Comparative legal analysis of legal status models of state and municipal employee

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

Reasons to escape from a place of detention by convicts with the right of movement without convoy

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

On the issue of the adversarial process in modern civil proceedings

The study attempts to expand the content of the definition of the adversarial process in civil proceedings. Conclusion: the adversarial process in civil proceedings includes three components, which include the pre-trial activities of the parties to resolve the material legal conflict that has arisen, the direct judicial consideration of the material legal conflict that has arisen, and the activities of the parties after the judicial resolution of the conflict. Examining the content of the adversarial process when considering and resolving the material legal conflict that has arisen by the court, it is concluded that, by managing the process, the court is the organizer of the adversarial process at all stages of the consideration of the case in the court of first instance. The role of the parties in the adversarial process is limited to their participation in the proving process. Examining the adversarial process of the parties to resolve a substantive conflict before going to court, it is proposed to the legislator to expand the list of categories of cases in which the use of the pre-trial procedure for resolving a dispute is mandatory. Investigating changes in the procedural form of civil proceedings concerning the obligation of the plaintiff to refer other persons involved in the case, copies of the statement of claim and the actions of the parties to disclose evidence, we consider it expedient to secure by the legislator the application of these rules in the adversarial process of the parties before they apply judicial forms of pro-tection.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

On the peculiarities of legal regulation and algorithm for solving the issue of cutting down trees and shrubs in the protective zone of gas pipeline

We present a legal regulation analysis of procedure for cutting down emergency trees and trees and shrubs located in the protected zone of the gas pipeline, which poses a threat to the safety and functioning of gas networks. The purpose of study is to determine the subjects and the proce-dure for cutting down emergency trees in the security zone of gas pipeline, as well as to assess the regulatory regulation of procedure for cutting down emergency trees in the security zone of gas pipeline, taking into account the balance of interests of gas distribution organizations, local authorities and citizens – owners of land plots. The research methodology is based on a sys-tematic approach in the analysis of the legal regulation of the subject of re-search, formal legal, logical methods of cognition, which together ensure the reliability and validity of conclusions and proposals on the algorithm for solving the issue of cutting down trees and shrubs in the protective zone of the gas pipeline. We conclude that there is variability in the regulation of the elimination of emergency trees, taking into account such conditions as the location of the gas pipeline security zone (ownership of territory) and the owner of the land plot on which the trees are located. We state that the pres-ence of tree plantations in the security zone of gas distribution networks is not prohibited by law, but there is a procedure for the owner of land plots and gas networks to remove trees that potentially pose a threat to the safety of the gas pipeline within the security zone. The legislation unambiguously determines that the person who is obliged to carry out work on cutting down trees and sawing off branches is the owner of the land plot. All work on cutting trees must be carried out taking into account the interests of the gas distribution organization, the owner of the gas pipeline and a real threat to the safety of the gas pipeline. We formulate recommendations for effective building of interaction between subjects interested in resolving the problems of finding emergency trees in the protected zone of the gas pipeline.

Uncertainty of law as a factor in the stability of legal system (historical example of the USA)

Certainty in law is a category that is ambiguously perceived by the scientific legal community. We make an attempt to analyze the meaning and role of the category of certainty in the process of creating a stable legal system with historical continuity. On the example of the US and France legislation, we give polar examples of the implementation of certainty of lawprinciple. We conclude about the undoubted usefulness and necessity of preserving this principle in the Russian legal system. However, a study of the French experience of legal regulation has shown that the desire for certainty, achieved through an overly detailed regulation of public relations, only cre-ates additional problems of interpretation and law enforcement, strengthening legal nihilism and citizens' distrust of law. At the same time, the American model, implying some uncertainty of law, has shown its effectiveness in its historical example. The ambiguity and framework nature of the American Constitution and basic federal laws makes it possible to interpret and concretize their provisions in judicial precedents in different ways, depending on the era and socio-political situation, which contributes to the flexibility and stability of the US legal system. In conclusion, it is noted that domestic legislators need to strive for a gradual transition to the American model of implementing the principle of certainty of law, while providing for detailed regulation of public relations at the level of bylaws. Such an approach will preserve the historical continuity and existence of basic normative acts for several decades, preserve the stability and predictability of legal regulation.

