Contents of issue # 11/2018

■ STATE AND LAW IN THE MODERN WORLD: PROBLEMS OF THEORY AND HISTORY

Codification of the Legislation as a Tool of Construction of Social Relations in the Initial Period of the Soviet State (to the 100th Anniversary of the First Soviet Codes)  Pdf 16

D. A. PASHENTSEV

leading research fellow of the Institute of Legislation and Comparative Law
under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

Modern challenges, such as digitalization, globalization, regionalization, change the model of legal regulation, but the fundamental nature of law as a regulator of social relations remains unchanged, only the forms of its manifestation are subject to dynamics. But these forms, for all the observed variability, are not infinite. In this regard, the question of constructing social relations with the help of such a tool as codification, considered in the historical and legal context, is of scientific and practical interest. The purpose of the study is to analyze the codification as a way of systematization of legislation and a tool for the construction of social relations. The solution of such tasks as the analysis of the norms of the first Soviet codes: the Code of laws of the RSFSR on civil registration, marriage, family and guardianship and the Code of laws of the RSFSR on labor adopted in 1918, as well as the identification of the features of labor and marriage legislation of the first years of Soviet power help to achieve this goal. The study was carried out using the methods of post-classical jurisprudence: constructivism and anthropocentrism. The codification of the legislation, carried out in 1918, is considered as a way of constructing social relations in important areas for the state. The specific features of such construction are shown. From the standpoint of anthropocentrism the role of the subject of law in the design of the system of legislation are being revealed. It is concluded that there is a significant discrepancy between the norms of the adopted legislation and law enforcement practice, which is explained by the specifics of the legal consciousness of law enforcement entities. This discrepancy complicated the process of construction of social relations in the spheres of labor, family and marriage, influenced its results. The importance of ideological factors in the process of construction of social relations is emphasized.

Keywords: legislation, codification, code, labour law, marriage and family law, constructivism, law enforcement, legal regulation, Soviet period.

DOI: 10.12737/art_2018_11_1

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New Subjects of the Information Society and the Knowledge Society: To the Question of Legal Regulation  Pdf 16

A. V. POPOVA

professor at the Financial University under the Government of the Russian Federation, doctor of legal sciences, candidate of philosophical sciences, associate professor
49, Leningradsky ave., Moscow, Russia, 125993
E-mail: anna0710@yandex.ru

The author, based on the analysis of normative legal acts, legal documents and existing theories of the information society and the knowledge society, raises the question of the need for early determination of the legal status of new subjects of social relations — artificial intelligence and certain types of robots. According to the author, the further development of the Russian Federation is inseparable from the development of the knowledge society on the basis of modern information technologies, in which artificial intelligence is a necessary basis for the development of a «smart» system of not only economic but also state-legal development of the new Russia on the basis of a combination of breakthrough new technologies and traditional ethical values The purpose of the study: based on the analysis of the theories of the information society and the knowledge society, which are the doctrinal basis of a new type of legal understanding, to prove the need to determine the legal status of artificial intelligence, depending on a certain stage of the digital economy in Russia. The existing various scientific positions on the issue of determining the place and role of robots as subjects of modern legal reality are shown. In particular, it analyses the interpretation of artificial intelligence as a quasisubject, digital identities, electronic, face, object relations etc. The Author believes that the need for legislative consolidation of various types of legal status of artificial intelligence depending on its objectified form and its characteristics. The research methodology consists in the use of hermeneutics, methods of interpretation of legal texts and formal-logical tools in the systematic analysis of normative legal acts and technical standards, as well as scientific works of representatives of the doctrines under study. It is concluded that it is necessary to create legislation on artificial intelligence in order to implement the program “Digital economy of the Russian Federation” and the Development strategy of the digital society in the Russian Federation for 2017—2030 to create the knowledge society based on the development of digital technologies that contribute to the qualitative improvement of human life.

Keywords: information society, knowledge society, digital economy, artificial intelligence, subject of law, object of law.

