Contents of issue # 6/2019

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

The Formation and Development of Administrative Justice in the Russian Federation

V. M. LEBEDEV

Supreme Court of the Russian Federation, Moscow 121260, Russian Federation
E-mail: vsrf@vsrf.ru

DOI: 10.12737/jrl.2019.6.1

Abstract
The article was prepared on the basis of the speech of the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev at the international scientific and practical conference “Administrative Justice: Problems and Prospects of Development”, held in Moscow on September 20—21, 2018 and dedicated to the third anniversary of the Code of Administrative Proceedings of the Russian Federation.
The formation of administrative justice in the Russian Federation testifies to the special relevance of the study of its history and current state, the prospects for further development of this legal institution. The article deals with the theoretical and legal basis and features of the institute of administrative justice, the history of administrative justice in Russia, the number, quality and efficiency of consideration of administrative cases by courts. The evolution of doctrinal positions on the role and importance of administrative proceedings is presented. Particular attention is paid to the work of the Supreme Court of the Russian Federation to ensure the uniformity of judicial practice in the field of administrative proceedings, as well as legislative initiatives of the highest court aimed at the modernization of administrative justice. Issues of formation and development of administrative justice are analysed not only in the national but also in the international context, using the acts of the Council of Europe and the report of the European Commission on the Effectiveness of Justice.
The study applied systemic, comparative legal, historical and statistical methods.
The history of formation and development of administrative justice in the Russian Federation shows that this legal institution meets the needs of the modern state and civil society, provides legal protection of citizens and organizations in disputes with public authorities and officials.

Keywords
administrative proceedings, Code of Administrative Proceedings of the Russian Federation, Supreme Court of the Russian Federation, efficiency of justice.

For citation
Lebedev V.M. The Formation and Development of Administrative Justice in the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 5—13. (In Russ.). DOI: 10.12737/jrl.2019.6.1
 

References

Gusakovskiy P.N. The administrative justice. Zhurnal Ministerstva yustitsii, 1906, no. 10, pp. 69—123. (In Russ.)

Judicial statutes of November 20, 1864: setting forth the reasoning on which they are based. Part 1. 2nd ed. St. Petersburg, 1867. 763 p. (In Russ.)

Nosov Ye. The issues of Soviet administrative justice theory. Sovetskoe pravo, 1925, no. 4, pp. 70—85. (In Russ.)

Stolypin P.A. We need a great Russia...: A complete collection of speeches in the State Duma and the State Council. 1906—1911. Moscow, 1991. 412 p. (In Russ.)

The goals of the development of law. Proletarskaya revolyutsiya i pravo: izdanie Narodnogo komissariata yustitsii, 1921, no. 15, pp. 83—86. (In Russ.)

The history of the Governing Senate for 200 years. Vol. 4. St. Petersburg, 1911. 564 p. (In Russ.)

Judicial Doctrines and Efficiency of Law Enforcement

Kh. I. HAJIYEV

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: khanlar9999@gmail.com

DOI: 10.12737/jrl.2019.6.2

Abstract
The development of law has always been accompanied by the formation of legal doctrines, which are usually understood as a generalized scientific and legal attitude to general and specific issues of law. This article proposes to consider the most effective implementation of legal doctrines in judicial practice, which contributes to empirical enrichment and effectiveness of law. The study of law in three dimensions, legal theory, legal doctrine and law enforcement, confirms that the effective functioning of this three-dimensional system is possible on the basis of interpenetration and interaction of its constituent elements. The convergence of legal systems contributed not only to the adoption of timetested ideas and strengthening the integration principles, but also to the evolution of law enforcement, which clearly demonstrates the development of European constitutional justice. The influence of general doctrines on law enforcement is considered from the standpoint of the formation of judicial doctrines on the basis of judicial discretion, lawmaking, legal interpretation and argumentation, which serve not only to create reasonable legal methods for resolving specific cases, taking into account the principles and concepts of law, but also to deepen the connection between the theory of law and law enforcement. The judicial doctrine thus represents a proven approach to the solution of specific court cases in the context of the achievements of legal science and judicial practice, confirmed by the authority of the judiciary, simultaneously aimed at their development.

