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Страна Россия
CITIZENSHIP AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL STATUS OF A PERSON AND A CITIZEN IN THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC
Kanakova A.E.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
One of the inalienable features of the state is citizenship, since the existence of the state cannot beensured solely through the constitutional consolidation of the general characteristics of the state and society.It is the presence of persons who have a stable legal connection with the state that ensures the real functioningof public authorities and civil society, turning them from legal structures into functioning legal institutions.In 2014, the Lugansk People's Republic and the Donetsk People's Republic adopted Declarations of Sovereignty,the purpose of which was to mark the moment of formation of states separate from Ukraine. Consequently,the formation of new states predetermines the raising of the question of the status of persons living in theterritories of the Lugansk People's Republic and the Donetsk People's Republic, and their citizenship. Theconstitutional and legal status of the relevant persons was transformed following a qualitative and (or)quantitative change in their citizenship, which entailed not only a different scope of rights, freedoms andduties of a particular individual, but also the content of the principles of the constitutional and legal statusof an individual, on which the essential filling the position of the individual in society.
ON UNDERSTANDING CONTINGENCY IN THE QUALIFICATION OF VIOLENT CRIMES
Tydykova N.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article analyzes the practice of interpreting the term «contingency», which is used by the legislatorin the constructions of articles 105, 131 and 132 of the Criminal Code of the Russian Federation. It is notedthat there is no legal definition of this concept, and law enforcement has not developed common approaches.Possible variants of understanding this term in the compositions of rape and violent acts of a sexual natureare being explored. It is proved that for the purposes of qualifying these crimes, it is impossible to use theapproaches that have developed in the practice of qualifying murders, both because of their inconsistencyand because of the significant differences between these crimes. It is noted that at present there are no initialgrounds for determining the nature of the connection between rape or sexual assault and other grave orespecially grave crimes against a person, which would determine the contingency of these crimes. A numberof qualifying issues have been identified that require resolution in order to form a uniform law enforcementpractice: the impact of the time gap between crimes and the procedure for their commission on qualificationon the basis of their conjugation, the possibility of qualifying as crimes conjugated to each other, providedfor by Art. 131 and 132 of the Criminal Code of the Russian Federation.
QUOTA AS A LEGAL TOOL FOR IMPROVING THE EFFICIENCY OF THE EDUCATION SYSTEM
Nefedova E.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The author examines the provisions of the current regulatory legal acts of the Russian Federation,guiding (strategic) documents defining the directions of legal policy to improve the effectiveness of theeducation system. The hypothesis is put forward that one of the legal instruments to stimulate interestin specific areas of training, as well as to equalize the needs of the labor market, is the institute of quotas.Referring to the various points of view of scientists on the functional purpose of quotas, their practicalimplementation in the conditions of modern state-legal laws, the author puts forward a provision on thepossibility of perceiving quotas as an independent legal means aimed at regulating public relations. Applyinga variety of means and methods of cognition, among which a special role was assigned to the dialecticalmethod, as well as with the help of comparative legal, formal legal methods, the conclusions are argued,specifying the doctrine of the means of legal regulation, legal advantages, incentives and restrictions in law,aimed, inter alia, at improving the effectiveness of the education system.
THE SYSTEM OF FUNCTIONS AS THE BASIS OF THE CONCEPT OF THE FEDERAL MINISTRY
Mankovskiy I.U.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The effectiveness of public administration depends on the sustainable development of the system offederal executive authorities, in which the key role is assigned to federal ministries. At the same time, there isno unity in the understanding of the federal Ministry in the legal literature. Accordingly, the article exploresthe theoretical, historical, and legal foundations of the formation of the concept of a federal ministry, whichallow us to talk about changing the vector of building the system of federal executive authorities since 2004in order to optimally restructure it in the event of emergency. The analysis of the current regulatory legalacts defining the essence and content of the organization and functioning of federal ministries is carried out.The author suggests in the definition of the concept of the federal ministry to be based on the functionalprinciple enshrined in the current regulatory legal acts. There are «basic» functions characteristic of allfederal ministries and «additional» functions provided to certain federal ministries in accordance withregulatory acts. The conclusion is made about the understanding of the federal Ministry as a centralizedfederal executive body endowed with appropriate functions.