DOI: 10.12737/art_2018_11_2

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Legal Technologies of Legal Analysis  Pdf 16

V. Yu. LUKYANOVA

head of the Laboratory of legal monitoring and sociology of law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of philosophical sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: vlada.lukianova@rambler.ru

The article is devoted to the legal analysis as one of the important tools to improve the efficiency of the Russian legal system, as well as to the identification of legal technologies used for the purposes of legal analysis, their features and interrelation. The study of legal technologies used for the purposes of legal analysis in the framework of this study is carried out on the basis of formal-legal and systemstructural analysis of the Russian legislation governing the use of a number of legal technologies, including the development of concepts of legislative acts, assessment of the regulatory and actual impact of regulatory legal acts, as well as monitoring of law enforcement, and its application, critical study of the main results of scientific and analytical research, related to the implementation of these legal technologies. Within the framework of comparative legal research, the experience of legal regulation of the issues of application of legal technologies by the constituent entities of the Russian Federation and municipalities is studied, which allows to assess the degree of elaboration of these issues in regional legislation, as well as to identify various schemes of organization of the regulatory impact assessment of regulatory legal acts and assessment of their actual impact. On the basis of the conducted analysis the author’s understanding of the essence of legal analysis, its goals and main tasks were formulated, and the conclusion was made about the need to develop a comprehensive methodology of legal analysis, which would combine the development of the concept of the draft regulatory legal act, assessment of its regulatory and actual impact, monitoring of law enforcement, and which could be used to solve the whole set of tasks of legal analysis.

Keywords: legal analysis, legal technology, regulatory impact assessment, actual impact assessment, law enforcement monitoring, legislation effectiveness.

DOI: 10.12737/art_2018_11_3

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Subjects of Innovation in Law  Pdf 16

E. Yu. KURYSHEV

head of the Department of civil law of the Saratov Military Red Banner Institute of National Guard Forces of the Russian Federation, candidate of legal sciences, associate professor
158, Moskovskaya st., Saratov, Russia, 410023
E-mail: Kurisheff.ewg@yandex.ru

Modern requirements for innovative renewal of law should be expressed in an integrated, proactive application of new law ideas which appeared in a natural social environment for the objective construction of a balanced law order. Nowadays, in many legal systems, including Russian one, it requires more substantial resources of society and the state to improve it. Based on it, the purpose of this study is to analyze the subject composition in the mechanism for implementing innovations in law. Within the framework of the purpose, the following tasks are formulated. Firstly, it is necessary to establish in what circumstances and who can make innovations to the law system and directly to the law. Secondly, it is necessary to determine the composition and types of subjects of innovation in law and, thirdly, to give a qualitative characteristic to the identified subjects of innovation in law. Methods of analysis and synthesis, systematic, functional, formal-logical, comparative and historical methods are used in this paper. The scientific substantiation of the presence of subjects in the implementation mechanism of innovations in law is given. In the scientific revolution it is proposed to introduce the concept of law innovation activity of the subject of law innovation, which is expressed in maintaining existing law traditions and timely introduction of innovative law material into the law life, and directly into the law system. The following classification of subjects of innovation in law is established: depending on the functions performed in one or another law system, depending on the applied form of innovation in law in a certain historical period of law development. It is determined that law innovation diffusion as one of the stages of the mechanism of law innovation in a temporary respect plays a huge role in the innovation process of law updating of the information state and society.

Keywords: innovations in law, subjects of law innovations, law innovation activity, law contemplation, artificial law intelligence, law diffusion, endogenous innovation, law reception.

