Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.164-173
A. A. Khasanov
The paper examines the problem of recognition of Palestine in modern international law. International documents and United Nations resolutions adopted on the issue of the conflict in Palestine are analyzed. The author, based on an analysis of international documents, concludes that Palestine meets all the criteria for statehood, but the Israeli occupation prevents the creation of a viable Palestinian state. Despite various efforts being made to reach a solution to the Palestinian issue, the peace process has reached a deadlock. This is facilitated by the policy and practice of the occupying power to consolidate the de facto position of the occupied territories in violation of its legal obligations. To date, Palestine is recognized by more than 138 states and the UN General Assembly has repeatedly confirmed the right to self-determination through resolutions. The efforts of the international community must be intensified to put an end to this irreconcilable conflict, which poses a threat to international peace and security.
{"title":"The Problem of Recognition of Palestine in the context of the Palestinian People’s Realization of the Right to Self-Determination","authors":"A. A. Khasanov","doi":"10.17803/1994-1471.2023.156.11.164-173","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.164-173","url":null,"abstract":"The paper examines the problem of recognition of Palestine in modern international law. International documents and United Nations resolutions adopted on the issue of the conflict in Palestine are analyzed. The author, based on an analysis of international documents, concludes that Palestine meets all the criteria for statehood, but the Israeli occupation prevents the creation of a viable Palestinian state. Despite various efforts being made to reach a solution to the Palestinian issue, the peace process has reached a deadlock. This is facilitated by the policy and practice of the occupying power to consolidate the de facto position of the occupied territories in violation of its legal obligations. To date, Palestine is recognized by more than 138 states and the UN General Assembly has repeatedly confirmed the right to self-determination through resolutions. The efforts of the international community must be intensified to put an end to this irreconcilable conflict, which poses a threat to international peace and security.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.146-153
A. B. Smushkin
The paper emphasizes the increased relevance of the development of special purpose robotic systems that can be used in investigative activities to detect, record and seize traces and other evidence. Taking into account the acceleration of digital transformation of all areas of activity, the author proposes a new private forensic theory of forensic robotics. It is stated that this particular theory has great potential for development into a new branch of forensic technology. The paper discusses the proposed structure of a particular theory, object, subject, general and specific tasks of forensic robotics. Much attention is given to the patterns studied by this particular theory. The author develops his own interpretation of the terms «forensic robot» and «forensic robotic complex». It is stated that police robotics and forensic robotics are used in different, but sometimes overlapping areas. Moreover, the same device can act as a tool for both police and forensic robotics. Summing up the study, the author emphasizes the increased complexity of autonomous forensic robotics and states that within the framework of the proposed theory of forensic robotics, general recommendations should be developed to minimize errors and problems when using both an autonomous programmable robot and a robot equipped with artificial intelligence.
