: the absolutization of human rights, non-constitutional and based on achieving a balance of public and private interests.

Exchange rate pass-through in Russian regions: Searching for spatial dependencies

Introduction. The article examines the spatial heterogeneity and factors of the exchange rate pass-through effect in consumer prices in Russian regions. Two hypotheses are tested. The first hypothesis is that there are differences in the magnitude of the passthrough between the Russian regions, the second is the significant influence of spatial relationships between regions on the magnitude of the pass-through effect. Theoretical analysis. The factors of the interregional differences in the pass-through effect are analyzed: the share of imports in the consumption structure, the share of value added produced in the domestic market in the final price of goods, transaction costs, the level of competition and the market structure. Empirical analysis. First pass-through estimates were obtained by means of vector autoregression model. Then the spatial dependence of the exchange rate pass-through was investigated on the basis of the global Moran and Geary indices, LISA, SAR and SEM models. Results. The results indicate the heterogeneity of the pass-through effect in Russian regions, which confirms the first of the hypotheses put forward. Confirmation of the second hypothesis was found only for food products in the short term, which is due to the nature of commodity flows between Russian regions. It is concluded that it is necessary to study the spatial relationships of the pass-through effect based on disaggregated prices.

Information systems as a tool for regulating public relations: Analysis of Russian and world practice

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

Impact of the Covid-19 pandemic crisis on small and medium-sized businesses

Introduction. Throughout the existence of the Russian Federation, its economy is constantly being shaken by crises, and the year 2020 was no exception, when the Covid crisis broke out in the country, as a result of which service enterprises were badly affected. In this regard, we believe that assessing the impact of the current crisis on small and medium-sized businesses, as well as analyzing state support measures, is an urgent and timely task being solved by economic science. Theoretical analysis. Around the world, small and medium-sized businesses are the backbone of the economy, since in developed countries their share occupies more than 80%. The increased attention and demand of this sphere is due to their high adaptability to crisis situations, as well as the involvement of a significant number of employees in the business. As for Russian realities, in the early 1990s, the demand for this type of enterprise was insignificant, due to the legacy of the Soviet Union in the form of large monopolies, but in the process of transformation and the transition to the digital economy, the country’s government is forming infrastructure aimed at supporting this sector. Empirical analysis. The response in developed countries of the world (USA, Germany, Italy, UK) to the Covid-19 crisis was the support of entrepreneurs in the form of interest-free lending, deferral of loan and leasing payments, and employee benefits. In Russia, on the one hand, the rescue package was close to the world one, but in fact many entrepreneurs were unable to take advantage of them, due to high bureaucracy and a weak regulatory and legislative framework. Results. The Covid crisis has largely struck the Russian service sector, as a result, more than 3 million entrepreneurs are on the verge of closing their businesses, and some have already become bankrupt. The negative factors that aggravated the situation were also: a decrease in real incomes of the population, a decrease in oil prices and economic sanctions against Russia. As a result of a circumstances combination, the economy plunged into crisis and the Government of the Russian Federation was forced to develop measures aimed at maintaining small and medium-sized businesses, but these measures are not enough and enterprises continue to close. The only positive point is the transition of most enterprises to an online format, which brings the country closer to the digital economy.

Formation of people’s control in the USSR, forms and methods of its implementation (The case study of the Saratov Workers’ and Peasants’ Inspection of the first half of the 1920s)

Introduction. The study of the Soviet experience in the formation of the legal foundations of the welfare state, the involvement of workers in the management of public affairs, ensuring equality of rights, freedoms and opportunities for their implementation, is becoming increasingly relevant. The study of the experience of the organization and functioning of the institution of people’s control in the RSFSR and the early years of the USSR is of particular interest, since this institution was inextricably linked with the ideology of building a new type of the state, implemented in the system of socialist governance and was an example of the practical implementation of the principle of direct and permanent exercise of power by workers. Theoretical analysis. In the conditions of the developing Soviet state apparatus, there was a need to create a special system of bodies that would systematically monitor the activities of enterprises, organizations and institutions, monitor the execution of decrees and resolutions of the Soviet government. The ideas of combining state and public control were embodied in the creation of the legal basis for the activities of the Workers’ and Peasants’ Inspection, which became a single body of socialist control. The RKIs were assigned duties of various legal nature: political, legal, administrative and economic control. Empirical analysis. The study of archival documents allowed us to consider the application of the mechanisms of formation and activity of the RKI bodies in the Saratov province in the early 1920s. The main problem of the creation and activity of RKI assistance groups during this period was the lack of understanding of the goals of their creation by workers and, as a result, the unwillingness of workers and especially peasants to take part in their work. RKI controllers usually had no experience in auditing activities, so their reports, as a rule, did not analyze the causes of the identified shortcomings, did not mention the measures taken. Most often the controllers recorded cases of mismanagement or abuse, without giving them any assessment. In the mid-1920s, the activities of the provincial and district RKIs acquired a planned character, the directions of control and audit activities were determined by the governing party bodies. Control measures in the period of 1924–1928 began to be carried out more consistently and professionally. Results. In the early 1920s, socialist control was of a syncretic state-public nature, and there was a search for forms and methods of its implementation. The Workers’ and Peasants’ Inspection, by its political and legal nature, was an institutionalized result of the empirical development of the concept of socialist democracy, which outwardly reflected Lenin’s ideas of popular control in the system of governance of the Soviet state. This body fully met the needs of the new political system, which assumed a radical revision of the forms and methods of governance, including the pre-revolutionary methodology of control and supervision. The participation of the population in the processes of public administration was considered an integral element of state-building, which was to radically change the established system of power relations.