Keywords
judicial doctrines, judicial lawmaking, judicial practice, law enforcement, legal reasoning.

For citation
Hajiyev Kh.I. Judicial Doctrines and Efficiency of Law Enforcement. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 14—27. (In Russ.). DOI: 10.12737/jrl.2019.6.2


 References 

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Chashchin A.N. Legal doctrine as a source (form) of Russian law. Moscow, 2019. 239 p. (In Russ.)

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Zaytsev O.V. Legal positions in modern legal and judicial practice. Mirovoy sudya. 2018, no. 3, pp. 11—15 (In Russ.)

Zorkin V.D. Constitutional Court of Russia: Doctrine and Practice. Moscow, 2018. 592 p. (In Russ.)

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■ CONSTITUTIONAL AND MUNICIPAL LAW

Local Self-Government and the Constitution of the Russian Federation

V. I. VASILIEV

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: const@izak.ru

DOI: 10.12737/jrl.2019.6.3

Abstract
The article is devoted to the analysis of the constitutional model of local self-government. Special attention is paid to the analysis of the content of Article 12 of the Constitution of the Russian Federation. The author emphasizes that the current law-enforcement practice clearly demonstrates that this provision of the Constitution is not operating properly. It weighs heavily by the absence of any attempt to use it either in the adoption of laws on local self-government or in the implementation of these laws.
In the absence of clearly formulated constitutional principles on the legal nature of local selfgovernment, the author substantiates the idea that local self-government should be considered as an important form of popular sovereignty. It serves as a kind of “extension” of state power on the local level, but with a qualitatively special, namely the decisive participation of the urban and rural population in resolution of issues of local significance. For this purpose, the competence of local self-government is delineated from the competence of state authorities.
In addition to the legal nature and purpose of local self-government in the system of public power, the author considers the territorial basis of the organization of local self-government. Recent legislative initiatives aimed at creating maximum opportunities for uniting of rural settlements are critically evaluated. It is possible to prevent and exclude such a possibility only by establishing clear objective criteria for the creation of rural and other municipalities. The most of these criteria, including approaches to the creation of all municipalities, should be set forth by the Constitution. This will make it possible to give the necessary stability to the territorial structure of the most important institution of democracy and to increase its efficiency in the interests of millions of citizens.

Keywords
Constitution of the Russian Federation, local self-government, public power, territorial organization of local self-government, rural settlements.

For citation
Vasiliev V.I. Local Self-Government and the Constitution of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 28—35. (In Russ.). DOI: 10.12737/jrl.2019.6.3


References

Bondar N.S. Bukva i dukh rossiyskoy Konstitutsii: 20-letniy opyt garmonizatsii v svete konstitutsionnogo pravosudiya. Zhurnal rossijskogo prava = Journal of Russian Law, 2013, no. 11.

Kovler A.I. Konstitutsiya Rossii kak sravnitelnyy proekt (k istorii sozdaniya Konstitutsii Rossiyskoy Federatsii). Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2019, no. 1.

Vasilev V.I. K voprosu o territorialnykh urovnyakh mestnogo samoupravleniya. Zhurnal rossijskogo prava = Journal of Russian Law, 2017, no. 1.

Vasilev V.I. Yeshche raz o territorialnykh urovnyakh mestnogo samoupravleniya. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 1.

Zorkin V.D. Dukh i bukva Konstitutsii. Rossiyskaya gazeta, 2018, October 10.

Mechanisms of Realization of the Constitutional Right of Citizens to Participate in the Management of Public Affairs

K. S. EVSIKOV

Tula State University, Tula 300012, Russian Federation
E-mail: aid-ltd@yandex.ru

DOI: 10.12737/jrl.2019.6.4

Abstract
Nowadays it is widely believed that there are many shortcomings in the current approaches of democratic governance. In order to find a new form of democracy taking into account the needs of society, the new forms of governance are being actively developed and tested. Participatory democracy is one of these forms of governance.
Participatory democracy and its components have already been reflected in the constitutional law of foreign countries. The effectiveness and impact of its management methods have highlighted the necessity of their wider introduction in the Russian Federation. It should be noted that the components of participatory democracy, due to their low formalization in comparison with classical democracy, successfully use information technologies, and this in turn increases their attractiveness in the information society.
Participatory democracy is a relatively new phenomenon for our country, but some regions have already implemented projects based on its management methods. In the author’s opinion, participatory budgeting is one of the most successful method of participatory democracy. The author considers the experience of implementation of the participatory budgeting program based on the example of the Tula region concept, which significantly differs from similar programs in other regions of the Russian Federation and abroad. The author analyzes the legal mechanism of interaction between the authorities and the population involved in the project, and identifies the gaps in the legislation, which have affected the implementation of the participatory budgeting program.