{"title":"Forensic Robotics: Basic Concepts","authors":"A. B. Smushkin","doi":"10.17803/1994-1471.2023.156.11.146-153","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.146-153","url":null,"abstract":"The paper emphasizes the increased relevance of the development of special purpose robotic systems that can be used in investigative activities to detect, record and seize traces and other evidence. Taking into account the acceleration of digital transformation of all areas of activity, the author proposes a new private forensic theory of forensic robotics. It is stated that this particular theory has great potential for development into a new branch of forensic technology. The paper discusses the proposed structure of a particular theory, object, subject, general and specific tasks of forensic robotics. Much attention is given to the patterns studied by this particular theory. The author develops his own interpretation of the terms «forensic robot» and «forensic robotic complex». It is stated that police robotics and forensic robotics are used in different, but sometimes overlapping areas. Moreover, the same device can act as a tool for both police and forensic robotics. Summing up the study, the author emphasizes the increased complexity of autonomous forensic robotics and states that within the framework of the proposed theory of forensic robotics, general recommendations should be developed to minimize errors and problems when using both an autonomous programmable robot and a robot equipped with artificial intelligence.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.174-190
V. O. Laptenok
International legal regimes are a factor in regulating relationships between subjects of international relations, constructive interaction, policy coordination and resolution of contradictions. When conflicts arise, the interaction of the legal systems of states, regional associations and international organizations can be both complementary and competitive in nature, affecting the legal qualification of the parties’ actions. Competitiveness manifests itself in the interpretation of the actions of the same entities within different jurisdictions. The conflict of interests of the parties, as confirmed by examples from the contractual legal practice of relations between the EU and the USA, Canada and a number of other countries, is quite surmountable. The cluster of contradictions characterizing the current situation on the European continent gives an existential character to the search by all parties for a rational strategy for resolving the crisis. The purpose of international law is to put contradictions into the legal plane in order to avoid escalation of tension in relations between the warring parties. An objective assessment of the positions of the world centers of power and the basic legal principles that guide them in the strategy of global presence requires taking into account the problems that gave rise to the replacement of the previous attitude towards «integration of integrations» by a direct clash of the parties. A critical analysis of the key areas of the EU’s implementation of external competencies, including sanctions (implemented with varying degrees of effectiveness in recent years), is important for understanding the strategy that Brussels is implementing. The current crisis is a serious test of the EU’s resistance to stress, and of the Union’s value system for resilience in unfavorable external conditions. The subject of this paper is the real possibilities of the European Union to offer an alternative to the confrontational scenario.
{"title":"The European Union in Global Competition of Jurisdictions","authors":"V. O. Laptenok","doi":"10.17803/1994-1471.2023.156.11.174-190","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.174-190","url":null,"abstract":"International legal regimes are a factor in regulating relationships between subjects of international relations, constructive interaction, policy coordination and resolution of contradictions. When conflicts arise, the interaction of the legal systems of states, regional associations and international organizations can be both complementary and competitive in nature, affecting the legal qualification of the parties’ actions. Competitiveness manifests itself in the interpretation of the actions of the same entities within different jurisdictions. The conflict of interests of the parties, as confirmed by examples from the contractual legal practice of relations between the EU and the USA, Canada and a number of other countries, is quite surmountable. The cluster of contradictions characterizing the current situation on the European continent gives an existential character to the search by all parties for a rational strategy for resolving the crisis. The purpose of international law is to put contradictions into the legal plane in order to avoid escalation of tension in relations between the warring parties. An objective assessment of the positions of the world centers of power and the basic legal principles that guide them in the strategy of global presence requires taking into account the problems that gave rise to the replacement of the previous attitude towards «integration of integrations» by a direct clash of the parties. A critical analysis of the key areas of the EU’s implementation of external competencies, including sanctions (implemented with varying degrees of effectiveness in recent years), is important for understanding the strategy that Brussels is implementing. The current crisis is a serious test of the EU’s resistance to stress, and of the Union’s value system for resilience in unfavorable external conditions. The subject of this paper is the real possibilities of the European Union to offer an alternative to the confrontational scenario.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-25DOI: 10.17803/1994-1471.2023.156.11.118-126
V. A. Betekhtina
The paper discusses some issues that arise when the employment relationship between athletes (coaches) and sports clubs is terminated in connection with the transfer of athletes (coaches) to other employers. Termination of an employment contract concluded between an athlete (coach) and a sports club is associated with the need to comply not only with the Labor Code of the Russian Federation, but also with the regulations of all-Russian sports federations, which are not identical. Termination of the employment relationship between an employee and an employer may be due to a number of reasons established in the legislation of the Russian Federation, including the expiration of the employment contract or the will of one of its parties to terminate the employment contract early. Early termination of such an employment contract generally takes place together with compensation payments subject to certain conditions (not related to «valid reasons» for termination of employment relations), the establishment of which is carried out by competent authorities in each specific case if there is a controversial situation. An alternative to early termination of the employment contract with an athlete is a temporary transfer of the employee to another employer, which provides ample opportunities for both the employee and the employer. In this sense, the suspension of an employment contract, which is also a feature of labor relations in sports, has the potential to extend to all categories of workers.