DOI: 10.12737/art_2018_11_4

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■ CIVIL AND FAMILY LAW. BUSINESS LAW

The Renvoi in Private International Law: The Russian Legislation  Pdf 16

N. I. MARYSHEVA

chief research fellow of the Department of private international law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: pil@izak.ru

The article investigates the problem of the renvoi as an institution of private international law that limits the effect of domestic conflict-of-laws rules within certain limits. The problem arises in connection with the need to address the issue of the application or non-application of Russian law in the case where the Russian conflict of laws rule prescribes the application of foreign law, and this foreign law (its conflict of laws rule) indicates the application of Russian law, i.e. sends back. It is possible to refer a foreign conflict-of-laws rule to the law of a third state. The purpose of the study is to analyze the provisions of the Russian legislation on the the renvoi in comparison with the regulation in the legislation of a foreign state, as well as in the previously existing domestic law. The author comes to the conclusion that the non-acceptance of the renvoi in the Russian legislation with the assumption of its acceptance as an exception when it comes to the application of the law determining the legal status of an individual (article 1190 of the Civil Code) corresponds to world practice. Although the complexity of the issue of the renvoi and differences in approaches to its solution in doctrine give rise to differences in the legislation and practice of individual countries, legislators more often find a compromise solution, accompanying the basic rule with exceptions for certain categories of cases. Attention is drawn to the fact that the law (paragraph 2 of art. 1190 of the Civil Code) does not contain a categorical requirement to accept the renvoi, which gives the court the opportunity to determine at its discretion the legal regime more closely related to the attitude in question and more favorable to the person, allows to take into account the interests of the "weak" party. Assessing the significance of the changes made to article 1190 of the Civil Code by the Federal law of September 30, 2013 No. 260-FZ, the author concludes that the exclusion from paragraph 2 of this article the list of specific articles of the civil code, that are subject to this paragraph, does not change the substance of the regulation, but allows to apply the renvoi outside the scope of these articles, in particular (by analogy) in the field of family law (for example, to marital capacity). Acceptance of the renvoi is not excluded in other cases, except provided in paragraph 2 of article 1190 of the Civil Code, if it is stipulated in special legislative acts or in international treaties of the Russian Federation.

Keywords: the renvoi, choice of law, foreign law, the conflicts rule, the legal status of individuals, family relations involving foreigners.

DOI: 10.12737/art_2018_11_5

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Civil Equivalence: Concept and Essence  Pdf 16

V. V. GRUZDEV

associate professor at the Department of civil and entrepreneurial law of the Novosibirsk State University of Economics and Management, candidate of legal sciences
56, Kamenskaya st., Novosibirsk, Russia, 630099
E-mail: gruzvlad@rambler.ru

Civil equivalence has important doctrinal and practical importance, and in this regard it has traditionally been considered as civil science. At the same time, the explanation of this phenomenon is made from different positions, including social-economic and special legal approaches. Using the formal-logical and historical research methods the author proves that the understanding of civil law equivalence should be based on its specific legal interpretation. To this end there is a viewpoints analysis on the nature of the subject-matter, the author’s vision of equivalence in civil law is proposed and the existing derogations from it have been investigated. It is concluded that the civil equivalence is proportionate in quantitative and qualitative comparison distribution of subjective civil rights and civil legal duties in legal communication, ensuring the property independence of its participants. An equivalent civil duty presupposes that the debtor will receive or has already received from the creditor a property benefit in the amount corresponding to the property encumbrance that the duty delivers to it. In the marked property-legal correlation (proportionality) it is the essence of the phenomenon under study. Evidently, in the system of concepts and categories of civil science, the equivalence characterizes the legal content of the legal relationship and, as such, is the main option for the distribution of rights and obligations in such legal relations. The equivalence does not matter as the civil law principle because there are necessary deviations from it, namely regulatory relations according to the will of the subject, assuming nonequivalent duty, and a protective nonequivalent relationship. Equivalence is the main, but not the only option for the distribution of rights and duties, which serves as the coordination of the civil relations parties, and therefore is in the field of civil law.

Keywords: civil legal relationship, property independence of subjects, civil equivalence, nonequivalent transactions, nonequivalent protective legal relations.