НАУКА ТЕОРИИ ГОСУДАРСТВА И ПРАВА В РОССИИ: ИСТОРИЯ И СОВРЕМЕННОСТЬ
Frolova E.A.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article analyzes the methodological problems of fundamental jurisprudence. The evolution of thebackbone legal science — the theory of state and law is shown. Its prototype was the encyclopedia of legalsciences, representing in a compressed form the entire body of knowledge about law. In Russia, a full legalencyclopedia appears in the 30s of the XIX century. However, domestic science did not follow the path ofencyclopedism — Russian lawyers focused their attention on understanding concepts and creating legalconcepts. The Encyclopedia of Law actually merged with its general theory. In Soviet times, the problemsof the theory of state and law and the philosophy of law were not separated either methodologically or incontent. During this period, the science of the theory of state and law was an inseparable material on issuesof jurisprudence: the theory of state and law, the history of political and legal doctrines, the philosophy oflaw, the sociology of law, and constitutional law (Soviet state law). At the turn of the 20th-21st centuries,significant changes took place in Russian jurisprudence that influenced the methodology of cognition of law.If for the Soviet legal science there was the only true Marxist-Leninist methodology for the study of state andlaw, then in the conditions of the de-ideologization of social sciences, the authors defend the pluralism oflegal understanding. Modern scientific literature states that the methods of cognition used by legal schools can be different and even mutually exclusive. It is recognized that the methodology sets the point of viewfrom which the researcher evaluates the law, and since these methods are poorly compatible, different viewson the essence of law and the state become an objective reality. A consequence of the pluralistic approachto the study of social phenomena was the need to distinguish between related sciences of the historical andtheoretical cycle.
THE HETEROGENEITY OF BUSINESS ACTIVITY AS A FACTOR IN THE SYSTEMATIZATION AND DEVELOPMENT OF LEGISLATION
Pyatkov D.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article examines the question of the concept of business activity. It is concluded that this conceptcovers various types of human activity that cannot be reduced to entrepreneurship. The category «businessactivity» is not used in the Russian civil legislation, which is its significant drawback. In general, jurisprudencepays little attention to this generic category. In this regard, the main type of this activity is not fullyunderstood — entrepreneurial activity. There is no clarity as to the whole variety of business activity;there is no criterion in the legislation that allows in law enforcement practice to confidently distinguishentrepreneurship from other types of business activity. Based on the analysis of domestic pre-revolutionaryliterature on commercial law and modern foreign trade codifications, proposals were made to improveRussian legislation. In particular, it is proposed to distinguish between entrepreneurial and other types ofactivities according to such a criterion as the professional implementation of activities.
ROSTEKH STATE CORPORATION: LEGAL AND PRACTICAL ASPECTS OF ACTIVITY
Platunova T.L., Mezhentsev V.A.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article provides a study of the Rostec State Corporation as a non-profit organization, as a legalentity endowed with all the features. Such a statement of the problem led to an analysis of the structureof the corporation, the functions, and management bodies of the corporation. In the course of the study,both the legal features of building a corporation and the practical aspects of its activities are considered.The role of this state corporation in economic processes within Russia is considered. The analysis of theregulatory framework for the functioning of the state corporation was carried out, the role of civil law inregulating processes in the corporation was noted. The study traces the role of the state corporation in theformation of new, relevant sectors of the economy, effective import substitution. The paper notes that thestate corporation is constantly improving the mechanism of corporate governance, however, problems in thisarea are also noted. Conclusions are drawn regarding the mechanism of legal interaction between industrialenterprises and the state corporation.
