Contents of issue # 5/2018

Right to Work: Constitutional and International Aspects

L. A. CHIKANOVA

head of the Department of labour and social security legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: labour@izak.ru

The article deals with the legal nature of the right to work as one of the most important human rights. Different points of view expressed in the legal literature on the concept and content of the right to work are analyzed. The author does not share the view in the legal literature that the right to work under the current Constitution does not have an independent meaning, but is an element of freedom of work or it can be considered only in a narrow sense, i.e. as the right to labor protection. In the author’s opinion, on the contrary, freedom of work is included in the content of the right to work. Freedom of work is manifested in the potential of the citizen’s choice of the sphere of application of their labor abilities. The right to work implies not only the possibility for a citizen to choose the sphere of applying his or her labour abilities, but also the assistance of the state in realizing this possibility. Analyzing various points of view of representatives of labor law on the issue under consideration, as well as Russian and international law, the author concludes that the Russian Constitution enshrines the right to work as such in the meaning that is given to it by international acts. As for the formula of the Constitution of the Russian Federation: “the right to work in conditions that meet the requirements of safety and hygiene”, it does not in any way indicate the absence of the right to work. On the contrary, this wording of the Constitution establishes a qualitatively new content of the right to work, i.e. not just the right to work, but the right to work in conditions that meet safety and hygiene requirements. In other words, the current Russian Constitution in a certain way expands the content of the right to work, adding a new element — the right to working conditions that meet the requirements of safety and hygiene.

Keywords: the right to work, freedom of work, Constitution, international norms, conditions of safety and hygiene, the content of the right to work.

DOI: 10.12737/art_2018_5_1

The Potential of Environmental Norms of the Russian Constitution

S. A. BOGOLYUBOV

head of the Department of environmental legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor, honored scientist of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: bogolyubovsa@mail.ru

The development in the environmental sphere of constitutional values and norms passed through several stages; proposals on the legalization of ecological functions of the state, the recognition of the state environmental are regularly made. Twenty-fifth anniversary of the Constitution drew attention to the efficiency of concretization of the regulation in the field of ecology; the most relevant are the purposes of ensuring greening and justice of the legislation, combining ecology with economy through strategic planning. The call of constitutional preamble to honor the memory of ancestors who conveyed to us the faith in the justice needs practical interpretation through the use and protection of natural resources in the interests of the majority of citizens on a fair basis, to guarantee the common use of waters, forests; favourable natural environment is the basis of health, labor, rest and human life, significant factor in his social security; citizens should have opportunities of discussion, adoption, implementation of environmental decisions, the implementation of public environmental control, public hearings. The relationship of economy and ecology occurs in rivalry, the law is intended to balance economic and environmental interests, overcoming their contradictions, which are determined by the freedom of economic activity, recognition of land and forest plots, ponds, animals, common and extracted commercial minerals of civil turnover, on the one hand, and the need for substantial funding for the environmental protection on the other. The strategy of economic security of the Russian Federation to the main challenges and threats relates the establishment of redundant requirements in the field of environmental security, the rising costs of meeting environmental standards of production and consumption. In the natural sphere, in order to overcome the confrontation between the economy and the environment, it is advisable to restore planning in a competitive environment, where mankind is able to predict, shape the future based on environmental, demographic, social, economic, political forecasts, use of statistical data, economic evaluation of natural and anthropogenic objects, whereby use of the constitutional environmental potential increases.

Keywords: the Constitution of Russia, ecologization, justice.

