Vol 3, No 9 (2019)

Cover Page

Full Issue

General Theory and History of Law and the State

The legal position of the European associations of lawyers

Eltsov N.S.

Abstract

We consider the legal situation specificity and the main activities of European associations of lawyers. Communities of judges, prosecutors, lawyers in public service are quite rare and, as in Russian practice, are not considered as public (non-governmental) associations. Membership in the association of lawyers of European countries is mainly associated with such professional activities as advocacy and notary, which is a private legal component of legal activity. The main tasks of many associations of lawyers is to protect the interests of its members, training and retraining of association members. Membership in these associations does not give any financial privileges, in Western European professional legal associations at the regulatory level, tax benefits for members of these organizations and legal instruments for professional growth are fixed. We analyze the activities of such associations as the German lawyer association, the Bar Association of the Federal Republic of Germany and the Republic of China (Taiwan), the European Bar Association for democracy and human rights. On the basis of the comparative and legal characteristics of Russian and European associations of lawyers we made a conclusion about the distinctive and similar features in their legal position.
Current Issues of the State and Law. 2019;3(9):6-15
pages 6-15 views

Russian Federation cadaveric organ donorship legal regulation features

Nesterova E.M.

Abstract

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.
Current Issues of the State and Law. 2019;3(9):16-24
pages 16-24 views

Материальное право

Legal position of the executor of medical services as a subject of legal relations on voluntary medical costs insurance

Prokuda O.Y.

Abstract

With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance - the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non - state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.
Current Issues of the State and Law. 2019;3(9):25-35
pages 25-35 views

The right to housing for young families: problems and state programs in Russian Federation

Bulgakov V.V.

Abstract

The relevance of this study is due to the importance of the constitutional right of everyone to housing, its inviolability and inalienability. Because of the acute housing problem in the Russian Federation, concerning the lack of funds for the purchase of housing, many young families who need housing and improved living conditions. The purpose of the study is to analyze the features of the constitutional right to housing, the state of this institution in modern Russia, whose task is to improve housing conditions in the country and provide young families with housing. We achieve the implementation of the tasks with the help of general scientific (dialectical, analysis, synthesis) and specific scientific methods (formal-legal, comparative-legal). We note a number of social and economic conditions and factors affecting the realization of the right to housing for young families in the framework of existing state support programs. We draw a conclusion that at the moment there are a lot of state programs aimed at maintaining the level of the population, which could fulfill the social obligation of the state to its citizens. At the same time, the legislator should pay special attention to improving the legal literacy of the population, the accuracy of the target program activities wording description, the development of a mechanism for their implementation, as well as the development of a methodology for calculating indicators of the effectiveness of such programs.
Current Issues of the State and Law. 2019;3(9):36-44
pages 36-44 views

The system of crimes against life: development of legislation trends

Khatuayeva V.V., Soskova K.A.

Abstract

The relevance of the study is due to the fact that at present it is possible to recognize crimes against life as one of the main threats to national security. The aim of research is to analyze the crimes system with considering object of assault, to identify trends in the development of the current criminal legislation. In this system, there are three subsystems of crimes, the object of which is human life: murder, infliction of death by negligence and incitement to suicide and related constituent elements of a crime. We give the criminal law characterization of murder as intended infliction of death to another person. It is stated that the infliction of death by negligence differs from murder only in the form of guilt. We support and justify the medical crimes structural separation. We give as an example the statistical data according to which every year on part 2 of article 109 of the Criminal Code of the Russian Federation from 65 to 126 people are condemned. It is indicated that it is impossible to establish the number of medical workers prosecuted for this crime. In addition, it is concluded that such statistics are not comparable with the number of complaints filed by patients in connection with inadequate medical care, as well as with data, for example, the Office of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) in the Voronezh Region on the frequency of discrepancies between clinical and pathological diagnoses, indicating a serious problem in the provision of medical care. We characterize the reformed institution of criminal liability for incitement to suicide. We made conclusion that the criminal law policy in the sphere of combating crimes against life is characterized by the expansion of the list of socially dangerous acts recognized as criminal.
Current Issues of the State and Law. 2019;3(9):45-54
pages 45-54 views

The specifics of the crimes committed in the sphere of land relations: criminological aspect

Orlov P.P.