Keywords
democracy, participatory democracy, participation of citizens in the management of public affairs, participatory budgeting, regional legislation in the Russian Federation.

For citation
Evsikov K.S. Mechanisms of Realization of the Constitutional Right of Citizens to Participate in the Management of Public Affairs. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 36—49. (In Russ.). DOI: 10.12737/jrl.2019.6.4


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■ CIVIL AND FAMILY LAW. BUSINESS LAW

On the Subsidiary Liability of Beneficiaries of Offshore Companies and Trusts

V. A. KANASHEVSKY

Kutafin Moscow State Law University, Moscow 123995, Russian Federation
E-mail: seleron75@mail.ru

DOI: 10.12737/jrl.2019.6.5

Abstract
The author examines the issues of the subsidiary liability of beneficial owners of offshore companies and trusts in the light of the requirements of the Russian laws on the subsidiary liability of the persons controlling the debtor’s entities.
The goal of the article is the analysis of the Federal Law «On Insolvency (Bankruptcy)», as well as the Russian case law regarding the bringing of offshore companies to subsidiary liability for the debts of Russian companies. The particular purpose of this article is to ascertain whether the current Russian laws and practice of their interpretation and application make it possible to bring controlling persons to a subsidiary liability without piercing the corporate veil, including those persons who act through offshore holding companies and trusts.
The author used the methods of analysis and synthesis.
The author concludes that the Russian rules on the subsidiary liability of the controlling persons apply to situations where the Russian organization — the debtor was brought to a bankruptcy by the actions of its offshore parent company. The persons, who actually managed with such offshore company, in particular, who gave the instructions to nominal shareholders and directors of an offshore company, as a result of which (instructions) the Russian organization was brought to bankruptcy, may be brought to subsidiary liability under the Russian law. In the light of the rules of Article 1202(4) of the Russian Civil Code for bringing to a subsidiary liability a person controlling a Russian debtor through an offshore holding structure, there is no need to refer to a foreign law if the applicant is satisfied with the rules of the Russian laws regarding liability of the persons controlling debtor’s entities.

Keywords
subsidiary liability, controlling persons, personal law, offshore company, trust, beneficiary owner, debtor, bankruptcy, burden of proof, controlled foreign companies, offshore jurisdictions, automatic exchange of information, piercing the corporate veil.

For citation
Kanashevsky V.A. On the Subsidiary Liability of Beneficiaries of Offshore Companies and Trusts. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 50—57. (In Russ.). DOI: 10.12737/jrl.2019.6.5


References

Altukhov A.V., Levichev S.V. Procedural characteristics of consideration of applications for bringing the persons who control the debtors to subsidiary liability in bankruptcy. Sudya, 2018, no. 4, pp. 27—32. (In Russ.)

Kanashevskiy V.A. On disclosure of Information about Beneficiaries of Trusts and Offshore Companies: the Current Status and Perspectives. Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2018, no. 2, pp. 81—86. (In Russ.)

Kanashevskiy V.A. The Concept of Beneficial Ownership in Russian Judicial Practice (Private Law Aspects). Zhurnal rossijskogo prava = Journal of Russian Law, 2016, no. 9, pp. 27—38. (In Russ.)

Khavanova I.A. Interdependent Persons: Corporate Covers and Fiscal Issues. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 7, pp. 112—122. (In Russ.)

Sinitsyn S.A. The Legal Means of Preventing and Combating the Dissipating of Assets by the Russian Banks: Law Improvement Issues. Predprinimatelskoe pravo, 2018, no. 1, pp. 66—70. (In Russ.)