DOI: 10.12737/art_2018_5_2

Implementation of Constitutional Norms and Protection of Human Rights in Domestic Criminal Proceedings

M. S. MATEYKOVICH

judge of the Tyumen Regional Court, doctor of legal sciences, professor
1, 8 Marta st., Tyumen, Russia, 625038
E-mail: mat-maxim@yandex.ru

Human rights are one of the basic values of the Constitution of the Russian Federation. As follows from its preamble, the assertion of human rights and freedoms is the first among the goals for which the Russian people adopted its Basic Law in 1993. The purpose of the study is to analyze the implementation of the two main tasks of criminal justice: protecting the rights and legitimate interests of individuals and organizations that have suffered from crimes and protecting the individual from unlawful and unreasonable accusation, condemnation, restriction of her rights and freedoms in the context of the balance of constitutional values. The author reviewed modern literature on this issue, analyzed the legal positions of the Constitutional and Supreme Courts of the Russian Federation, the European Court of Human Rights, made generalizations, including on the basis of his own experience in the appellate instance of the Tyumen Regional Court. In the author’s opinion, the Constitution of the Russian Federation in itself has a regulatory capacity, the use of which will make it possible to significantly reduce the number of judicial errors entailing the violation of human rights in criminal proceedings. It points to the need to overcome the stereotype that the legal positions of the Constitutional Court of Russia are acts of a recommendatory nature. In the work, there is a close relationship between the constitutional and moral and ethical foundations of criminal proceedings, which should determine the decisions and actions of the judge, investigator, prosecutor, lawyer. Proposals are being made to improve the control powers of the court during the preliminary investigation.

Keywords: Constitution, criminal justice, human rights, justice, judicial errors.

DOI: 10.12737/art_2018_5_3

Ensuring of Ethnic Individuality in the Context of Realization of the Collective and Individual Rights

M. B. NAPSO

professor at the North-Caucasian State Humanitarian and Technological Academy, doctor of legal sciences
36, Stavropolskaya st., Cherkessk, Russia, 369000
E-mail: ncshta@mail.ru

The article is devoted to a problem of legal groundwork for protection of national identity and ethnic individuality. Each individual has the right to be national expressed in the same measure, as well as each nation has the right to keep and develop its originality. In the conditions of globalization this problem, on the one hand, acquires a special topicality, on the other hand, has chance to be solved. Proceeding from it the author sets a goal to show value and a role of the collective rights in realization of the individual rights. Among tasks in hand, except the analysis of possibilities of the institute of the rights of the nation in realization of the right to ethnic individuality: studying of specificity of the collective rights and their distinctive signs; the characteristic of difficult interrelation of the collective and individual rights; consideration of arguments against and for benefit of the statement of the rights of the nations in their complete volume and according to their acknowledgement as special system of the rights in structure of human rights or as independent institute. Principles of integrity, systematicity and objectivity became a methodological basis of research. Recognizing doubtless importance of realization of human rights, the author comes to a conclusion about necessity of consideration of a problem of ensuring of ethnic individuality in a context of realization of the collective rights, the rights of the nations. Importance of such approach is based on the thesis that a reality of realization of the right of the individual to be national expressed depends on the fact of existence of an ethnic generality as cultural specific unit and its condition. And it is in its turn provided by availability and quality of realization of the rights of the ethnic community, i.e. the rights of nations. The second conclusion is necessity of state-legal provision of the rights of the individual and the rights of nations. The author is absolutely convinced that in a question of preserving of national identity the greatest value has activity of the state aimed at all-around development of ethnic communities.

Keywords: the collective and individual rights, ethnic individuality, national identity, the state, an ethnic community, human rights, the rights of nations.

DOI: 10.12737/art_2018_5_4

Law-Enforcement Practice: Specifics of Meaning-Making

Yu. A. GAVRILOVА

associate professor at the Volgograd State University, candidate of legal sciences, associate professor
100, Universitetsky ave., Volgograd, Russia, 400062
E-mail: gavrilova_ua@volsu.ru