Abstract

We consider criminological regularities, tendencies and state of crimes committed in the sphere of land relations. The purpose of the study is to identify the specifics of crimes committed in this area. We study and analyze statistical data of federal government institution “Main Information and Analysis Center of the Ministry of Internal Affairs of the Russian Federation” on crimes of an economic orientation where the land plot acts as a subject of criminal encroachment. We designate the key factors that directly affect the commission of crimes of the investigated type. Based on the study of criminal cases in the field of land relations we reveal that the age of 45 to 49 years is characterized by the greatest criminal activity. A distinctive feature of crimes committed in the sphere of land relations - the presence of a certain social status-was characterized. The determine features of crimes committed in this sphere are formulated. In addition, we propose a number of constructive measures aimed at preventing crimes committed in the sphere of land relations. We analyze regional programs of subjects of the Russian Federation providing security and protection of private, state, municipal and other forms of ownership. We believe that it is possible to present the prevention of crimes committed in the field of land relations in the form of a plan that includes elements of general and special prevention. The conclusion is formulated and justified on the need to highlight the prevention of crimes committed in the field of land relations as an independent section of the national plan to combat corruption.
Current Issues of the State and Law. 2019;3(9):55-65
pages 55-65 views

Qualifying signs general characteristic and their importance in corpus delicti structure planning

Avdeyev M.A., Shtrants A.S.

Abstract

We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to the aggravating circumstances listed in article 63 of the Criminal Code of the Russian Federation, on the other hand, they are expressed in the norms of the Special part of the Criminal Code of the Russian Federation as constructive signs of corpus delicti the strengthening of the level of criminal repression in relation to the basic composition of the relevant crime. In particular it is a constructive connection with the corpus delicti expresses the most popular in the literature classification of qualifying signs of the circumstances relating to: the object and the objective side, the subject and the subjective side of corpus delicti. We propose interpretation of the concept of qualifying signs, which are indicated by the circumstances, which is a constructive element of the corpus delicti, which indicate increased relative to the basic corpus delicti of public danger of the act and the identity of the person committing the act.
Current Issues of the State and Law. 2019;3(9):66-75
pages 66-75 views

The nonprofit sector role and importance in the social state development: to the question of nonprofit organizations special legal status

Zelepukin R.V.

Abstract

We consider the theme of the nonprofit organizations special legal status development in the context of the role and importance of the nonprofit sector in the state social policy. Along these lines, we note the characteristics essence of the Russian state as a social one. We disclose nonprofit organizations special administrative and legal statuses: socially oriented nonprofit organizations, performers of socially useful services, social service providers. The characteristic of dynamics of the legislation establishing the revealed statuses is given. We analyze the conditions and procedure for obtaining these statuses. Thus, we note a wide approach developed in law enforcement practice to the recognition of the activities of nonprofit organizations as socially oriented. We note the nonprofit organizations recognition conditions as executors of socially useful services, as well as the legal consequences implementation problems of obtaining this status. We substantiate public services performers differentiation necessity and social services providers. Some statistical data are given; also we summarize the state policy measures on interaction with the nonprofit sector as a whole, and on the involvement of nonprofit organizations in the sphere of social services. These measures are noted in the President of the Russian Federation and the Government of the Russian Federation acts analysis. We highlight and describe the development and adoption process of the draft Federal law “On the state (municipal) social order for the provision of state (municipal) services in the social sphere”, its advantages and disadvantages. To conclude this study, we consider that the state is interested in cooperation with the nonprofit sector, which was embodied and detailed in the identified special status of nonprofit organizations; also we note the prospects for further development of the identified status.
Current Issues of the State and Law. 2019;3(9):76-88
pages 76-88 views

Процессуальное право

About judicial discretion at considering period determination of the case by court in civil proceedings

Zolotukhin A.D., Volchikhina L.A.

