Suchergebnisse

The article raises and examines the problem of the possibility of Russia's participation in one of the future regional international human rights courts, which has matured after the termination of the Russian Federation's membership in the European Court of Human Rights. The author considers the following options: the Court of Human Rights in the Commonwealth of Independent States, the Court of Human Rights of the Union State of Belarus – Russia, the Asian Court of Human Rights (on the legal platform of the Association of Asian Constitutional Courts and Equivalent Institutions), etc. Being sure that Russia cannot be a member of two or more international human rights courts at the same time, the author justifies the need for States intending to create an International Human Rights Court to develop and adopt an appropriate international human rights act. Only by focusing and relying on this act, the International Court of Human Rights will be able to determine whether the rights of a person who has applied to the Court have been violated and make an appropriate ruling.

This article is the third of a series of articles devoted to the problems of domestic non–federal justice[2]. This article examines the problem caused by the actual absence (or insufficient effectiveness) of the justice mechanism in remote rural sparsely populated areas of Russia. The world justice system there is simply not able to carry out justice at the proper level, and economic justice, the lowest link in the system of which are the arbitration courts of the subjects of the Russian Federation – even more so. Meanwhile, such courts exist in some foreign countries, and our country has a wealth of experience of the functioning of the justice mechanism, as close as possible to the population. Some approaches to solving this problem are proposed and justified.

[2] See: Kleandrov M.I. (2023). About non-federal justice. Part I. Should the constitutional (statutory) ones have been abolished courts of the subjects of the Russian Federation? // Gosudarstvo i pravo=State and Law, No. 6, pp. 56–72. DOI: 10.31857/S102694520025928-1; Kleandrov M.I. (2023). About non-federal justice. Part II. World justice: the need to change the vector of legislative regulation // Gosudarstvo i pravo=State and Law, No. 9. pp. 73–86. DOI: 10.31857/S102694520027640-5

In the article, the main, basic component of Economic (Entrepreneurial) Law, which is the main achievement of Academician V.V. Laptev, as an independent branch of law, branch of legal science, branch of legislation and academic discipline is defined as an organic combination of legal regulation of economic activity (entrepreneurial) and its management. In fact, it is an organic combination of private law and public law principles. Noting that the development of this industry, according to scientists, went through three stages during the Soviet period, called: "two-sector" theory (20s), a single pre-war theory (the second half of the 30s) and the post-war so-called "addressee" theory, the author believes that Entrepreneurial Law as well as the Economic Law of the market economy - this is the fourth stage, which is another significant scientific achievement of V.V. Laptev. The author has made 10 conclusions and makes appropriate proposals

The article substantiates the need to create in the Russian Federation a fundamentally new constitutional state authority under the conditional name of the Supreme Judicial Authority of the Russian Federation, similar to the fact that the highest legislative authority is the bicameral Parliament, and the executive authority is the Government of the Russian Federation. It is noted that such bodies exist in about half of the countries of the world, and in Russia it could quite realistically appear twice – in 1993 and in 2001. The author substantiates the inability to assign the functions of this body to the Supreme Court of the Russian Federation and other state authorities and bodies of the judicial community. It is proposed to give the supreme judicial authority the authority to ensure the independence of courts and judges, material resources, financial, personnel and other support for the effective judicial activity of the judicial system. Why is it proposed to give this body the rights: a) legislative initiative; b) adoption of necessary regulatory and administrative legal acts that are mandatory for execution by a specific circle of performers. The contours of the formation of this organ are proposed. It is strictly noted that the Supreme Judicial Authority will in no way be a judicial body – of any jurisdiction and of any instance. It is emphasized that the implementation of these proposals will require the development and adoption of a new Constitution of the Russian Federation.