The problem definition — to elaborate a whole picture of law-enforcement meaning-making, which is a new concept of jurisprudence, reflecting the specifics of scientific knowledge and analysis of the applied aspects of law-enforcement practice. The purpose of the study is to consider the specifics of meaning-making in law- enforcement practice. Research tasks are to highlight some techniques used in law-enforcement practice, and to characterize them as elements of the general concept of law-enforcement meaning-making, to determine their original meaning and the scope of possible use, to reveal their interdependence for research of keyword parties to practice of law-enforcement, to designate prospects of development of proposed direction in the theory and practice of legal regulation. In the article are used formal legal, specific sociological and comparative legal methods. In the law-enforcement practice is traditionally defined composition of instruments through which is implemented the solution of specific legal cases, are elaborated rough guides for the activities of law-enforcers and formed a uniform practice of realization of law sources. Theoretical and practical possibilities of each legal tool used in law-enforcement practice, cannot be overstated, as they are all interlinked. However, its main focus on the search of the situational meaning of the right, the nucleus of the law-enforcement meaning-making, are highlighted and are considered as basic tools the interpretation and concretization of law in their unity and relationship. They are complemented, if necessary, using analogies, subsidiary law-enforcement and other legal instruments, which can objectively and in parallel to generate uncharacteristic for law-enforcement activity results to update and completion meaning of law. The ambiguity of their doctrinal assessment is compensated in varying degrees to their practical role: to ensure a stable and typical for the logic of the legislator the direction of law-enforcement practice, and more accurate account the variability of practice, to support socially important trends in the understanding and application of law. Consideration of all these phenomena of the law-enforcement practice in the context of law-enforcement meaning-making is the most important knowledge way to unsolved mysteries of the meaning of law.

Keywords: law-enforcement practice, meaning-making, analogy of the law, the analogy of law, subsidiary law-enforcement, concretization of law, interpretation of law.

DOI: 10.12737/ art_2018_5_5

The Issues of Public Order and Characterization in Regulation of Family Relations Involving a Foreign Element

V. A. KANASHEVSKY

professor at the Department of private international law of the Kutafin Moscow State Law University, doctor of legal sciences, professor
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
E-mail: seleron75@mail.ru

The author researches the issues of public policy rules application to family relations involving a foreign element, including the issues of refuse in recognition of polygamy marriages, same-sex “marriages” and “civil partnerships” as well as refuse in recognition of discriminatory conditions related to legal capacity of the persons entering into marriage, or divorcing spouses. These issues are closely related to the concept of characterization in private international law which is not very developed in the Russian doctrine. The purpose of this article is the analysis of the provisions of Russian and foreign laws regarding the public policy rules application in considering the family law disputes that involve a foreign element. Primarily, this article focuses on the legal effect of polygamous marriages and same-sex unions in Russia. The research is based on comparative method. The author provides examples from a foreign case law regarding application by the courts of public order clauses, as well as characterization rules
application in solving the family law disputes involving the foreign element. The author comes to the conclusions that foreign courts usually do not take into account the various “extraordinary” restrictions for marriage (marital unfaithfulness, mourning time, etc.) on the basis of their contradiction to the national public order, and the number of countries’ case law does not consider such restrictions as relative to the marital capacity. Non-recognition of polygamous and same-sex marriages’ legal consequences in Russia is based on the interpreting the definition of marriage as a “union of a woman and a man” (Article 1 of the Russian Family Code). The “same-sex marriages” also shouldn’t be recognized in Russia by virtue of characterization rules (i. e. rules of the legal concepts’ interpretation contained in the conflict of laws rules), which (characterization) is carried out in accordance with the Russian law. The characterization of such notions as “same-sex partnerships” or “unions” must be carried out under respective foreign law due to the absence of these concepts in the Russian family law. Consequently, these notions have legal characteristics under the relevant foreign law, however the legal consequences under Russian laws (family, hereditary, housing, etc.) may not be applied to such same-sex “marriages” (“unions”, “partnerships”). Unlike same-sex marriages in solving the issues of polygamous marriages (awarding alimony, distributing of inheritance property, resolving the disputes over children etc.) the Russian courts may follow the relevant foreign law.

Keywords: marriage, same-sex marriage, civil partnership for same-sex couples, characterization, conflict of law rule, public order, applicable law, foreign law.

