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LEGAL REGIME OF THE ARCTIC MARINE AREAS: PROBLEMS OF THE MODERN STAGE OF DEVELOPMENT

Author: Avkhadeev, Vladislav Ramilevich
Pages: 6-13
Keywords: Arctic, international law, legal regime of maritime spaces, delimitation, territory and international law, international legal custom
Abstract:
The modern legal regime of the Arctic, and especially the maritime spaces of this region, is the most problematic on our planet, since it cannot be unambiguously attributed to the traditionally existing types of territory in international law: state, international or territory with a mixed regime. The classification of the Arctic maritime spaces is difficult due to the fact that at present time because it is extremely difficult to determine the format of interaction between the states of this region in the field of legal regulation of the issues of their delimitation.
It is important to note that in modern international law there are two approaches to the delimitation of maritime spaces in the Arctic: conventional (contractual), which is based on the provisions of a number of international treaties, as well as sectoral, based on the method of delimitation of maritime spaces in this region, which then became an international legal custom, which was also reflected in a number of international treaties in force in this region. For the purposes of optimizing the legal regime of the maritime areas of the Arctic region, it seems appropriate to conclude a regional international treaty aimed at delimiting the limits of the jurisdiction of states in this area and unifying the rules on cooperation between them.


BALANCE OF RIGHTS AND OBLIGATIONS OF A CITIZEN (TO THE 75TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS). REVIEW ON THE RESULTS X ALL-RUSSIAN ANNUAL MEETING OF LEGAL THEORISTS, DEDICATED TO THE 100TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION

Authors: Bogolyubov, Sergey Aleksandrovich; Pashentsev, Dmitry Alekseevich
Pages: 14-17
Keywords: 75th anniversary of the Universal Declaration of Human Rights, rights and obligations of a citizen, theory of state and law, All-Russian annual meeting of legal theorists, 100th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Central House of Scientists
Abstract:
review on the results of the X All-Russian annual meeting of legal theorists «Human rights issues in the Works of the Institute of Legislation and Comparative Law under the Government of the Russian Federation» (to the 75th anniversary of the Universal Declaration of Human Rights) (Mosñow, Central House of Scientists — March 2023).


LEGAL FOUNDATIONS OF THE FORMATION OF THE NATIONAL CIVIL DEFENSE: FROM THE RUSSIAN EMPIRE TO THE PRE-WAR PERIOD OF THE SOVIET STATE

Author: Nikolaev, Andrey Igorevich
Pages: 18-21
Keywords: civil defense, protection of the population, regulatory legal act, air defense, threats to the population
Abstract:
Global crises and wars taking place on the planet actualize the issue of taking measures aimed at protecting the population in the event of armed conflicts. In addition, such measures are also in demand in conditions of various kinds of emergencies caused by man-made accidents and catastrophes, as well as natural disasters. To ensure the appropriate protection of the population, there is a civil defense system. The effectiveness of its work depends on the quality of the relevant regulatory and legal regulation, as well as on the possibilities of improvement using historical experience and rich traditions. Therefore, it is important to study the domestic experience of legal regulation of the creation of a civil defense system. The article uses formal-legal, historical, historical-comparative methods.


THE INTERACTION OF THE PROPER UNIVERSAL IMAGE OF LAW, TRUE LEGAL CONSCIOUSNESS, LAWFUL AND EXPEDIENT LEGISLATION, AS WELL AS RELIABLE JUSTICE AND SOCIAL ORDER IN THE SYSTEM OF LAWMETRY

Author: Osipian, Boris Artashesovich
Pages: 22-28
Keywords: the universal image of the idea of law, true legal consciousness, a concrete right of legal subjects, lawful and expedient legal statute, timely updated social order
Abstract:
In article the author through the study of objective and subjective processes of mutual influence, formation and interaction of the uniform idea and image of law, and concrete rights of different legal subjects, shows the necessary and scientifically based solution of the problem of real transformation of the proper image and idea of law («Jus») into separate provisions of lawful and expedient state legislation («Lex», «statute»), true national and professional legal consciousness, self-developing legislative and judicial system, reliable and speedy justice, constantly and timely updated public and constitutional law and order.