{"title":"Dynamics of an Employment Contract in a Sports Transfer","authors":"V. A. Betekhtina","doi":"10.17803/1994-1471.2023.156.11.118-126","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.118-126","url":null,"abstract":"The paper discusses some issues that arise when the employment relationship between athletes (coaches) and sports clubs is terminated in connection with the transfer of athletes (coaches) to other employers. Termination of an employment contract concluded between an athlete (coach) and a sports club is associated with the need to comply not only with the Labor Code of the Russian Federation, but also with the regulations of all-Russian sports federations, which are not identical. Termination of the employment relationship between an employee and an employer may be due to a number of reasons established in the legislation of the Russian Federation, including the expiration of the employment contract or the will of one of its parties to terminate the employment contract early. Early termination of such an employment contract generally takes place together with compensation payments subject to certain conditions (not related to «valid reasons» for termination of employment relations), the establishment of which is carried out by competent authorities in each specific case if there is a controversial situation. An alternative to early termination of the employment contract with an athlete is a temporary transfer of the employee to another employer, which provides ample opportunities for both the employee and the employer. In this sense, the suspension of an employment contract, which is also a feature of labor relations in sports, has the potential to extend to all categories of workers.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139336321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-22DOI: 10.17803/1994-1471.2023.156.11.065-072
O. Boltinova
The paper is devoted to the study of the budget process — its legal and doctrinal definitions, the stages of the budget process and the main changes that have occurred in the legal regulation of the budget process. The paper compares the positions of researchers — representatives of financial and legal science on these issues. According to the results of the study, it is concluded that the budget process is a multifaceted and multidimensional category of financial law in the process of constant transformation and development. It is pointed out that there is currently no legal definition of the concept of «stage of the budget process»; this gap should be eliminated by supplementing Article 6 of the Budgetary Code of the Russian Federation. In addition, it can be concluded that most authors, repeating the provisions of the budget legislation, distinguish four stages of the budget process. The concept of a four-stage budget process is the most correct and justified, since it arose as a result of a long evolution of the budget process. At the same time, each stage reflects a separate stage of the budget process, characterized by its own procedures, deadlines, participants, their powers and other essential aspects. At the same time, despite the apparent static nature, manifested in the immutability of the number and sequence of stages of the budget process, its content is constantly changing and being supplemented. The modern budget process strives for a wider application of a program-oriented approach, coupled with the simultaneous introduction of innovative digital technologies. It can be expected that digitalization will continue to have an impact on the content of the budget process in the foreseeable future.