DOI: 10.12737/art_2018_5_6

Responsibility for Breach of Contract in the Electric Power Industry

O. A. SIMVOLOKOV

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

The legislator recently began to pay special attention to issues of civil liability in the electric power industry. The introduction of not only liability rules but also other remedies should be considered as a positive trend that displays implying an integrated approach to counteract violations of electricity legislation and treaties in this field. The article analyzes the civil responsibilities’ features for breach of contract in the electric power industry, as well as other remedies. Attention is drawn to the trend of active legislative consolidation of penalties. The reasonableness of attributing the liability conditions for breach of contract to the essence of the contract is analyzed. The civil-law nature of the fines applied by the Market Council to the wholesale market entities in accordance with the agreement on accession to the wholesale market trading system is substantiated. The legal qualification of compensation for property losses is given. The problem of non-payments in the electric power industry is analyzed and the means of its overcoming are proposed. The conclusions state the disparate regulation of civil liability for breach of contract in electric power industry, unreasonable application of various approaches to the regulation of liability, taking into account the subject composition of relations and using different levels of regulation, the application of rifle approach are formulated. The author comes to the conclusion that the issues of liability for breach of contract in the electric power industry need a systemic regulation.

Keywords: civil liability, contractual obligations in the electric power industry, penalty, damages for losses, interest for breach of monetary obligation, compensation of losses, corporate sanctions, nonpayments, limiting the electric energy consumption, calculation methods for determining the amount of electricity consumed, supplier, systematization.

DOI: 10.12737/art_2018_5_7

The True Purpose of Criminal Punishment and the Criteria for Its Attainability

V. F. LAPSHIN

professor of the Department of criminal law and procedure of Yugorsk State University, doctor of legal sciences, associate professor
16, Chekhov st., Khanty-Mansiysk, Russia, 628012
E-mail: kapitan-44@yandex.ru

The purposes of punishment were officially fixed in the domestic criminal legislation in the beginning of the last century. However, due to the high degree of the description’s abstractness, none of them has until now received universal approval in the domestic criminal law doctrine. At the same time, the official goal of punishment is a reflection of the current criminal policy. It allows determination of the law enforcement activities’ effectiveness and identification of shortcomings in normative regulation both in the field of criminal law relations and in crime prevention in general. Therefore, in order to formulate the actual goal of criminal punishment, it is necessary to determine the set of criteria for the real attainability of the punishment types provided for by criminal law. This study assumes the formulation of criminal punishment’s actual purpose, which can be achieved as a result of established criminal-legal prohibition. To achieve this goal, it is necessary, firstly, to formulate the criteria for the attainability of the objectives of criminal punishment, and, secondly, to evaluate all the purposes of criminal punishment proposed by modern research and the current legislation for compliance with the criteria. The achievement of the research’s declared results is provided by the use of the dialectical method of scientific cognition, as well as by a number of other private scientific methods: classification, generalization, analysis, induction and deduction. As a result of the conducted research, it was concluded that none of the officially stated goals of criminal punishment can be achieved as a result of the establishment of a criminal-legal prohibition and the realization of responsibility for its violation. To formulate the actual goal of criminal punishment, two criteria for its attainability are defined: formal and material. The formal criterion is to affirm that the purpose of criminal punishment should be achieved as a result of the implementation of criminal law norms only. The material criterion can be summarized by saying that the purpose of criminal punishment is the result that is to be fixed and recorded as being done in real life. Taking into account the content of the identified attainability criteria, it is concluded that the only purpose of criminal punishment is to determine the nature and degree of the public danger of a specific criminal assault.

Keywords: purposes of criminal punishment, restoration of social justice, correction of convict, prevention of new crimes’ commission, the criteria for attainability of the purposes of punishment.