In this article, the first of a series of articles, devoted to the problems of domestic non-federal justice, examines a set of issues related to the constitutional (statutory) courts of the Russian Federation. The author, considering the role and importance of this institution of justice in Russia, the presence of a huge scientific and legal component of its foundation and other factors, as well as the insufficiency of the grounds for its abolition, came to the conclusion that it is necessary to restore it. Taking into account the main drawback of the named institution in the public consciousness – its "high cost" and low "productivity", the author makes specific proposals to offset this shortcoming when recreating – on a new legislative basis – this institution of domestic justice.

This article is the second in a series of author's articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law "On magistrates in the Russian Federation" in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the current vector of development of the legislative regulation of world justice from its federalization to its autonomization, its complete separation from the federal mechanism of justice. In particular: to transfer to the jurisdiction of magistrates the consideration of "minor" economic disputes; in sparsely populated areas to introduce mandatory election of magistrates; in all procedural codes to introduce provisions on simplification of judicial procedures for magistrates; the appellate and cassation instances should be created in the form of the appellate chamber of the district and the cassation chamber of the subject of the Russian Federation, consisting of magistrates who administer justice, respectively, in the district and the subject of the Russian Federation, etc.

The article raises and examines the problem of creating a "line" of offenses and violations of ethical norms, depending on their degree of public danger – from left to right: crime – a criminal offense (which has not yet been legislated in our country) – an administrative offense – violation of the norms of ethical acts (codes, etc.). That will allow to clearly define the place of each violation in conditions of blurring of the boundaries between them in some cases (examples are given) and, accordingly, adequate punishment for each violation. And this will contribute to the improvement of legislation – material and procedural public law sense, to carry out its incorporation, and in the future, it is possible, and codification.

Based on a scrupulous analysis of the chronology and essential characteristics of the amendments to the Constitution of the Russian Federation in 1993, the author came to the conclusion about a clear periodization of these changes (2008 - 2014 - 2020), and after six years, a pattern of projecting the inevitability of the adoption of a new Constitution of the Russian Federation is seen - approximately in 2026. Confirmation of the objective need for a new Constitution are also: the initial defect of a number of constitutional provisions contained in chapters 1 and 2 of the Constitution of the Russian Federation in 1993, which cannot be changed without the adoption of a new Constitution of the Russian Federation; the resulting contradictions (explicit and implicit) between the constitutional provisions contained in сhapters 1 and 2 of the Constitution of the Russian Federation, on the one hand, and chapters 3 - 8, on the other hand; the defectiveness of a number of innovations to the Constitution of the Russian Federation made in 2020 (primarily related to the constitutional foundations of the justice mechanism); and most importantly, it is possible to construct the new Constitution of the Russian Federation in 2026 on a qualitatively different basis with a focus on the future, with a happy society, a highly efficient state structure, a strong economy, etc., which should be based on a national idea, the core of which will be justice sacred to our society. Specific proposals are being made, including what the new Constitution of the Russian Federation should contain.

The article deals with the problems of science as a form of cognition of the surrounding world in terms of systematization of knowledge about the laws of nature, society, the state, thinking. The assumption is justified on the basis of scientific knowledge of the world in the initial phase of the emergence of human civilization: from the discovery of fire (science) and with the regulation of relations in each primitive social formation through education it practices and the consequent formation mechanism of interpersonal non-violent method of resolving disputes, quarrels and conflicts (socio-humanistic Sciences). When considering the problems of fundamental, search and applied science, the author notes that the organizational forms of science (academic, University, industry and – this is new – individual) are not "tied" to the types of research.
Fundamental science, including the science of law, – is, in the author's opinion, a search in the field of obscurity, a problem of the over-horizon level. At the same time, there are those areas of fundamental science of law that arose from ancient times and continue to be relevant today, and they will be in the indefinite future.
As an example of this trend, the author considers the problem of property rights in symbiosis with the problem of justice, in particular, asks the question: what subject of law in our country today owns natural resources by right of ownership? The author believes that the answer here should be based on constitutional provisions, but the current Constitution of the Russian Federation does not contain a direct fixing of this property, which leads to serious negative consequences, which is outlined in this work. The very constitutional basis for regulating these relations should be based on the principles of justice, and all subsequent legislation should comply with it.