HISTORICAL AND LEGAL AND COMPARATIVE ASPECTS OF COUNTERING EXTREMISM
Starodubtseva M.A.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article provides a study of the retrospective of the emergence and formation of an understandingof extremism. The author refers to the etymology of the very concept of “extremism”. The term “extremism”originates from the Latin word “extremus”, which in translation into Russian means “extreme, excessive”,going beyond the established limits and norms. Based on etymology, extremism can be interpreted as acommitment to extreme views, methods of action. Already in the period of the Ancient World and throughoutthe main stages of history, situations arose in which certain categories of people were ready to violate andviolate existing norms in order to achieve their goals and ideals, while applying measures prohibited by anypublic regulator. In fact, this is what will be called terrorism much later.In political, sociological, journalistic literature, the concepts of “terror”, “terrorism” and “terrorist act”are most often proposed to be used as synonyms. Synonymization in this case is convenient in a utilitariansense, but becomes an obstacle in terms of methodology. Based on etymology, any act of violence can beinterpreted as terrorism only if it pursues the goal of intimidation. But from the point of determining thesubject and object of such crimes, synonymization does not take into account the specific situation in whichthe specified crime is committed. Hence, when considering the history of extremism, as the author notes,it is necessary to trace the change in the interpretation of the term “extremism” at different stages of thedevelopment of society.
CURRENT ISSUES OF THE INSTITUTE OF CROSS-BORDER BANKRUPTCY
Kovalenko E.Y., Litskas M.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 1,
open access Open access ,
doi.org, Abstract
In modern conditions, the legal regulation of issues of cross-border insolvency of subjects of internationalprivate law is of particular importance due to the complication of the economic and foreign policy situationaround the world. In such conditions, urgent problems of protecting the rights and legitimate interestsof creditors acquire particular importance. The article deals with topical issues of the institution of crossborder bankruptcy and the tasks of improving insolvency procedures complicated by a foreign element.The authors identified the following most important and interesting problematic issues: 1) the problemof «bankrupt tourism» (and closely related issues of mutual recognition of court decisions and proceduralestoppel); 2) the problem of bringing the persons controlling the debtor to subsidiary liability; and 3) theproblematic aspects of conflict regulation of challenging and invalidating the debtor's transactions. Theauthors pay special attention to the complexity and ambiguous approaches to the choice of applicablelaw and appropriate bindings in such situations. As a result of studying Russian and foreign experience inapplying the norms of private international law in judicial practice in cases arising in the field of cross-borderbankruptcy, the authors came to the conclusion that the domestic legal framework for the legal regulation ofrelations in the field of cross-border bankruptcy needs further changes, primarily on the level of perceptionof universal or regional agreements, such as EU Regulation 20.05.2015 N 2015/848 (Recast), within whichmany contentious issues that arise when choosing the applicable law in matters of cross-border insolvency(bankruptcy) are settled. The Russian legislator should also pay close attention to the problems of crossborder insolvency in the current sanctions conditions, provide for mechanisms for the priority protection ofthe rights of domestic participants in economic turnover, while not excluding the positive foreign experienceof legal regulation in this area.
ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS
Tydykovа N.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article is devoted to the study of the question of the possibility of the influence of the nature of therelationship between the perpetrator and the victim on the differentiation of criminal liability for sexualcrimes. With references to foreign experience, it is proved that the commission of such crimes by personswho are in a relationship with the victims, involving trust, recognition of authority, security assurance, is afactor that significantly increases the degree of public danger of these crimes. It is proposed to supplementarticles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation with such a qualifyingcircumstance as their commission by a person who is close to the victim, or lives together with the victim,or who is responsible for treatment, education or training. The substantiation of the differences betweenthe wording proposed for the Russian Criminal Code of the Russian Federation and those used by foreignlegislators is given. In each of the elements of crimes, the place of this qualifying feature is determined. It isproved that taking into account in such cases only the aggravating circumstance in the Criminal Code of theRussian Federation will not ensure an increase in liability to the required level.