DOI: 10.12737/art_2018_5_8

The Problems of Interpretation and Application of “Guilty Knowledge” Criterion at Murders Qualification

K. V. DYADYUN

associate professor at the Russian Customs Academy (Vladivostok branch), candidate of legal sciences, associate professor
16v, Strelkovaya st., Vladivostok, Russia, 690034
E -mail: Kristina.dyadyun@yandex.ru

The article provides the analysis of the “guilty knowledge” concept in criminal law. Its value and substantial features are presented at qualification of murders. The author analyzes the issues of the legislative and law enforcement approach to the interpretation of “guilty knowledge” in the commission of the knowingly helpless person’s murder — a pregnant woman. The problem of distinguishing the murder of a newborn child from the murder of a person whose helpless state is known to the guilty is also considered. The importance of the issues studied is determined by the qualification problems of the relevant types of murders and the need to appoint a just and justified punishment. The purpose of the work is to identify and analyze the problems of understanding and applying the criterion of “guilty knowledge” in the qualification of murders, with the development of proposals for improving the current legislative and law enforcement approach in this area. The objectives of the study are: to analyze the content of the criterion of “guilty knowledge” in the etymological and legal aspects; to consider the essential criterion of the characteristics of the injured persons who are aware of the subject when committing the murder; to develop recommendations aimed at eliminating the identified problems. During the study, the position of the Supreme Court of the Russian Federation on the issues under consideration, the materials of judicial practice, statistics and special literature are studied. As a result, recommendations are developed, which aim the minimizing (leveling) the identified problems, based on a logical interpretation of the criminal law and the rules of qualification: the interpretation of the “guilty knowledge” criterion in criminal law; suggestion of the author’s edition of the norm of the Art. 1052 of the Criminal Code; circumstances are to be taken into account in the act’s qualification the under the art. 106 of the Criminal Code of the Russian Federation, with proposals to modify this rule; to substantiate the murder qualification of a known pregnant woman in the conditions of an actual error is presented.

Keywords: guilty knowledge, murder, rules of qualification, helpless state, pregnancy.

DOI: 10.12737/art_2018_5_9

The Legal Form of the Information Systems’ and Information Technologies’ Integration in the Sphere of Public Finance

N. A. POVETKINA

head of the Department of financial, tax and budget legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, associate professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: pna127@mail.ru

In the global digitalization conditions within all spheres of activity in most countries of the world and the rapid penetration of information systems and information technologies into public finance, a transformation of budget relations takes place, requiring the search for the most optimal regulation forms. The article traces the way how the introduction and implementation of information systems and technologies forms are formalized from the the origin of the general regulation to the modern special one in the public finance sphere. The modern architecture of information systems involved in public finance is defined, their common advantages such as operativity (speed), comparability of data, economy, convenience, transparency, continuity, reliability, elimination of duplication are analyzed). It is also noted that information systems and technologies, by deflecting through the prism of public finance, acquire specific shades and special purpose, due to the budget’s strategic role for the state. The architecture of information systems and information technologies in the sphere of public finance is considered. Particular attention is paid to the characterization of the already implemented information systems — PFM Public Finance Management “Electronic Budget” and PFM on state and municipal installments, their role and importance for both the budgetary activities themselves and for ensuring the financial security of the state. Summing up, the author emphasizes that the legal registration of the “digital budget” is in the stage of active development and occurs within the boundaries of the general digitalization of the state activity spheres, taking into account the specifics, relevant to the budgetary activity.

Keywords: information systems, information technologies, public finance, legal forms, electronic budget, digital budget, budget portal, transparency, openness, financial stability, financial safety.

DOI: 10.12737/art_2018_5_10

Mediation in Collective Labor Disputes: Limitations and Opportunities (Taking into Account Foreign Experience)

I. A. FILIPOVA

associate professor of the Department of civil law and procedure of the Lobachevsky State University of Nizhny Novgorod
23, Gagarin ave., Nizhny Novgorod, Russia, 603950
E-mail: irinafilipova@yandex.ru