THE CURRENT CONSTITUTIONS TERMINOLOGY RESEARCH

Author: Shulga, Sergei Vitalijevitch
Pages: 29-32
Keywords: constitution, legal term, legal principles, legal institutes, human rights and freedoms, state, legal culture, state association
Abstract:
Some specific features of the several countries constitutions which reflect their historic origin are considered in the article. Especially and most of all the legal institutes and legal terminology connected with them and fixed in the constitutions mentioned above are the main subject of researching. The article is also devoted to the constitutional legal principles expertizing, mostly to those which defined the above mentioned countries basic laws identity and indicated the constitutional influence upon the strengthening of the complicated state structure countries unity.


REALIZATION OF THE RIGHT TO EDUCATION IN THE 1940S

Author: Alekseeva, Larisa Leonidovna
Pages: 33-46
Keywords: law, universal education, priorities, regulatory and legal materials, education system, public enlightenment, the Great Patriotic War, legal regulation, pre-war and post-war years
Abstract:
The article deals with the normative and legal materials of the 1940s in the field of education and public education. The author pays attention not only to the period of the Great Patriotic War of 1941 — 1945, but also to certain, little-studied issues of the implementation of the right to education in the pre-war and post-war years. The paper notes the priority tasks and the most important areas of legal control in wartime conditions, as well as before and after it; The paper notes the priority tasks and the most important areas of legal control in wartime conditions, as well as before and after it; emphasizes the «legal strength» of the regulation of those years at the level of Laws, Resolutions, Decrees, Orders, etc., which ultimately ensured the preservation and strengthening of the education system, its effectiveness for the restoration of the national economy of the country in all sectors in the shortest possible time; it is said about the need for further analysis of the valuable experience of those years and the generalization of historical and legal lessons for the present and future times.


THE EFFECTIVENESS OF LEGAL NORMS: A REVIEW OF THE RESULTS OF THE ROUND TABLE DEDICATED TO THE 100TH ANNIVERSARY OF THE BIRTH OF THE OUTSTANDING SOVIET SCIENTIST, DOCTOR OF LAW, PROFESSOR V.I. NIKITINSKY (1923–1992)

Author: Antonova, Natalia Vladislavovna
Pages: 47-51
Keywords: effectiveness of legal norms, the concept of the effectiveness of legal norms, labor law, optimization of legal regulation, rulemaking and law enforcement
Abstract:
On March 15, 2023, the Institute of Legislation and Comparative Law under the Government of the Russian Federation hosted the Round Table «The Efficiency of Legal Norms», dedicated to the 100th anniversary of the birth of an outstanding Soviet scientist in the field of labor law, Doctor of Law, Professor Vasily Ivanovich Nikitinsky (1923–1992).
The Institute of Legislation and Comparative Law under the Government of the Russian Federation is celebrating its 100th anniversary in 2023, which is why it is so important to pay tribute to the memory of the prominent Scientists of the Institute who worked within its walls and defended dissertations over the years. One of them is Professor V.I. Nikitinsky. In 1956, he joined the VIYUN (since 1963 — VNIISZ, since 1991 — IZISP) and remained faithful to the Institute until the end of his days.
Professor V.I. Nikitinsky is one of the leading Soviet and Russian specialists in the field of labor law. He has published more than 200 scientific papers: 5 monographs, 14 textbooks and manuals, 40 brochures and comments on labor legislation. Twelve works were published abroad (in England, Germany, China, France, USA). At the same time, the monographs «Principles of Soviet Labor Law» (in English. M., 1977) and «Essay on Soviet Labor Law» (in French. M., 1982).
V.I. Nikitinsky was one of the first to pay attention to the problems of the effectiveness of law; formulated the concept of the effectiveness of legal norms, the criteria for the effectiveness of their action, created the foundations of the methodology for studying the effectiveness, analyzed the conditions for the effectiveness of the action of legal norms and proposed working methods for measuring effectiveness, was the initiator of specific socio-legal research on this issue. This is reflected in the monographs «Efficiency of labor law norms» (M., 1973), «Efficiency of legal norms» (co-authored by M., 1980) and «Legal experiment and improvement of legislation» (introduction, conclusion, chapter «General theory of legal experiment», under the editorship of V. I. Nikitinsky, I. S. Samoshchenko. M., 1988).
V.I. Nikitinsky made an invaluable contribution to the development and substantiation of the concept of the effectiveness of legal norms, which to this day remains relevant and is a guideline for fundamental and applied scientific research in the field of law.