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Ensuring the Economic Space Unity as a Goal of Corporate Procurement Legislation: Problems of Maintenance and Implementation

Ye. S. DONETSKOV

Volgograd Institute of Management, Russian Presidential Academy of National Economy and Public Administration, Volgograd 400131, Russian Federation
E-mail: e.donetskov@gmail.com

DOI: 10.12737/jrl.2019.6.6

Abstract
Regulation of corporate procurements (i.e. non-public procurements) is currently based on legislation norms that defines general principles of regulation of legal entities’ certain procurement activity types. The regulation nature in this realm assumes the importance to research the content and legal significance of the norms-principles and norms-objectives provided by this legislation. Such a goal that ensures the economic space unity does not have a common understanding either in academic research or in law enforcement practice. At present, there are no studies of the causes and practical consequences of declaring this goal when regulating procurement activities of corporate customers.
The purpose of this article is to resolve the issue of the content and mechanism of practical implementation of the goal to ensure the economic space unity when individual legal entities undertake procurement activities.
This goal is achieved on the basis of an of current law’s enforcement practices analysis using general research methods, as well as formal legal, systemic and structural approaches.
The author reveals the content of the goal for ensuring the economic space unity, as well as the reasons for its consolidation in the norms of the legislation on corporate procurements. Specific legal rules that ensure the realization of this goal are shown, the relationship of creating guarantees of a single economic space with other objectives of procurement legislation is established, specific aspects of the interaction of these goals are identified. The article systemizes the grounds for recognizing the actions of customers conflicting with the purpose.

Keywords
procurement of goods, works and services by the certain types of legal entities, normgoals, economic space unity, commodity market, geographic boundaries of the market, restriction of competition.

For citation
Donetskov Ye.S. Ensuring the Economic Space Unity as a Goal of Corporate Procurement Legislation: Problems of Maintenance and Implementation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 58—66. (In Russ.). DOI: 10.12737/jrl.2019.6.6


References

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Features That Ensure Performance of Obligations Within the State Defense Order’s Procurement Contract

A. V. MIKHASHIN

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: alexmik@yandex.ru

DOI: 10.12737/jrl.2019.6.7

Abstract
Ensuring performance of obligations under the government contract is one of the main civil mechanisms allowing the state customer to react preventively to actions of unfair suppliers (contractors, performers). Ensuring creates additional expenses for participant's procurement procedures regarding the bank guarantee or customer's account balance payment. Therefore the Law on the State Defense Order provides the special rules of ensuring performance of obligations under the contract directed to decrease additional expenses for enterprises of defense industry complex.
The article highlights practical issues related to: the definition of the object of purchase, in relation to which specific rules are established to ensure the fulfillment of contractual obligations; the nature and essence of the requirements for participants in the placement of the state defense order, which give preferences in the field of obligations enforcement; defining the stage of the submitted procurement procedure documents confirming compliance with these requirements; and the content and procedure for granting these documents to procurement participants.
The author suggests change of legislative approach to regulation of ensuring obligations performance depending on purchased goods' (works, services) specifics and their purpose. The article suggests the author's edition of provisions of the Law on the State Defense Order, which allows to eradicate ambiguous practice of use of the relevant standards by the state customers, procurement participants, arbitration tribunals and Federal Antimonopoly Service of the Russian Federation. This, in turn and finally, might allow increase of efficiency of procurement in the field of ensuring defense and safety of the state.

Keywords
contract system, state defense order, customer, public contract, ensuring performance of obligations under the contract.

For citation
Mikhashin A.V. Features That Ensure Performance of Obligations Within the State Defense Order’s Procurement Contract. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 67—77. (In Russ.). DOI: 10.12737/jrl.2019.6.7


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Morozova A.A. Legal problems of ensuring performance of obligations under the government (municipal) contract. Public purchases: law enforcement problems. Materials of the Third All-Russian scientific and practical conference (on June 9, 2015, Lomonosov Moscow State University). Moscow, 2015. 250 p. (In Russ.)

Povarov Yu.S. To a question of unambiguity of the terminology used by the legislator. Problems of implementation of the civil rights: interuniversity collection of scientific works. Samara, 2002. 235 p. (In Russ.)

Svininykh Ye.A. Experience and ways to defense and security procurement system optimization: the legal aspect. Pravo v Vooruzhennykh Silakh, 2015, no. 2, pp. 56—68. (In Russ.)