{"title":"The Evolution of the Budget Process of the Russian Federation in the context of Transformation of Budget Legislation","authors":"O. Boltinova","doi":"10.17803/1994-1471.2023.156.11.065-072","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.065-072","url":null,"abstract":"The paper is devoted to the study of the budget process — its legal and doctrinal definitions, the stages of the budget process and the main changes that have occurred in the legal regulation of the budget process. The paper compares the positions of researchers — representatives of financial and legal science on these issues. According to the results of the study, it is concluded that the budget process is a multifaceted and multidimensional category of financial law in the process of constant transformation and development. It is pointed out that there is currently no legal definition of the concept of «stage of the budget process»; this gap should be eliminated by supplementing Article 6 of the Budgetary Code of the Russian Federation. In addition, it can be concluded that most authors, repeating the provisions of the budget legislation, distinguish four stages of the budget process. The concept of a four-stage budget process is the most correct and justified, since it arose as a result of a long evolution of the budget process. At the same time, each stage reflects a separate stage of the budget process, characterized by its own procedures, deadlines, participants, their powers and other essential aspects. At the same time, despite the apparent static nature, manifested in the immutability of the number and sequence of stages of the budget process, its content is constantly changing and being supplemented. The modern budget process strives for a wider application of a program-oriented approach, coupled with the simultaneous introduction of innovative digital technologies. It can be expected that digitalization will continue to have an impact on the content of the budget process in the foreseeable future.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-22DOI: 10.17803/1994-1471.2023.156.11.047-064
E. V. Belyakovich
The paper is devoted to the examination of the time limits established by Federal Law No. 248‑FZ of 31.07.2020 «On State Control (Supervision) and Municipal Control in the Russian Federation» and other regulatory legal acts. The author elucidates temporal principles of the control and supervisory legislation and proposes a classification of the terms of the control and supervisory procedure. The author highlights an increase in the concentration of temporality in normative regulation of control and supervisory activities, the focus of the legislator on a more detailed time limits regulation of the relevant process. The paper examines the time units, estimated and event categories used by the control and supervisory legislation in order to establish the duration of the procedural actions. The author explains uncertainty of the legal regulation of control and supervisory activities by means of the «day» time unit. The question of time management methods in the field of control and supervisory activities, depending on the state of the term, is clarified: suspension and extension (within the term) and restoration (in cases when the term has expired). There are two types of extension of the term: automatic and declarative. The list of terms that can be extended, suspended and restored is given. The set of circumstances necessary to restore the missed deadline has been determined. The question of the timing of procedural actions in the pretrial procedure is investigated. The author outlines the criteria for leaving the application without consideration due to non-compliance with the pre-trial procedure and carries out a comparative legal analysis of the timing of preventive measures.
{"title":"Time Limits in the Control and Supervisory Legislation","authors":"E. V. Belyakovich","doi":"10.17803/1994-1471.2023.156.11.047-064","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.047-064","url":null,"abstract":"The paper is devoted to the examination of the time limits established by Federal Law No. 248‑FZ of 31.07.2020 «On State Control (Supervision) and Municipal Control in the Russian Federation» and other regulatory legal acts. The author elucidates temporal principles of the control and supervisory legislation and proposes a classification of the terms of the control and supervisory procedure. The author highlights an increase in the concentration of temporality in normative regulation of control and supervisory activities, the focus of the legislator on a more detailed time limits regulation of the relevant process. The paper examines the time units, estimated and event categories used by the control and supervisory legislation in order to establish the duration of the procedural actions. The author explains uncertainty of the legal regulation of control and supervisory activities by means of the «day» time unit. The question of time management methods in the field of control and supervisory activities, depending on the state of the term, is clarified: suspension and extension (within the term) and restoration (in cases when the term has expired). There are two types of extension of the term: automatic and declarative. The list of terms that can be extended, suspended and restored is given. The set of circumstances necessary to restore the missed deadline has been determined. The question of the timing of procedural actions in the pretrial procedure is investigated. The author outlines the criteria for leaving the application without consideration due to non-compliance with the pre-trial procedure and carries out a comparative legal analysis of the timing of preventive measures.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-14DOI: 10.17803/1994-1471.2023.156.11.039-046
Duc Dung Wu
In legal science, approaches to the rule of law directly affect the identification of its nature. Until now, there has been no unified understanding of the rule of law in scholarship. The paper is devoted to the analysis and comparison of approaches to the rule of law and identification of contradictions between them. The modern rule-of-law state has been intensively studied in Russia since 1985. The concept of the rule-of-law state is presented in many monographs, textbooks and articles in academic journals. The author argues that a rule-of-law state is primarily a state. However, further opinions differ when specifying this concept. Some authors argue that the ruleof-law state is an independent type of the state. Others believe that the rule-of-law state is a form of organization of political power. There is an opinion that the rule-of-law state is a form of development of the state, its possible future. All approaches to the rule-of-law state do not fully reflect the nature of the rule-of-law state. The paper proposes an approach to the rule-of-law state as a form of organization of state power and society, which will allow flexibly building a rule-of-law state in many countries with various domestic characteristics. The rule-of-law state is only a stage in the process of State development. It is certainly in constant motion and will continue to evolve in accordance with the changing society.