ON SOME ISSUES OF THE PROCEDURE FOR ASSIGNING STATUS TO RUSSIAN CITIZENS «COMBAT VETERAN»

Author: Mikhailov, Alexander Viktorievich
Pages: 52-55
Keywords: military personnel, veterans, combat veterans, social protection of veterans, social justice
Abstract:
The article analyzes the subordinate regulatory legal acts that were adopted in order to implement the federal law of January 12, 1995 ¹ 5-FZ «On Veterans». The paper analyzes certain norms that are devoted to the social support of combat veterans. It has been established that the norms regulating relations regarding the attribution of citizens to the number of combat veterans are insufficiently effective, and do not fully comply with the principle of social justice in this area.


THE ROLE OF MONITORING IN IMPROVING THE EFFECTIVENESS OF LEGISLATION ON EMPLOYMENT AND PROTECTION AGAINST UNEMPLOYMENT

Author: Seregina, Larisa Vladimirovna
Pages: 56-59
Keywords: employment, unemployment, the effectiveness of the rule of law, employment service authorities, labor market
Abstract:
The article was prepared following the results of the round table «Effectiveness of legal norms», dedicated to the 100th anniversary of the birth of the outstanding Soviet scientist, Doctor of Law, Professor Vasily Ivanovich Nikitinsky (1923–1992) (Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation , March 17, 2023).
The article highlights the approaches developed by scientists to determine the effectiveness of legal norms and the application of such an objective method of analyzing the effectiveness of various legal norms as monitoring. Attention is drawn to the fact that the monitoring of the activities of the employment service bodies to provide citizens with services in finding suitable work and employment in it contributed to the decision on the large-scale modernization of public institutions — employment centers and the revision of approaches to their activities.
The author comes to the conclusion that the current norms of the Law of the Russian Federation dated April 19, 1991 No. 1032-1 «On Employment in the Russian Federation» do not fully meet the situation on the labor market and do not allow achieving the National project «Demography» goals — to support the level of employment of the population through the development of employment infrastructure and the introduction of organizational and technological innovations using digital and platform solutions. This indicates a lag in the legal regulation of the activities of employment service bodies, a decrease in the effectiveness of the norms of the Law of the Russian Federation of April 19, 1991 No. 1032-1 «On employment in the Russian Federation» and the need to develop new norms that meet the current level of development of relations in the field of employment.


LEGAL SUPPORT FOR THE FORMATION OF A RESPONSIBLE ATTITUDE TO ANIMALS

Authors: Gorokhov, Dmitry Borisovich; Noshenkova, Olga Aleksandrovna; Khromova, Natalia Mikhailovna
Pages: 60-70
Keywords: responsible attitude to animals, protection of wildlife, treatment of animals, moral imperatives, constitutional and legal principles and norms, charitable, volunteer activities, education and enlightenment
Abstract:
the article examines the legal norms that ensure the introduction of moral and ethical requirements for responsible treatment of animals in the current legislation of the Russian Federation. The existing imperfections of legal regulation in the field of protection and use of wildlife and animal protection are revealed. The analysis of the established in the paragraphs «e.5» and «e.6» of part 1 of Article 114 of the Constitution of the Russian Federation of the new powers of the Government of the Russian Federation to implement measures aimed at forming a responsible attitude towards animals in society is presented. It is determined that animals are objects of two different types of legal relations — environmental and legal relations for the treatment of animals — regulated by various legislative acts having various subjects of legal regulation, a comprehensive analysis of these legislative acts in their relationship with the provisions of the Constitution of the Russian Federation and other regulatory legal acts concerning the legal relations under study. The conclusions of the article substantiate specific proposals for the correction of the current legislation in order to legally ensure the formation of a responsible attitude towards animals in society.