DOI: 10.12737/art_2018_11_6

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A Membership’s Legal Status Peculiarities of Self-Regulatory Organizations in the Construction Industry  Pdf 16

T. V. DAUTIYA

applicant at the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: tdautiya@yandex.ru

The requirement for mandatory membership of a self-regulatory organization in the construction industry as a prerequisite for special legal capacity of the owner’s entrepreneurial activity leads to increased interest in the membership status of a self-regulatory organization as it grants it additional rights and duties. To a greater extent, membership in a self-regulatory organization leads to a number of restrictions as a consequence of compliance with certain laws and local acts of a self-regulatory organization. The article looks at peculiarities of acquiring the status of the self-regulatory organization member in the construction industry. The subject is studied in accordance with the recent changes in the urban planning legislation that gives ground for a special franchise emergence. The work analyses general nature of what members of self-regulatory organization constitute and general provisions of the legal status of self-regulatory organization members in the construction industry. The article also focuses on establishing a relation between entry into force of a decision on acquisition membership status by a self-regulatory organization and the party’s involved in construction activity when fulfill requirements by making payment to an indemnification fund. The author concludes that payment of a contribution to the indemnification fund is an act of goodwill of a candidate for membership in a self-regulatory organization, since at the time of payment the powers of a self-regulatory organization for making such decisions are not in effect and local acts haven’t got legal force yet. As a result, in the event that a subject fails to fulfill the obligation to contribute to the indemnification fund, the self-regulatory organization has no rights to ask the court to force the candidate to make that contribution to the indemnification fund. The author identifies several problematic areas of regulatory enforcement and outlines possible solutions through introducing changes to Town-Planning Code of Russia.

Keywords: member of self-regulatory organizations, construction, special franchise, decision of a self-regulatory organization on acquiring membership status, payment to an indemnification fund.

DOI: 10.12737/art_2018_11_7

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■ LABOR LAW AND SOCIAL SECURITY LAW

Drug Provisioning for Persons with Disabilities: Theoretical and Practical Issues  Pdf 16

N. S. VOLKOVA, O. Yu. EREMINA

N. S. VOLKOVA, deputy head of the Department of social legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: volkova@izak.ru

O. Yu. EREMINA, research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: eremina_ou@mail.ru

The authors investigate the current issues of drug provisioning regulation for disabled persons. The research aim is to study the existing mechanism that regulates relations in connection with the medicinal care delivery for persons with disabilities. The objectives of the study are the defect identification in the regulation of the above-mentioned sphere, the study and synthesis of issues arising in law-enforcement and law-enforcement practice related to the provisioning disabled persons with drugs and medical goods. It is noted that the drug provisioning for persons with disabilities is not only an essential element of medical care, but also refers to the social security system. The current regulation of this sphere is not a single orderly system, but is a fragmented set of norms contained in regulatory acts of different sectoral affiliations. The regulation defects of relations in connection with the drug provisioning for persons with disabilities, resulting in the rights infringement of this socially vulnerable category of citizens, are identified. The author analyses the formed legal positions of the courts on issues related to the rights execution by persons with disabilities in the field of drug provisioning. The attention is drawn to the need for timely adjustment of interrelated legislative acts’ norms, due to changes mediating the introduction of new technologies in the areas of health and social protection. The ultimate goal of improving the normative regulation of the analysed sphere of relations should be a balanced system for the drug provisioning for people with disabilities, ensuring that their constitutional rights to proper medical care and social support are respected.

Keywords: drug provisioning, medical care, disabled, social assistance, social guarantees, vital and essential drugs.

DOI: 10.12737/art_2018_11_8

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Homeschooling Regulation on Regional and Municipal Levels  Pdf 16

V. Yu. MATVEEV

head of the Laboratory of educational law of the Law institute of the Moscow City University, candidate of legal sciences
4, 2nd Selskokhozyaystvenny driveway, Moscow, Russia, 129226
E-mail: MatveevVU@mgpu.ru

Despite the fact that such an institution of Russian legislation on homeschooling is known for a relatively long time, nevertheless, Federal legislation on this issue is extremely fragmented. This fact generates quite different standard-setting practice in the Russian regions and municipalities. The existing homeschooling regulation practice at these levels has not been comprehensively evaluated from the point of view of the parameters considered in the article. The purpose of this article is to consider the existing homeschooling regulation practice at the regional and municipal levels in terms of the educational programs range that are allowed to study in this form, and the issues of compensation for the parents expenses (legal representatives) associated with their children’s General education in the family form, and some other issues. The methodological basis of the analysis is a general philosophical research methods and private scientific (special) research methods, including formal logical interpretation and complex analysis. According to the results, it is concluded that the existing regulation practice of the homeschooling institution at the regional and municipal levels is characterized by a significant variety, due to the lack of detailed regulation of this institution at the federal level. At the same time, despite the direct indication in the Federal legislation, the understanding of the range of educational programs that can be taught in the form of homeschooling differs significantly from the federal legislator in regional and municipal acts, as well as in legal journals.

