ARTICLES
Категория «ограничение права», связанная преимущественно с формальными техническими правовыми инструментами, с учетом цели и закономерностей смыслообразования, нуждается в некотором переосмыслении. В частности, необходимо лучше подчеркнуть его содержательные аспекты в контексте обеспечения надлежащего баланса интересов гражданина и общества. В свою очередь отметим, что единство методологии, доктрины и судебного правоприменения образует некую специфическую триаду, обладающую определенным эвристическим потенциалом для изучения существующих механизмов судебной защиты и их совершенствования в условиях модернизации, глобализации и интеграционных процессов. в современном постиндустриальном мире. В качестве визуализации этого положения мы предлагаем своеобразный фрактал. Особый научный интерес для нас представляет образование смыслов в правовой сфере, которое также имеет черты фрактала. Принимая во внимание фрактальные свойства права, изложенные в данном исследовании, углубимся в обоснование триады, состоящей из методологии, доктрины и судебного правоприменения. Судебная практика, представляемая как третий, нижний уровень нашей воображаемой триады, в связи с этим предстает своеобразной эмпирической площадкой, на которой одновременно поступают импульсы «сверху».
The article considers and establishes the interaction between the proper fulfillment of tasks aimed at the judicial authority at the preparation of the case for trial; issues considered by the court in the court session; issues resolved by the court in the deliberation room when making a court decision; the motivation part of the court decision and the grounds for its annulment. The author deserves special attention for consideration in the study of the tasks, the resolution of which is associated not only with the judicial activity of the court, but also with the evidentiary activity of all participants in the process: the task of determining the circumstances relevant to the case, in other words — the correct definition by the court of the subject of proof in the case; the task of determining the necessary evidence, as well as assisting in their collection to the parties who need it.
Criminal law as a whole, as a specific type and instrument of social regulation can be properly effective not only if its provisions are optimally regulated, but also if the latter correspond to its essence, considered both in terms of legal formulas, requirements of legislative technique, proper systematization and well-thought-out structure, and social phenomena and processes. Th is component is identified by doctrine and allows monitoring how successfully it is realized in the norms and prescriptions of the law. Individualization of punishment in criminal law is presented as a necessary stage in the process of its selection and appointment, at the same time it serves as a manifestation of an important function, consisting in the establishment and restoration of justice in social relations. Meanwhile, in recent times, more and more often specialists are becoming a question about the expediency of developing such a toolkit for all measures of criminal law influence without exception, because the rule of systematic dictates uniformity in their application; and the lack of unity of views among scientists in the interpretation of the socio-legal essence of various institutes of criminal law causes a wide dispersion of positions on various issues in law enforcement practice. Although it can be argued that the above-mentioned criteria at the time of preparation of this article are well enough worked out in terms of systematization of legislative material, legal technique of prescriptions (character and optimality of wording), and the degree of differentiated influence on the type and amount of punishment in strict correlation with the character and degree of public danger of certain objective circumstances, both related to the criminal act and the personality of the perpetrator; but whether they are applicable to other measures of criminal-legal character. The analysis of the problem from the stated perspective leads to the conclusion about a common basis, a fundamental prerequisite, on the basis of which all criminal-legal constructions are formed without exception — in the socio-legal aspect it is a noticeable reduction of public danger, and in the legal aspect — a set of legal provisions, appropriately enshrined in the law, acting as a basis for appropriate decisions and providing legal consequences of actions that demonstrate such a reduction or complete loss. At the same time, a number of criminal-legal measures as a key parameter contain other social and private-legal needs, for the satisfaction of which they are enshrined in the law — while the focus on public danger does not lose its significance in this case, but turns out to be only one of the important social characteristics. As a result of the present study, proposals on optimization of some provisions of the Criminal Code of the Russian Federation are formulated: the authors come to the conclusion about the expediency of exclusion of the sign of voluntaries in Article 75 of the Criminal Code of the Russian Federation, a different interpretation of the ratio and significance of various forms of manifestation of active repentance, changes in the wording of Articles 64 and 75 of the Criminal Code of the Russian Federation, legislative consolidation of broader formulations covering the whole variety of positive post-criminal behavior.
The article aims to consider the main problems of inheritance of objects related to digital rights within the framework of the legislation of the Russian Federation, caused by the changes affecting all spheres of society in the process of digitalization and informatization of the modern world, which has been taking place over the past decades. In a situation where there are no clear legal norms regulating the inheritance of digital assets, problems arise with access to personal data of the deceased, management of electronic communications and preservation of the very digital heritage of a particular person. This not only impacts the privacy of citizens, but also has important implications for business and academic research, especially where the digital inheritance includes scientific data. Th e development of clear and steadily working legal mechanisms for the inheritance of digital rights is a crucial challenge for modern societies seeking to ensure respect for each individual’s personal space and digital assets in the face of constant digital transformation. Th e absence of a legally regulated process of transferring digital rights from one person — the testator — to another person — the heir — creates contradictions and causes certain problems in the law, which can only be eliminated by introducing a legally regulated procedure for this process.
The problem of juvenile alcoholism in Russia has been relevant for decades. This issue has been dealt with by a number of scientists, conducting empirical studies. The article considers alcoholism from the point of view of deviant behavior; several definitions of the above definition are given, and the main deviantological concepts are given. The authors consider the historical aspect of the problem of alcoholism in Russia. The history of this addiction has deep roots: it originated in ancient Russia. The attitude to this kind of addiction was both negative and positive. Initially, scientists tried to identify the causes of alcohol addiction. The article states that all decisions of the highest authorities on the issue of counteracting alcoholism had a legislative basis. It is noted that the history of alcohol consumption in Russia has its socio-political and socio-cultural specifics. In order to clearly show the rootedness of the problem of alcoholism, the data of epidemiological studies were cited, which indicate the presence of alcoholism among the young population of the country.
The article is devoted to the legal coverage of business relations in the market for housing and communal services, which are characterized simultaneously by their complex and socially significant nature. It is proposed to defi ne business relations in the market for housing and communal services as regulated by the norms of the law as complex property and organizational relations that develop in relation to the supply of housing and communal resources and the provision of housing and communal services. Business relations in the market for housing and communal services should be qualified as relatives. The objective criterion of cost estimation for housing and communal services allows us to talk about the property character of business relations in the market. It seems that the division of relations into basic and derivative is applicable to the sphere of housing and communal services. The peculiarity of a communal resource in entrepreneurial relations is the possibility of consumption. Business activity in the market of housing and communal services assumes the reimbursable character of the majority of relations, but at the same time, based on the objectives of the activities of individual subjects, the gratuitous character is also possible.
The author of this study aims to form a comprehensive scientific view of integration in law as a part of legal integration in general. It is pointed out that the design and creation of new branches of law is carried out by means of communication of certain legal characteristics of legal institutions and legal aggregates, as well as specific legal norms. Integration processes, as a rule, create an individual sectorial legal regime, which includes a variety of ways of legal regulation functioning in interrelation with each other. Such an individual sectorial legal regime should be studied in more detail, as it is characterized by the presence of a single goal of legal regulation of social relations. From the historical point of view, legal integration began to develop from the moment when the state and law emerged, when national legal systems began to emerge. The author mentioned that, speaking about a particular society, one can see the connection with historical formation on the basis of its own cultural, national, territorial factors.
ISSN 2686-7885 (Online)