ON THE THEORETICAL PROBLEMS OF THE LEGAL PROTECTION OF WILDLIFE IN THE SOVIET AND POST-SOVIET PERIODS OF RUSSIA»S DEVELOPMENT

Author: Doynikov, Pavel Igorevich
Pages: 71-73
Keywords: fauna, wild fauna, wild animals, domestic animals, wildlife protection, N.N. Vedenin, hunting, faunistic law, improvement of legislation, civilism
Abstract:
the legal regulation of the relationship between human society and the animal world is undergoing a qualitative reassessment, the essence of which lies in the humanization of such regulation.
The ideas of humane treatment of animals appeared in the Russian state in the second half of the 19th century. The essence of this phenomenon was reduced to the recognition of natural rights for animals and, mainly, the right to life.
During the Soviet period of Russia»s development, the ideas of the natural rights of animals for ideological reasons did not receive proper development. But, despite the official non-recognition and ideological alienation, zoohumanism seeped through the communist formalism of the Soviet science of state and law.
In this regard, the views on the protection and use of the animal world of Nikolai Nikiforovich Vedenin (1925-2009) are of genuine interest as an example of an honest, open, sincere desire to protect the animal world from population reduction, extermination with subsequent disappearance and cruel treatment.
Ideas N.N. Vedenin were systemic, ideologically loyal, full of positivists. In his views, a naturally legal desire can be traced to direct the force of law to the protection of the animal world.
It has been repeatedly noted that the main achievement of the Soviet government in the field of social construction was the Soviet people. N.N. Vedenin is sincere, honest, contradictory as the era itself, which brought him up as a man who called for the protection of the animal world. The task of the living generations is to remember those people who cared about the welfare of dumb creatures in an era when their rights were forgotten for a long time, but not forever.


ON THE CURRENT STATE OF LEGAL REGULATION IN THE FIELD OF ENVIRONMENTAL EDUCATION IN THE RUSSIAN FEDERATION

Author: Nikonov, Rodion Valentinovich
Pages: 74-76
Keywords: environmental education, environmental culture, environmental education, legal regulation, environmental problems
Abstract:
The article presents the normative legal acts that are aimed at regulating in the field of environmental education in the Russian Federation. Based on the analysis of legislation and scientific publications, problems in the legal regulation in this area that need to be addressed are identified.
The author points to the laws on education (of certain foreign countries), which show examples of prompt response to modern global challenges and public requests for the timely inclusion of these issues in environmental education.


ISSUES OF PUBLIC ADMINISTRATION IN THE FIELD OF USE AND PROTECTION OF WATER FUND LANDS

Author: Sivakov, Dmitry Olegovich
Pages: 77-81
Keywords: water fund lands, hydrotechnical facilities, legal regime, coastline of public use, category of urban lands, reserve lands, land tax, land development, water economy, development of water resources
Abstract:
The difficult problems of the category of lands of the water fund are revealed by the author mainly with the use of comparative legal and historical-legal research methods. In particular, the experience of the CIS countries ? Armenia, Azerbaijan, Belarus, Kazakhstan, Uzbekistan, Turkmenistan, Tajikistan, Kyrgyzstan is widely disclosed.
Comparative legal analysis is carried out according to the following criteria: determining the categories of land for its intended purpose, resolving the issue of ownership of water fund lands, the problem of turnover of water fund lands, resolving the issue of taxation. Based on the conducted research, the author concludes that the legal regimes of the category of water fund lands differ markedly in different CIS countries.
The evolution of the category of water fund lands over a period of half a century is shown. For the reasons indicated by the author, the category of lands of the water fund has reached in a very reduced form. In this regard, the author raises the question not only about the preservation, but also about the expansion of the category of lands of the water fund.


LEGAL REGULATION OF URBAN FORESTS

Author: Kiskova, Iulia Iurievna
Pages: 82-85
Keywords: urban forest, forest legislation, legal regime, protection and use of forests, specially protected green areas, regional legislation, legal conflicts
Abstract:
The article considers the norms of the legislation of the Russian Federation on urban forests. The analysis of the main modern problems of legal regulation of urban forests is carried out. The collisions existing in regulatory legal documents leading to the problems of rational use of urban forests are revealed. The lack of a uniform legal framework for urban forests, the insufficiency of their clear legal regulation at the level of local self-government bodies, legal uncertainty in the issue of attributing various territories of settlements occupied by green spaces to urban forests — all these gaps in Russian legislation lead to difficulties in law enforcement practice, as well as complicating the implementation of the parameters of the use of urban forests. forests established by the Forest Code of the Russian Federation. Based on the analysis carried out in this article, the author suggests ways to effectively resolve emerging legal conflicts in order to realize the right of citizens to a favorable environment through rational use, conservation of urban forests and their protection.