Keywords: homeschooling, form of education, compensation of expenses.

DOI: 10.12737/art_2018_11_9

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■ ADMINISTRATIVE LAW. FINANCIAL LAW. INFORMATION LAW

On Staff Training Issues for the Digital Economy Development  Pdf 16

O. A. STEPANOV

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: o_stepanov28@mail.ru

The article considers important aspects of staff training for the digital economy development in Russia. The creation of the digital economy as a different economic type involves the founding a national system that implements the solution of a full range of tasks related to the management of socio-economic processes in the country on the basis of introducing artificial intelligence systems. At the same time, creating a digital economy infrastructure is designed to be based on a unified technological platform that unites information systems of federal executive authorities, constituent entities of the Russian Federation, local self-government bodies and business entities. Such a platform will have to be created in the period until 2024. The main guidelines for education are: the creation of key conditions for training the digital economy; the education system improvement, which should provide the digital economy with competent staff; a labor market, which must be based on the demands of the digital economy; the creation of a system that motivates to develop necessary competencies and the staff participation in developing digital economy in Russia.

Keywords: frames, the digital economy development, human freedom, security.

DOI: 10.12737/art_2018_11_10

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Legal Regulation of Additional Professional Education of Civil Servants  Pdf 16

D. I. KOVTKOV

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: Dimak1982@yandex.ru

the point of view of sufficiency of its legal regulation, as well as from the point of view of its compliance to modern social and economic development of society, and also satisfaction of need for professional development of the civil servant. The issue of professional development of civil servants is one of the most important in the system of public service and personnel policy of the state and its state bodies. The article states that currently the training of qualified professional personnel and scientific and methodological support of such training is one of the important directions of the Russian state policy. It is noted that one of the main problems of additional professional education is their training without using the technologies of individual planning of their professional development and career development on the basis of a comprehensive assessment of knowledge and skills. As a result, the motivation of civil servants to receive additional professional education and professional development is reduced, as the results the training do not create sufficient opportunities for their professional development and career development. In addition, not high efficiency of additional professional education of civil servants is associated with the dominance of the traditional approach to the organization of the training: too much of lecture hours with a minimum practice-oriented activities; involvement in the training of civil servants mainly the teachers of educational organizations, not practitioners. An important reason for the low efficiency of additional professional education is its inconsistency with the principle of “advanced training”, implying the provision of students with knowledge that will be relevant in the future.

Keywords: additional professional education, state civil service, civil servant, professional development.

DOI: 10.12737/art_2018_11_11

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■ CRIMINAL LAW AND CRIMINOLOGY

The End of the Ongoing Theft with Specified Intent  Pdf 16

R. O. DOLOTOV

associate professor at the National Research University “Higher School of
Economics”, candidate of legal sciences
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: rdolotov@hse.ru

The article deals with the problem of qualification of continuing crimes in the partial realization of a specified intent. The main purpose of the study is to find an answer to the question of when such activities should be considered as a completed crime, and in what cases, as an attempt on a crime. To achieve this goal, the author solves two problems. He reveals logical contradictions in the theoretical justification of the rules of continuing crime’s qualification taking into account a partial realization of a specified intent, and analyzes the Russian judicial practice. Achievement of the declared goals of research is provided by application of a dialectical method of scientific knowledge, and also a number of other private-scientific methods: generalization, analysis, induction and deduction. It is concluded that the actually ongoing crime can continue after the moment of its legal termination. If a person with a specified intent intended to steal in parts money in the amount of more than 1 million rubles (in a particularly large amount, for example, part 4 of article 158 of the Criminal Code), and he managed to steal money in excess of 1 million rubles, the deed should be considered as a completed crime in a particularly large amount, even if the purpose of taking the entire amount was not achieved. The article also substantiates that in such cases it is not necessary to qualify additionally as an attempt an unsuccessful attempt of theft, in which the person was detained. This act is covered by the composition of the completed theft, in which the legal moment of its termination occurred earlier than the actual one.