The article deals with the problems of Entrepreneurial Law in the era of modern international sanctions pressure on the economy of the Russian Federation. It pays tribute to the merits of Academician of the USSR Academy of Sciences (RAS) V.V. Laptev, who not only created the doctrine of Soviet Economic Law in the era of planned economy, but also justified its modernization into Entrepreneurial Law for a market economy. The current stage of the Russian economy can be considered a mobilization economy – the article discusses the reasons and grounds for this. The article substantiates new approaches to the system of this branch of law as a science, as legislation and as an academic discipline, new subjects and objects of Entrepreneurial, its new institutions, for the Russian Entrepreneurial Law of the period of the mobilization economy; it also substantiates the need to return to such an important institution of Soviet Economic Law as legal regulation of planning, with its new content in in the form of legal regulation of strategic planning.

Based on the premise that justice must necessarily be fair, the article examines the problem of the influence of subjective factors that positively or negatively affect the fairness of judicial acts rendered by judges. The purpose of this study is to identify these factors, which are not taken into account in the lengthy procedures for the selection of candidates and their appointment to the posts of judges, but which, in principle, cannot but affect the quality of justice carried out by judges, first of all, its fairness. The objective of the study is to identify the possibilities of the psychophysiological characteristics of the judge, which are the basis of these factors and their fixation. The results of this study will allow, when they are introduced into law enforcement practice, to increase the effectiveness of justice in terms of issuing fair judicial acts. As a brief conclusion of this study, we should consider the proposal of the need to legislate the mandatory conduct of psychodiagnostic studies of candidates for judicial positions, allowing for a reliable "culling" of those who are not suitable for the implementation of fair justice, as well as the "culling" of current judges who are unsuitable for the implementation of fair justice.

The system of economic (later – entrepreneurial) law, whether it was a branch of law, a branch of legislation, a branch of legal science or an academic discipline, contained an institute for the protection of economic (entrepreneurial) rights, which later became a branch of science, legislation and an academic discipline called "Arbitration process". However, there was no institute for the protection of economic (entrepreneurial) rights before, and there is still no scientific study of this topic. In the article, in order to determine the main thing, it is proposed to distinguish these two institutions by basic provisions: the protection of rights is the adoption of organizational, legal and other measures to restore already violated rights, and protection is the development and implementation of a set of preventive measures that prevent the violation of the rights of an entrepreneurial structure. According to the author, in the first approximation, the components of the institution of protection of rights in the system of Business Law are: the general imperfection of the legislation on entrepreneurship; incomplete legal personality of a number of types of business structures, or even its complete absence in the relevant legal field; physical protection of the structure itself, its owners, managers and other persons; the real possibility of raider seizure; selection and thorough verification of the commercial partner necessary for the business structure, as well as deep, if possible, verification of the reliability of "key" employees and other specialists entering the structure; ensuring computer security in the entire sphere of the structure's life; the danger of transferring an economic dispute to the criminal-legal plane; insurance of business risks.

In the article, in order to expand the horizons of legal science, the problems of future legal regulation with Another Mind, its subjects are considered. According to the author, based on the premise that the Universe is boundless both in space and in time, and "everything can be" in it, in a monochronological projection, where time moves from the past through the present to the future, subjects of Another Mind are both of earthly origin, and alien, alien, alien, galactic, etc. origin, having a carbon basis, as well as subjects of a different basis - silicon, radiant, plasmoid, etc., represent, when entering into appropriate relations with them, a legal component that can be considered a metapravo. And in the multichronological projection, where time is parallel, perpendicular, diagonal, as well as faster and slower – in the widest ranges – compared to ours, etc., relations with Another Mind are unimaginably more complicated, and their legal component will already be a megapravo.