Abstract

In civil proceedings, the legislator defines two conditions that ensure the process of judicial review and resolution of cases: the condition for proper consideration, resolution of civil cases and the condition for timely consideration and civil cases resolution. Proper consideration and resolution of cases involves compliance with the substantive and procedural law requirements. Timely consideration and resolution of cases involves compliance with the court terms of their consideration and resolution. Each of these conditions ensures the right of the persons concerned to judicial protection. Examining these conditions compliance process, we came to the conclusion that the fulfillment by the judge of the condition of compliance with the terms consideration and cases resolution for which he bears disciplinary responsibility, is achieved by his failure to meet the conditions of proper consideration and resolution of cases in terms of compliance with the procedural rules of their consideration and resolution, which entails violations of the right of interested persons to judicial protection. To solve this problem, we propose in civil proceedings to give the court the right to determine the period of consideration of the case at its discretion, based on the criteria of its reasonableness determined by the legislator.
Current Issues of the State and Law. 2019;3(9):89-98
pages 89-98 views

International and constitutional framework for criminal case proceedings against minors

Kartashov I.I., Kamyshnikova M.A.

Abstract

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.
Current Issues of the State and Law. 2019;3(9):99-106
pages 99-106 views

Национальная безопасность

Evolution of private military companies in the world

Shishmonin S.V.

Abstract

In a rapidly changing and unstable situation on the world stage, private military companies are present and developing very effectively in the military sphere. Relation to private military companies is a relatively new actors in the military sphere, is not clear. The history of formation and development of these organizations is short, but very bright. Mercenarism and prototypes of private military companies were known in ancient times. We show the evolution of private military companies from mercenaries to modern companies. In the modern sense of the term private military companies began to be actively created only in the middle of the 20th century. European states, in particular, the United States, played an active role in these processes. This state also went down in history as the first legally regulate the activities of military companies. In just over half a century, private military companies have been involved in many military conflicts and have proven to be a highly mobile and versatile tool for addressing geopolitical and state tasks. Since the early of 21th century, international private corporations and enterprises have become interested in the services of these organizations. The private-military segment of the market is developing very actively and steadily in the conditions of the modern world situation.
Current Issues of the State and Law. 2019;3(9):107-113
pages 107-113 views

Narcotism as a social phenomenon that destroys people and society

Harin V.V., Plotnikova T.V.

Abstract

We consider such social phenomenon as narcotism. This concept goes back to the past. However, in modern conditions there is an activation of the process destroying society and the state. In itself, the concept of narcotism is very extensive and complex, due to its specificity and the set of circumstances that characterize this concept. We consider features of drug addiction, the reasons of emergence and development of this phenomenon are revealed. There are two groups of causes of narcotism: social and physiological. The first group is the most numerous, and the second group without interrelation with social conditions some scientists don't recognize. Narcotism is a very destructive phenomenon that destroys the human body and its social personality, causes dependence. We consider the mechanism of reliance on drugs in two aspects: human adaptation to drugs, physical and mental dependence. Physical and psychological dependence is the most dangerous for a person who has used drugs for the first time. In the future, they form harmful to humans, the habit of consumption of “poison”. We reveal and consider the aspects of society destruction under the influence of this phenomenon. Narcotism has a destructive impact on society, as it contributes to the development of diseases and crime.
Current Issues of the State and Law. 2019;3(9):114-123
pages 114-123 views

Юридическое сообщество

Review of the “round table” “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”

Shunyayeva V.A., Vorobyeva S.V.

Abstract

We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interaction, forms of cooperation in the framework of a single task aimed at improving the level of spiritual culture of Russian citizens. The participants of the conference were teachers and students who are interested in these issues in detail and have their own research positions on the issue of discussion. The review cover the content of the “round table”, where reports were presented on the issues related to the aspects of interaction between the state, society and the church; freedom of conscience and secular state; problems of constitutional human rights to freedom of conscience and religion, their interpretation; implementation of the right to freedom of conscience and criminal liability for its violation and other aspects of the discussion.
Current Issues of the State and Law. 2019;3(9):124-131
pages 124-131 views

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