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■ CRIMINAL LAW AND CRIMINOLOGY

Administrative Prejudice in Criminal Law: Problems of Theory and Practice

O. S. KAPINUS

University of Prosecutor’s Office of the Russian Federation, Moscow 117638, Russian Federation
E-mail: rector@agprf.org

DOI: 10.12737/jrl.2019.6.8

Abstract
The article notes that the design of corpus delicti using administrative prejudice provides a number of indisputable advantages: it increases the preventive potential of the corresponding criminal law prohibition; increases the flexibility and adaptability of the legal protection of the interests of individuals, society and the state, provides the legislator with greater opportunities in terms of inter-sectoral differentiation of criminal and administrative responsibility; allows the legislator to carry out the “soft” criminalization of acts, while respecting the principle of economy of criminal repression, as well as for the decriminalization of acts that do not pose a significant public danger.
Based on the analysis of judicial practice, it is proved that crimes with administrative prejudice cannot be considered as a mechanical combination of two administrative offenses. When using the analysed legal construction, the first administrative offense characterizes not the objective side of the crime, but the specific status of the subject of the crime - its administrative punishment.
Analysing the legislative miscalculations made in the construction of corpus delicti with administrative prejudice, the author emphasizes that they do not detract from the undoubted merits of this legal construction. Administrative prejudice - skilfully used - is a very effective tool that ensures the coordinated effect of related prescriptions of tort administrative and criminal law, allowing for the implementation of “targeted”, addressed prevention of unlawful behaviour. That is why it should take a worthy place in the arsenal of technical and legal means of implementing criminal policy.

Keywords
administrative prejudice, crimes with administrative prejudice.

For citation
Kapinus O.S. Administrative Prejudice in Criminal Law: Problems of Theory and Practice. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 78—86. (In Russ.). DOI: 10.12737/jrl.2019.6.8


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Bezverkhov A.G. Vozvrashchenie “administrativnoy preyuditsii” v ugolovnoe zakonodatelstvo Rossii. Rossiyskaya yustitsiya, 2012, no. 1.

Chikin D.S. Slozhnye edinichnye prestupleniya (ugolovno-pravovaya kharakteristika, problemy kvalifikatsii i zakonodatelnogo konstruirovaniya). Cand. diss. Krasnodar, 2013.

Kovalev M.I. Prestuplenie i prostupok. Problemy sovershenstvovaniya zakonodatelstva po ukrepleniyu pravoporyadka i usilenie borby s pravonarusheniyami. Mezhvuzovskiy sbornik nauchnykh trudov. Sverdlovsk, 1982.

Ovechkina Ye.V. Administrativnaya preyuditsiya kak sredstvo kriminalizatsii i dekriminalizatsii v ugolovnom prave Rossii. Zakon i pravo, 2009, no. 5.

Problemy kvalifikatsii prestupleniy. Ed. by K.V. Obrazhiev, N.I. Pikurov. Moscow, 2018.

Tarbagaev A.N. Administrativnaya otvetstvennost v ugolovnom prave. Pravovedenie, 1992, no. 2.

Yamasheva G.V. K voprosu o vosstanovlenii instituta administrativnoy preyuditsii v ugolovnom zakone. Zhurnal rossijskogo prava = Journal of Russian Law, 2009, no. 10.

Issues of Criminal Policy Problems for Countering Safety Violation

V. A. KAZAKOVA, S. Yu. KORABLEVA

V.A. KAZAKOVA, Institute of International law and Justice, Moscow State Linguistic University, Moscow 119034, Russian Federation
E-mail: vera1313@yandex.ru

S.Yu. KORABLEVA, Institute of International law and Justice, Moscow State Linguistic University, Moscow 119034, Russian Federation
E-mail: sukorableva@gmail.com