The opportunities of using mediation to settle collective labor disputes in Russia are of research interest. On the one hand, it is due to the need to effectively regulate the collective labor disputes arising at different levels of social partnership, on the other hand, due to the existing deviation between Russian legislation and European and global practice. The aim of the research is to identify and study the shortcomings of the current Russian legislation in the field of regulation of collective labor disputes in order to find ways to eliminate existing shortcomings and formulate proposals for improving the legislation. On the basis of formal-logical and comparative-legal methods, the article analyzes the Russian legislation in this area, as well as the experience of legal regulation and the practice of mediation in collective labor disputes abroad. Geographically, the scope of the study covers mainly Europe, North America and China. Based on the results of the analysis of current situation, the author presents the advantages that the use of mediation will give in the settlement of collective labor disputes, and identifies ways to eliminate the existing obstacles. In conclusion, the author concludes that it is necessary to amend the Labor Code of the Russian Federation and the Federal Law “On alternative dispute resolution procedure with the participation of a mediator (mediation procedure)”, which remove excessive restrictions established by this law in respect of the application of mediation to social partnership relations in the labor sphere. It seems reasonable to use mediation as a method of alternative dispute resolution in case of conflicts between employers (associations of employers) and labor unions. This can have a positive impact both on the development of social partnership relations in the Russian Federation and on legal regulation in the sphere of labor in general.

Keywords: mediation, mediator, alternative dispute resolution, collective labor disputes, labor legislation, social partnership.

DOI: 10.12737/art_2018_5_11

Legal Regulation of Maternity Capital: Practice and Development Prospects

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 article discusses the importance of the maternity capital program in the system of measures to stabilize the demographic situation in the Russian Federation. The main legal instruments of influence on population reproduction — legal incentives and restrictions-are discussed. The author analyzes the legislation of the Soviet period on increasing the birth rate and the effectiveness of the legal instruments used to reproduce the population in the XX century and the possibility of application in modern Russia. The author focuses on changing the law on maternity capital to extend the forms of its use, to improve the targeting, to facilitate its enforcement. Also the author mentions the legal regulation of the maternity capital in regions and its impact on increasing the birth rate within the territories of the constituent entities of the Russian Federation. The unity and differences of the approaches in the regional regulations of the parent capital of constituent entities of the Russian Federation were analyzed too. The reasons for the differences are the heterogeneity of the socio-economic situation of individual territories within one state, which leads to a difference, sometimes significant, in the socio-economic status of individual families with children. The author analyzes legislative initiatives to identify trends in the development of forms of stabilization of the demographic situation in the Russian Federation. The author proposes the expansion of social measures that have a positive impact on the population of the country: the development of the infrastructure of certified babysitters and tutors; further development of the system of pre-school education, including the real possibility of caring for children up to one year; expanding the possibilities of combining parents’ work activities and the function of childrearing; increasing the amount of material state assistance for each subsequent child, etc.

Keywords: demographic policy, maternity capital, birth rate, subject of the Russian Federation.

DOI: 10.12737/art_2018_5_12

On the State and Prospects of Russian Water Law Development

D. O. SIVAKOV

leading research fellow of the Department of natural resources 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: dmitrius1978@yandex.ru

The article is intended to start the discussion about the future of the Russian water law, its current state and prospects of development. The author uses modeling methods and data of natural science. The author incorporates some achievements of other areas of legal science into the sphere of Russian water law. The structural part of the article: the phenomenon of water law; the legal regulation and ways of development of national water management; the general condition of development of the water legislation at the present stage; the legal classification of water bodies and its shortcomings; the necessity for coherent legal regulation of relations in connection with the reservoirs; the need for full implementation of basin principles and approaches; groundwater bodies and tasks of the development of water law; the unresolved issues of payment for water use. The author makes a final conclusions-concerning the future the Russian water law. He proposes to combine well-thought-out differentiation of its structural units and, at the same time, the integration of these elements; to have a harmonious combination of different approaches, methods, means, methods of regulation aimed at ensuring the resource-saving, namely water-saving nature of the domestic economy; it is necessary to develop new means and methods of legal regulation related to the subjects of management responsible for man-made water bodies in the sphere of basin management and hydraulic engineering regulation.

Keywords: Russian water law, structural formations (elements) of water law, definitions, economic and legal institutions, water bodies, water management, hydraulic engineering, basin councils, basin agreements, variability of legal regulation, water use agreement, connection fee.