{"title":"The Rule of Law State as a Dynamic Phenomenon: A New Approach to the Concept","authors":"Duc Dung Wu","doi":"10.17803/1994-1471.2023.156.11.039-046","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.039-046","url":null,"abstract":"In legal science, approaches to the rule of law directly affect the identification of its nature. Until now, there has been no unified understanding of the rule of law in scholarship. The paper is devoted to the analysis and comparison of approaches to the rule of law and identification of contradictions between them. The modern rule-of-law state has been intensively studied in Russia since 1985. The concept of the rule-of-law state is presented in many monographs, textbooks and articles in academic journals. The author argues that a rule-of-law state is primarily a state. However, further opinions differ when specifying this concept. Some authors argue that the ruleof-law state is an independent type of the state. Others believe that the rule-of-law state is a form of organization of political power. There is an opinion that the rule-of-law state is a form of development of the state, its possible future. All approaches to the rule-of-law state do not fully reflect the nature of the rule-of-law state. The paper proposes an approach to the rule-of-law state as a form of organization of state power and society, which will allow flexibly building a rule-of-law state in many countries with various domestic characteristics. The rule-of-law state is only a stage in the process of State development. It is certainly in constant motion and will continue to evolve in accordance with the changing society.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139350639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-09DOI: 10.17803/1994-1471.2023.153.8.020-036
A. Sitnik
The paper is devoted to the study of the issues concerning legal regulation of the digital ruble circulation — a Russian national digital currency. It is noted that public relations arising in the process of the digital ruble circulation are included in the subject matter of several branches of law, mainly financial and civil law. At the same time, a binding nature of the digital ruble is important for civil law that affects the rights and obligations of participants of civil turnover, and for financial law because of a state law nature of the digital ruble. It is the state power command (expressed in forms of financial law rules) that gives the digital ruble the status of a legal means of payments. The paper emphasizes that, although the «form of money» is primarily an economic concept, it is important for law, since it reflects the essential differences between types of money, manifested, inter alia, in the peculiarities of legal regulation of the circulation of different monetary funds. Based on the comparison of the Russian national digital currency with other types of non-cash funds, it is concluded that the digital ruble is a third form of money. In addition, the digital ruble is compared with digital currencies and electronic money. It is established that the digital ruble platform can be considered as a product subsystem of the national payment system, an information system, as well as the space within which the emergence, change and termination of legal relations related to the circulation of the digital ruble occur. Attention is focused on the transformation of the legal position of the Bank of Russia in connection with the assignment of the functions of the operator of the digital ruble platform. In addition, the paper reveals the features of the legal status of other participants of legal relations arising in the process of circulation of the digital ruble — participants and users of the digital ruble platform.