DOI: 10.12737/jrl.2019.6.9

Abstract
Criminal cases on safety violation are often widely publicized and generate public debate. This is due to many factors, in particular the fact that such crimes are usually associated with causing harm to life or health, and their public investigation often reveals serious security gaps. In such a situation, the law enforcement authorities are tempted to apply the measures of criminal repression as rigidly as possible. However, the problem is that the effectiveness of achieving the objectives of criminal policy in the penalty for a safety violation can be very low for many reasons. All of them are discussed in detail in this article.
The purpose of the study is to analyze the problems associated with the punishment for a safety rules violation.
The methodological basis of the study is the system method. Also, such methods as analysis, synthesis and legal modeling are used. The data of statistics, as well as judicial practice literature are analyzed.
As a result of the research problems of criminalization and punishability of safety rules violation are formulated, which require a systemic solution. The authors demonstrates that here a private warning requires a minimum penalty, and also that judicial practice basically goes exactly along this path. It is proved that the effectiveness of achieving the objectives of the general prevention in the conviction of a safety violation can be extremely low, and often on the contrary, contribute to a harmful result from the social development point of view.

Keywords
criminal policy, criminalization and punishability, private crime prevention, general crime prevention, negligence, reckless complicity, safety violation, medical errors, competition of norms.

For citation
Kazakova V.A., Korableva S.Yu. Issues of Criminal Policy Problems for Countering Safety Violation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 87—96. (In Russ.). DOI: 10.12737/jrl.2019.6.9


References

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Inshakov S.M., Kazakova V. A. Methodological Approach Towards Punishabiltiy of Crimes in the Context of Modern Criminal Policy. Ugolovnoe pravo, 2016, no. 1, pp. 84—92. (In Russ.)

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Академический курс: в 10 т. / под ред. Н.А. Лопашенко. М., 2016. Т. 10: Обстоятельства, исключающие преступность деяния.

Criminal Liability in Medical Care: Legal Practice and Legislation Trends

N. M. KHROMOVA

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: hromova-nm@yandex.ru

DOI: 10.12737/jrl.2019.6.10

Abstract
The purpose of the present work is the legal analysis of the operating criminal regulation in the field of medical care. So, according to the approved “May Decrees” of the Russian President, strategic tasks of a solution of the existing problems in the social sphere are defined. Among the main development directions the task of forming a system of patients' rights protection is defined. In particular, it concerns enhancing the medical care control. However further development of Russia as a social state needs not only enhancing control in the considered sphere, but also formation of uniform approach to criminal regulation of medical care.
The Criminal Code of the Russian Federation contains a number of articles under which in case of infliction of harm to health, when rendering medical services, health care workers can be brought to trial. Meanwhile the organization of medical care is regulated by a number of regulations of federal importance and subordinate regulations, for which violations responsibility is set. Besides, emergence of new medical technologies demands criminal protection of the patients' rights against illegal actions. However development of the criminal legislation in this sphere strongly lags behind progress in medicine. In this regard in criminal law there are gaps demanding elimination.
The main objective of the author consists in application study of the problems related to criminal regulation of medical care. In this connection some examples of judicial practice are analyzed. The conclusion shows heterogeneity in law-enforcement practice. For better understanding the further improvement of the criminal legislation for violations in the medical sphere, the author carries out the retrospective analysis of development of doctors' criminal liability for the violations since the beginning of formation of a civilization to the present.
The article uses general-logical methods of knowledge, which include analysis, synthesis and deduction. Also historical and logical methods, methods of theoretical and empirical knowledge are used.
In this research the author comes to the conclusion that the existing criminal legislation provides protection of patients' rights, however there is a need for reform, as it does not meet modern progress in the field of medicine.

Keywords
medical activity, failure to provide the aid, health workers, causing heavy harm to health by negligence, harm.

For citation
Khromova N.M. Criminal Liability in Medical Care: Legal Practice and Legislation Trends. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 97—110. (In Russ.). DOI: 10.12737/jrl.2019.6.10


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■ LABOR LAW AND SOCIAL SECURITY LAW