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics

The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.

The legal status of emigrants from Russia in the first years after the October Revolution of 1917 (on the example of North Caucasians)

Emigration has been known to mankind for more than a century. We name the factors contributing to emigration, give examples from the history of emigration both abroad and Russia. We emphasize that at the present time, Russian citizens emigrate to other countries, using the right to freely leave the state, and can also have dual citizenship under Russian law, or renounce citizenship, and then get it again. We pay special attention to the settlement of the territory of North Caucasus, which began in the 8th – 7th – 6th – 5th thousand BC. We analyze the features of emigration of people from North Caucasus after the October Revolution of 1917. The specifics of the emigration of people from this region of country are emphasized. Thus, the majority of people emigrated to the Ottoman Empire, and then moved to Europe. We indicate that in fact, after the adoption of the Decrees of the Central Executive Committee, the SNK of RSFSR in 1921, “On the deprivation of the rights of citizenship of certain categories of persons who are abroad” many emigrants from Russia, including North Caucasians, have become disenfranchised. This circumstance greatly influenced the publication of the Nansen passport (it was introduced in 1922 and became widespread in 1924), according to which emigrants were granted a number of legal and social rights. In addition, it is applicable to emigrants from Russia, including from the North Caucasus, in 1922 and 1926. The Geneva definition of “Russian refugee” was given, and the International Convention on the International Status of Refugees of 1933 created an alternative to naturalization for refugees from Russia. Subsequently, before the outbreak of the Second World War, people received, as a rule, the citizenship of the countries in which they began to live.

Personnel policy of the state in the field of reducing the level of legal nihilism of civil servants

We study one of the varieties of legal nihilism – the legal nihilism of civil servants, which undermines the role of law as the main regulator of public relations, harms the socio-economic, moral, cultural and other activities of the state. We analyze official statistical data confirming the prevalence of legal nihilism among civil servants, which arises in the field of administrative management and replaces legalized public relations. We point out that the personnel policy is one of the ways to minimize the legal nihilism of civil servants, since it determines the effectiveness of the implementation of goals and tasks facing civil servants. In accordance with the regulatory legal acts, the basic requirements for the formation of the personnel of the civil service are analyzed. We substantiate that one of the effective means to reduce the level of legal nihilism among civil servants may be the adoption of a unified Concept of personnel policy in the field of public service, fixing the funda-mental principles (principles, areas of activity, goals, objectives, strategy for the formation of personnel of public servants), as well as the creation of ap-propriate Concepts in each department, taking into account the specifics of the functions being implemented. We note that only consistent and competent actions can have a positive impact.

Legal awareness of citizens and legal information burnout issue

We analyze the concept of legal awareness of citizens, its structure, significance for a particular individual and for society as a whole, ways to increase the level of legal awareness of the population, as well as the con-sequences due to an increase in the level of legal awareness. We cover the is-sue of excess information in the legal sphere, its causes and consequences. We consider the essence of legal information burnout, its signs, potential danger and impact, identified preventive measures and methods to combat this phenomenon. We comprehend the impact of excessive legal information on professional deformation and professional burnout of lawyers, we have determined the functional significance of excessive legal information to citi-zens to maintain the proper level of their legal functional literacy. The pur-pose of the study is to determine the relationship between the increased vol-ume of legal awareness, information overload, legal information burnout and, as a consequence, the professional deformation of lawyers. We make an attempt to declare the existence of the phenomenon, which is conventionally called by the author legal information burnout. The study will be of interest to specialists in the field of jurisprudence, psychology, information technology, and may also be useful for other specialists and all those who are interested in the issues of this issue.