Keywords: specified intent, continued crime, attempted crime.

DOI: 10.12737/art_2018_11_12

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Criminal Legislation Novels: Problems of Design and Application  Pdf 16

E. V. GUSTOVA

senior lecturer at the Department of criminal law of the Kikot Moscow University of the Ministry of Internal Affairs of the Russian Federation, candidate of legal sciences
12, Akademika Volgina st., Moscow, Russia, 117437
E-mail: ellagustova@mail.ru

The article discusses some changes of the Russian Criminal Code in 2017—2018. The author analyses these changes, the peculiarities and possible difficulties of applying the new rules, especially those articles of the Criminal Code, which was substantially amended. Attention is drawn to the imperfection of these changes, leading to the destabilization of legal provisions. The purpose of the work is a comprehensive analysis of changes and amendments to the Russian criminal legislation, the grounds of criminalization of acts. As a result author develops some recommendations to improve the existing criminal legislation. Objectives of the study: to analyze the problems of rational application of rules of the Russian Criminal Code; to identify the negative factors that impede their implementation; to formulate theoretical and practical provisions that contribute to the creation of a holistic concept of development and efficiency of legal technology in criminal law; to identify the main gaps and shortcomings in the design and application of criminal law. The methodological bases of the study were the dialectical method of scientific knowledge, formallogical, systematic, statistical, sociological, method of comparative law. The author has developed recommendations aimed at minimizing (leveling) the identified problems, based on the logical interpretation of the criminal law and the rules of qualification. The main shortcomings of the current criminal legislation were identified. They include unsystematic amendments to the criminal law; criminological and social groundlessness of many innovations; lack of scientific support of the legislative process and the lack of a system of expert assessments of draft laws; exaggeration of the role of criminal repression in improving social relations, etc.

Keywords: criminal law, novelties of the criminal law, construction, criminal law, law enforcement, the deficiencies of the criminal law.

DOI: 10.12737/art_2018_11_13

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■ INTERNATIONAL LAW

International Legal Approaches in the Practice of the Court of the Eurasian Economic Union  Pdf 16

K. L. CHAYKA

judge of the Court of the Eurasian Economic Union, candidate of legal sciences, honored lawyer of the Russian Federation
5, Kirova st., Minsk, Belarus, 220006
E-mail: chaika@courteurasian.org

International courts use a wide range of sources in their practice. Some of them, such as the generally recognized principles and rules of international law, are part of the applicable law, while others, such as the practice of international courts, are a means of learning — a tool that contributes to the understanding of legal norms. The law of the Eurasian Economic Union (EAEU), introducing the concept of universally recognized principles and norms of international law, does not disclose its content. According to the author, the definition of this concept is of great importance for understanding the range of legal norms that can be applied by the EAEU Court. The next important issue is the perception by the EAEU Court the approaches eveloped in the practice of other international judicial bodies. The EAEU Court as a regional court in the formation of its own practice focuses on the approaches of both universal and sectoral and other regional international courts. The purpose of the article is to reveal the content of the concept of universally recognized principles and norms of international law as one of the sources of the EAEU law. The use of approaches of international judicial bodies in resolving cases by the court of the Union is analyzed. The author makes the identification of those common legal frameworks that allow the EAEU Court the practice of other international courts as persuasive precedent (persuasive precedent). The use of teleological interpretation and the method of comparative analysis allow us to conclude that the use in the framework of the EAEU universally recognized principles and norms of international law, the unity of the legal bases of regulation of individual spheres of legal relations in the framework of the EU and the Eurasian Economic Union (customs legal relations, measures sewn in the internal market), the need for the protection of human rights and fundamental freedoms allow the Court of the Union to use the position of other international courts as a means of knowledge when making decisions. The application of the retrospective method demonstrates the development of certain elements of the EurAsEC Court’s practice by the EAEU Court. The author comes to the conclusion that the application of the legal position of another international court by the EAEU Court requires the similarity of legal norms. If there is such similarity, the derogation from the practice of other international courts should be strictly justified. One of these grounds may be the protection of the rights and legitimate interests of economic entities.