Some Legal Problems of Unemployment Protection of Senior Citizens

L. V. SEREGINA

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: labor@izak.ru

DOI: 10.12737/jrl.2019.6.11

Abstract
One of the main objectives of the Action Strategy in the interests of senior citizens in the Russian Federation until 2025 is the creation of economic, social and legal conditions that ensure the non discrimination of senior citizens and encourage incentives for older people to continue working. The pension reform carried out in the Russian Federation since 2019, which envisages a gradual increase in the retirement age, causes increasing of labor activity. In this regard, the problem of preserving the employment of older people and protecting them from unemployment is of particular relevance.
The goal of the research is to improve the employment promotion and protection against unemployment mechanism, to identify the problems which senior citizens face when looking for employment, and the rationale for proposals for their elimination. The main areas of research are related to the search for approaches to assist senior citizens in preserving employment, obtaining new employment, and material support in case of unemployment.
The article covers the problems of loss of work by citizens of the older generation and the inability to find it in the short term due to the liquidation or reduction of old and the emergence of new high-tech jobs that require additional professional competencies and skills, the need to change professional activities due to reduced ability to work, termination of work for reasons of psychological pressure, personal, family circumstances.
The author formulates specific proposals to improve the mechanism for promoting employment and social protection of older citizens, including those aimed at preserving their employment, reducing the period of search for a suitable job by clarifying the criteria for such work, granting priority right to undergo vocational training for subsequent employment, as well as increasing material support during the period of unemployment, which should be reflected in the legislation on labor and employment in the Russian Federation.

Keywords
senior citizens, persons of pre-retirement age, workers of retirement age, employment, arrangement of labour, unemployment.

For citation
Seregina L.V. Some Legal Problems of Unemployment Protection of Senior Citizens. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 111—125. (In Russ.). DOI: 10.12737/jrl.2019.6.11


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Chesalina O.V. From Non-Standard Occupational Forms to Work Based on Internet Platforms. Trudovoe pravo v Rossii i za rubezhom, 2018, no. 1, pp. 22—25. (In Russ.)

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Lushnikov A.M., Lushnikova M. V. Labour rights in the 21st century: current state and development trends. Moscow, 2015. 268 p. (In Russ.)

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Medical Activity as an Object of Legal Regulation

E. O. DANILOV

St. Petersburg Institute of Dentistry of Рostgraduate Еducation, St. Petersburg 191025, Russian Federation
E-mail: Danilov@medi.spb.ru

DOI: 10.12737/jrl.2019.6.12

Abstract
Today in the Russian legal science there is no single approach to understanding the essence of medical activity and determining the method of its legal regulation, which determines the relevance of research on this problem.
The purpose of the research is to study medical activity as a legal category and an object of legal regulation. The research tasks are: to analyze the content of the legal definition of “medical activity” and related concepts; consider existing approaches to understanding the essence of the legal regulation of medical practice; identify the sources of legal regulation of medical activity; identify existing problems in the area under study.
During the research, along with general scientific logical methods of cognition, formal legal and comparative legal methods were used.
The article analyzes the concept of "medical activity” in connection with the concepts of “health protection”, “health care”, “medical care”. It is noted that medical activity includes various types of professional activity, the object of which is human health, but the main subject of medical activity is associated with the performance of various works (services) in providing medical care. The review of different points of view concerning the understanding of the legal nature of medical activity is presented. The characteristic of the main sources of legal regulation of medical activity is given. Attention is drawn to the fact that the Federal Law of November 21, 2011 No. 323-FZ “On the basis of health protection in the Russian Federation” stated the expressed dominance of administrative regulators of medical activity, established a regime of centralized administration and strict regulation. At the same time, by-laws have a great regulatory impact, including the orders of the Russian Ministry of Health. However, the important role played by the customs of medical practice, as well as the ethical principles of the medical profession. The author upholds the idea of recognition of medicine as a special kind of socially significant professional activity, providing the constitutional right of citizens to health protection and medical care and therefore requiring special legal regulation.

Keywords
legal regulation, medical activity, medical care, health protection, ethical norms in law.

For citation
Danilov E.O. Medical Activity as an Object of Legal Regulation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 126—136. (In Russ.). DOI: 10.12737/jrl.2019.6.12


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■ ADMINISTRATIVE LAW. FINANCIAL LAW

On the Sporadic Application of Certain Provisions of the Special Part of the Administrative Code on Administrative Liability of Legal Entities