LEGAL REGULATION OF CONSTRUCTION AND OPERATION OF UNDERGROUND STRUCTURES NOT RELATED TO MINING

Author: Kurtynova, Ekaterina Igorevna
Pages: 86-89
Keywords: underground space, development of underground space, underground structures, subsoil, land law, development, legal regulation
Abstract:
Within the framework of the article, the author analyzes the legal regulation, the features of work in the field of construction and operation of structures located in the underground space.
The author presents directions for improving legislation in the field of regulating the construction and operation of underground structures, and also formulates an interpretation and justified of the concept of «underground structure» and «development of underground space».
The relevance of the work is determined by the fact that the construction and operation of underground structures within the framework of urban development strategies and urban space affects the socio-economic system of both the city and the country.
The purpose of the work is to identify the problems of legal regulation in the field of construction and operation of underground structures. When writing the article, normative legal acts and scientific legal literature of Russian authors were used.
The theoretical results obtained in the course of this study can be applied in the state reformation and improvement of legal regulation of relations in the field of construction and operation of underground structures, in the scientific community and the activities of researchers dealing with issues, as well as in carrying out further legal regulation in the field of construction studies of legal regulation of relations in the field of underground construction.


ON THE QUESTION OF THE LEGAL INTERPRETATION OF THE DEFINITION OF THE CONCEPT «HARM CAUSED TO THE ENVIRONMENT»

Author: Makhonin, Yuri Sergeevich
Pages: 90-92
Keywords: environmental protection, environmental damage, damage caused to the environment, compensation for damage caused to the environment
Abstract:
The article is devoted to the scientific study of the legal interpretation of the definition of «harm caused to the environment». To date, environmental protection issues are becoming more relevant than ever and are becoming increasingly relevant, therefore they deserve the most attention. The institute of compensation for damage caused to the environment is by right one of the most important in the entire environmental sphere, both in environmental law and in the field of environmental protection in general. But, despite a large number of scientific studies on this topic, there is no single developed position on the issue of legal interpretation of harm in the above-mentioned context, to date, there has not been observed.


FEATURES OF REMUNERATION OF FOREIGN WORKERS SOME OF PROBLEMS OF ENFORCEMENT

Author: Nesterenko, Aleksandra Aleksandrovna
Pages: 93-97
Keywords: foreign workers, payment, salary, cash, non-cash payments, highly qualified specialist
Abstract:
In this article, the authors consider the main features of payment of work by foreign workers. Using the formal legal, statistical and historical methods of research, the author analyses historical statistics and compares them with the current wages of foreign workers. This article examines peculiarities of the features of payment of work by the foreign workers, both low-profile and high qualified specialists, and identifies the dependence of wages and confirmation of legal resident status according to the administrative legislation. Special attention is paid to the question methods of payment the wages of such workers. The study author concludes that there are imperfection of the legal regulation and, as a consequence, the need for further improvement of legislation.


ACTUAL PROBLEMS OF LEGAL REGULATION OF CIVIL LAW RELATIONS IN THE CONTEXT OF DIGITALIZATION

Author: Ovcharenko, Bogdan Dmitrievich
Pages: 98-100
Keywords: civil law, artificial intelligence, legal relations, regulatory sandboxes, experimental legal regimes
Abstract:
the article describes the classification of civil law problems. The analysis of scientific works of Russian and foreign scientists engaged in the study of emerging gaps in civil law regulation in the context of the development of the information society is carried out. The key factors influencing the emergence of problems in civil law are: digitalization, the emergence of new types of online relationships. Proposals are given to address such gaps in legislation as the legal regulation of artificial intelligence, the protection of exclusive rights to intellectual property created in the digital space.


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