DOI: 10.12737/art_2018_5_13

Issues of Legal Regulation of Mining Land Reclamation

R. O. SHAMORDIN

postgraduate of the Department of natural resources legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: romanshamordin@bk.ru.

Legal regulation of relations in the sphere of land reclamation, damaged by subsoil use, is carried out by the norms of environmental, land and subsoil legislation, which have significant contradictions in terms of the design and conduct of land reclamation. This fact complicates the practice of law enforcement. To resolve this problem, it is necessary to analyze the theoretical basis. Many researchers of the legal regulation of land reclamation consider only the environmental function of this process, but the author has a different vision of the goals and objectives of this activity. The aim of the study is to determine the place of the legal mechanism of land reclamation, damaged by subsoil use, in the system of legal regulation of environmental protection and environmental management, to identify the main objectives of these activities, as well as ways to improve this kind of legislation. Achieving this goal is carried out by methods of theoretical research, including analysis of the Russian legislation in the field of land reclamation, scientific works, analytical materials related to the field of research, as well as by comparison of the environmental, land and subsoil legislation, both current and past. Proposals to improve the legal regulation in the field under consideration and to adopt a new normative legal act are based on the results achieved, also, by methods of induction and deduction, abstract modeling. The author concludes that the current legal regulation of the design and remediation of lands damaged by subsoil use needs significant processing, in which it is necessary to take into account the duality of this process, which consists in combining environmental and natural resource objectives of the activity under consideration.

Keywords: reclamation of disturbed lands, project of land reclamation, technical project of development of mineral deposits, mining land reclamation.

DOI: 10.12737/art_2018_5_14

Anti-Corruption Education of the Younger Generation as the Main Means of Prevention of Corruption

A. V. PAVLINOV

professor at the Department of criminal law disciplines of the Academy of the Prosecutor General’s Office of the Russian Federation, doctor of legal sciences, associate professor
10, Novaya Basmannaya st., Moscow, Russia, 107078
E-mail: andrey_pavlinov@mail.ru

Taking into account the ambiguous social nature of corruption, which in the individual and in the mass public consciousness is not always perceived as a negative phenomenon, as well as taking into account the long incubation period of its aging, the article substantiates the need to use anti-corruption education as the main means of combating corruption. In the current period, the education in our country is almost out of the proper legal regulation: the organizational and legal bases of education of children and youth, including anti-corruption, are fragmented and their legal provisions are not developed. In CIS there is a Model law on the education of children and youth, but there is no a separate law in Russia. Existing official documents related to the development of legal literacy and legal awareness, education of the younger generation pay close attention to the prevention of extremism, missing the need for early warning of corruption, instilling anti-corruption immunity. The article emphasizes the need for staffing of educational institutions by specialists, who can use advanced teaching methods and educational preventive anti-corruption courses; the need for certification of teaching staff for knowledge of the current anti-corruption legislation and practice of its application. Among the main theoretical, methodological and applied problems of ensuring the anti-corruption education of the younger generation is the correction of the developed and applied methodological recommendations on the formation of anti-corruption outlook. The analysis of the content of some of them reveals negative examples of teaching pseudo history in school and, as a consequence, a distorted view of corruption, its evolution in our country. The draft program on anti-corruption education of students of educational organizations for 2018—2019 formulates a system of measures related to the education of young people and requires the mobilization of the entire state apparatus, the system of school and higher education, civil society institutions.

Keywords: prevention of corruption, anti-corruption education, monitoring of anti-corruption legislation, certification of teaching staff, the ideology of the state anti-corruption policy, guidelines and educational programs for the formation of anti-corruption Outlook, especially the methodology of training.

DOI: 10.12737/art_2018_5_15

Is the Law Effective (Review of the Visiting Session of the Scientific Council of the Institute of Legislation and Comparative Law under the Government of the Russian Federation)

V. Yu. LUKYANOVA, M. A. SAVINA

Contents of issues:

2018
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2013
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2010
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