{"title":"A Digital Ruble as an Object of Financial Law Regulation","authors":"A. Sitnik","doi":"10.17803/1994-1471.2023.153.8.020-036","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.020-036","url":null,"abstract":"The paper is devoted to the study of the issues concerning legal regulation of the digital ruble circulation — a Russian national digital currency. It is noted that public relations arising in the process of the digital ruble circulation are included in the subject matter of several branches of law, mainly financial and civil law. At the same time, a binding nature of the digital ruble is important for civil law that affects the rights and obligations of participants of civil turnover, and for financial law because of a state law nature of the digital ruble. It is the state power command (expressed in forms of financial law rules) that gives the digital ruble the status of a legal means of payments. The paper emphasizes that, although the «form of money» is primarily an economic concept, it is important for law, since it reflects the essential differences between types of money, manifested, inter alia, in the peculiarities of legal regulation of the circulation of different monetary funds. Based on the comparison of the Russian national digital currency with other types of non-cash funds, it is concluded that the digital ruble is a third form of money. In addition, the digital ruble is compared with digital currencies and electronic money. It is established that the digital ruble platform can be considered as a product subsystem of the national payment system, an information system, as well as the space within which the emergence, change and termination of legal relations related to the circulation of the digital ruble occur. Attention is focused on the transformation of the legal position of the Bank of Russia in connection with the assignment of the functions of the operator of the digital ruble platform. In addition, the paper reveals the features of the legal status of other participants of legal relations arising in the process of circulation of the digital ruble — participants and users of the digital ruble platform.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116141145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-21DOI: 10.17803/1994-1471.2023.154.9.047-058
S. M. Zubarev
The theory of administrative law contains general conditions (prerequisites) and special legal methods (control, supervision, appeal) and means (legal responsibility) to ensure legality. And if much attention is paid to the latter in the scientific literature, then the study of the general conditions (prerequisites) for ensuring legality in relation to modern realities has not yet been widely disseminated. At the same time, as practice shows, in modern conditions, it is not always possible to ensure legality in the activities of the apparatus of public authorities by special legal methods and means. The paper argues that it is the general conditions (prerequisites), being external factors, that have a significant positive or negative impact on the state of legality both in the country as a whole and in certain areas of public administration. Therefore, their understanding is especially important not only for the theory of administrative law, but also for the public power carrying out practical work. In relation to the current situation, the paper analyses such general conditions (prerequisites) for ensuring legality in public administration as ideological, political, legal, socio-economic, organizational conditions. The author substantiates the conclusion concerning complex influence of these conditions (prerequisites) both on the general level of legality, and on the use of special legal methods and means of ensuring legality in public administration.
{"title":"General Conditions (Prerequisites) for Ensuring Legality in Public Administration","authors":"S. M. Zubarev","doi":"10.17803/1994-1471.2023.154.9.047-058","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.154.9.047-058","url":null,"abstract":"The theory of administrative law contains general conditions (prerequisites) and special legal methods (control, supervision, appeal) and means (legal responsibility) to ensure legality. And if much attention is paid to the latter in the scientific literature, then the study of the general conditions (prerequisites) for ensuring legality in relation to modern realities has not yet been widely disseminated. At the same time, as practice shows, in modern conditions, it is not always possible to ensure legality in the activities of the apparatus of public authorities by special legal methods and means. The paper argues that it is the general conditions (prerequisites), being external factors, that have a significant positive or negative impact on the state of legality both in the country as a whole and in certain areas of public administration. Therefore, their understanding is especially important not only for the theory of administrative law, but also for the public power carrying out practical work. In relation to the current situation, the paper analyses such general conditions (prerequisites) for ensuring legality in public administration as ideological, political, legal, socio-economic, organizational conditions. The author substantiates the conclusion concerning complex influence of these conditions (prerequisites) both on the general level of legality, and on the use of special legal methods and means of ensuring legality in public administration.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139356588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.124-134
Yu. A. Antilevskaya
The paper is devoted to improving the provision and quality control of forensic activities in the Russian Federation. The purpose of the study is to develop theoretically and practically significant proposals for the creation of a Unified Register of Forensic Expert Personnel and a Unified Register of Forensic Expert Organizations. The methodological basis of the study comprises general scientific methods of cognition, namely analysis, synthesis and modeling; private scientific methods, namely analogy, statistical and comparative legal. The author proposes to create a Unified Register of Forensic Organizations and a Unified Register of Forensic Experts on the basis of the digital platform of the Federal Accreditation Service in the Federal State Information System in the Field of Accreditation (FSIS Rosaccreditation) within the framework of the new mechanism previously proposed by the author for accrediting forensic organizations in the National System Russian accreditation. The scientific and practical significance lies in the proposal, not previously covered in the literature, to create a single verified resource of expert personnel for law enforcement agencies on the basis of a digital platform of a supradepartmental independent body.
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