Keywords: generally recognized principles of international law, human rights and fundamental freedoms, EAEU Court, ECHR, Court of Justice of the EU, EurAsEC Court.

DOI: 10.12737/art_2018_11_14

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■ SCIENTIFIC FUNDAMENTALS OF COUNTERING CORRUPTION

Everyday Corruption in the Field of Medicine and Education: Issues of Criminalization  Pdf 16

A. V. SAVINSKY

associate professor at the Department of criminal law and procedure of the Lomonosov Northern (Arctic) Federal University, candidate of legal sciences, associate professor
58, Lomonosov ave., Arkhangelsk, Russia, 163001
E-mail: av_savinskiy@mail.ru

The article is devoted to the current problem of modern medical education for ordinary teachers and medical workers of illegal material compensation (professional requisitions) for the performance of their professional functions. The shameful practice of levying illegal taxes on the performance of professional requisitions by workers in the social infrastructure has become widespread, especially as it has maliciously taken root in areas as vital to the social sphere as education and health. With the connivance of the state, citizens, in fact, were forced to reconcile with the need for “thanksgiving” for the declared free treatment and education. The author claims that professional requisitions have a high public danger, because they lead to public compromise and degradation of free medicine and education, to violate the constitutional rights of citizens, to reconcile society with corruption. In this regard, the criminalization of professional requisitions is required. The purpose of the article is to conduct a criminal-legal express analysis of professional requisitions from medical professionals and teachers, and the tasks are to clarify the public danger of this mass phenomenon, to establish the existence in the Russian criminal legislation of a gap in the punishment for professional requisitions, to develop proposals for making additions and changes in the current Russian criminal law for their criminalization. When writing this article, we used such methods of scientific research as formal-legal, historicallegal, sociological, comparative-legal. As a result of the study, conclusions were drawn that professional requisitions from ordinary teachers and medical workers have an undoubted public danger. Any actions of physicians and teachers, with legal consequences, should be considered actual performance of organizational and administrative functions, and receiving compensation for this, therefore, is nothing but a corrupt act. In order to increase the effectiveness of countering corruption, it is necessary to criminalize professional requisitions. Suggested options for introducing a criminal-legal prohibition on obtaining illegal remuneration for theperformance of professional functions: 1) through the introduction of additional rules in the Criminal Code of the Russian Federation relating any actions of professional employees with legal consequences to organizational and administrative powers; 2) through an extensive legal interpretation by the Plenum of the Supreme Court of the Russian Federation of the organizational and administrative powers of officials; 3) by supplementing the Criminal Code of the Russian Federation with a new article prohibiting the receipt of illegal remuneration by employees of various branches of the social infrastructure.

Keywords: bribes, professional requisitions, commercial bribery, corruption, organizational and administrative functions, criminalization.

DOI: 10.12737/art_2018_11_15

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■ REVIEWS

Review of the Monograph “The Russian State in 1917” (ed. by S. A. Bogolyubov, D. A. Pashentsev, V. A. Seleznev. Moscow, 2018. 292 p.)  Pdf 16

A. G. CHERNYAVSKY

doctor of legal sciences, professor

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■ LEGAL LIFE. CHRONICLE

Law in the Era of Biotechnologies (Review of the Student Conference)  Pdf 16

S. B. BALKHAYEVA, O. I. SAKAYEVA, N. S. VOROBYEV

S. B. BALKHAYEVA, leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences

O. I. SAKAYEVA, research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

N. S. VOROBYEV, specialist of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

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