V. A. SELEZNEV

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: adm1@izak.ru

DOI: 10.12737/jrl.2019.6.13

Abstract
The institution of administrative responsibility is an effective legal means of influencing public relations. Dynamic changes of this institution are aimed at strengthening the administrative responsibility of legal entities. In some cases it is due to the nature and degree of public danger of administrative offenses, and is achieved through a significant increase in the composition of administrative offenses and their complexity.
The purpose of the article is to identify the status, trends in the development of the Institute of administrative responsibility of legal entities and prospects for its improvement. Attention is focused on such aspect as efficiency of application of norms on administrative responsibility.
The objectives of the study are: consideration of the features of the rules on administrative responsibility of legal entities; analysis of judicial practice of consideration of cases of administrative offenses committed by legal entities; analysis of factors affecting the effectiveness of the rules on administrative responsibility of legal entities.
The research methodology includes: a systematic approach as the main method of studying law, analysis and synthesis, statistical, formal legal, logical methods.
Along with the improvement of the rules on administrative responsibility, there is a constant increase in the number of legal entities brought to responsibility. The analysis of judicial practice of consideration of cases on administrative offenses committed by legal entities shows that along with the presence of a number of widely used compositions of administrative offenses, the application of certain rules of the Administrative Code on the responsibility of legal entities due to various factors is sporadic. At the same time, the infrequent application of certain rules on administrative responsibility cannot reliably confirm the absence of their constituent elements of offenses in the activities of legal entities, but rather due to problems in identifying illegal actions (inaction) that form the composition of an administrative offense, and in the course of proceedings on such offenses.
When considering these compositions of administrative offenses, the factors affecting the effectiveness of law enforcement are analyzed, and the need to take them into account when improving the institution of administrative responsibility of legal entities in the modern conditions of development of society and the state is indicated. It is concluded that the institute of administrative responsibility of legal entities needs to be reformed, including by eliminating the rules that do not correspond to the existing social relations, taking into account the analysis of law enforcement.

Keywords
administrative responsibility, legal entity, administrative offense, law enforcement, administrative investigation, judicial practice, effectiveness of legal norms.

For citation
Seleznev V.A. On the Sporadic Application of Certain Provisions of the Special Part of the Administrative Code on Administrative Liability of Legal Entities. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 137—150. (In Russ.). DOI: 10.12737/jrl.2019.6.13


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Zyryanov S.M. Public Danger of Administrative Offence Revisited. Administrativnoe pravo i protsess, 2017, no. 6, pp. 43—46. (In Russ.).

■ SCIENTIFIC FUNDAMENTALS OF COUNTERING CORRUPTION

The Problem of Effectiveness of Anti-Corruption Education Measures

S. N. MATULIS

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
E-mail: antikor@izak.ru

DOI: 10.12737/jrl.2019.6.14

Abstract
Many states use a wide range of tools directly or indirectly contributing to the minimization of corruption. Article 13 of the Convention of United Nations against Corruption 2003, calls on States parties not only to active involvement of civil society, non-governmental organizations and associations functioning on the basis of communities in the prevention and fight against corruption, but also to promote understanding by the public of the existence, causes and dangerous nature of corruption, and the threat this crime poses.
One of the problems to which the relevant measures are aimed is related to the characteristic perception of the ordinary citizen of corruption. When an act of bribery is committed by a third party, it is identified as an act of corruption, but such a semantic link is lost with respect to various forms of petty corruption used in their personal interests.
In this regard, anti-corruption education is of particular importance, since a person's attitude to corruption is based on the moral and spiritual foundation, is conditioned by his cultural values and level of education, and only the presence of an actual legislative anti-corruption framework does not guarantee the reduction of the risks of corruption. Thus, among the measures contained in art. 13 of the Convention, for example, refers to public awareness activities that contribute to the creation of an atmosphere of intolerance against corruption, as well as public education programs, including curricula in schools and universities.

Keywords
corruption, worldview, cultural values, education, anti-corruption propaganda.

For citation
Matulis S.N. The Problem of Effectiveness of Anti-Corruption Education Measures. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 6, pp. 151—158. (In Russ.). DOI: 10.12737/jrl.2019.6.14


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■ LEGAL LIFE. CHRONICLE

Contemporary Issues of Improvement of Legislation on Personnel Support of the Public Administration System

A. F. NOZDRACHEV, T. A. LEVONENKOVA

A. F. NOZDRACHEV, T. A. LEVONENKOVA, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation

Contents of issues:

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