PROTECTION OF THE RIGHT OF POOR CITIZENS OF THE RUSSIAN FEDERATION TO HOUSING BY INDIVIDUAL STATE BODIES
Plehotko K.K.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
In Russia, an extensive system of bodies involved in the protection of the rights of citizens has developed.At the same time, their work often affects not only the resolution of a particular dispute, but also affectsthe entire system of social relations in a certain area. The Supreme Court of the Russian Federation andthe highest judicial bodies of the constituent entities of the Russian Federation may invalidate, respectively,certain provisions of the regulatory act at the level of the Russian Federation or its constituent entity. TheProsecutor's Office of the Russian Federation has a significant impact on public relations, since it not onlyconsiders specific complaints, but also exercises overall control over the activities of public bodies. TheCommissioners for Human Rights of the Russian Federation and in its subjects have the opportunity to collecta large amount of factual material about the real state of affairs in any direction. A study of the activities ofthese bodies to protect the right of poor citizens to housing and the use of existing powers will allow us toevaluate the effectiveness of the mechanism for ensuring the rights of citizens.
SOME ISSUES OF THE APPLICATION OF CRIMINAL LAW FOR PERSONS INVOLVED IN THE PROTECTION OF PUBLIC ORDER AS PART OF THE PEOPLE'S SQUAD
Erakhmilevich V.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article is devoted to some issues of the legal status of people's combatants. In criminal law, their roleis defined as persons performing a public duty. Some features of the criminal liability of persons who havecommitted crimes against this category and issues related to the criminal liability of people's combatantsdirectly are considered. The relevant problems in the application of criminal law are illustrated by examples.
THE IMPORTANCE OF IDEOLOGICAL DIVERSITY AND POLITICAL PLURALISM FOR THE DOMESTIC STATE: CONSTITUTIONAL–LEGAL AND THEORETICAL–LEGAL ASPECTS
Golovinov A.V., Golovinov Y.V.
Altai State University
Russian-Asian Legal Journal, 2023, цитирований: 1,
open access Open access ,
doi.org, Abstract
The purpose of this article is to emphasize the role and significance of the constitutional principle ofideological diversity and political pluralism for maintaining the democratic foundations of the nationalstatehood. The authors show that the existence of this or that ideology is possible only within the frameworkof a constitutionally fixed legal ideology, the essence of which is to maintain a balance of constitutional values, the interests of society, the state and the individual. The paper establishes that the principle of ideologicaldiversity and political pluralism is of particular importance in a democratic constitutional state. Indeed, insuch a state, pluralism, formalized in the form of ideological diversity, is the basis of the constitutional order.Moreover, the priority of human rights as the most important foundation of the rule of law cannot be fullyrealized outside the above-mentioned principles of ideological diversity. The most complete realization ofthese rights and obligations is possible precisely in conditions of ideological diversity.
BASES OF HISTORICAL AND CULTURAL UNITY OF THE SLAVIC AND TURKIC PEOPLES IN RUSSIA AND CENTRAL ASIA
Vasiliev A.A., Сорокин В.В.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
Modern data show that the second half of the first millennium is a period of great importance for aholistic understanding of the history of Central Asia and adjacent territories. At this time, a new communityof nomads was formed, which became the core of one of the largest empires of the early Middle Ages — theFirst Turkic Khaganate. In the subsequent time, the scale of this political formation, which went far beyondthe Central Asian region, determined the dialogue of the Turks with the Slavic peoples and their commonfate on the territory of Eurasia.
THE EXPERIENCE OF COUNTERING TERRORISM AND REVOLUTIONARY RADICALISM IN THE RUSSIAN EMPIRE (QUESTIONS OF THEORY)
Kulikov E.A.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article summarizes the experience of countering organized and spontaneous manifestations ofterrorist-oriented crime and revolutionary radicalism accumulated by law enforcement agencies of theRussian Empire in the second half of the XIX — early XX century. The aim of the study is to comprehendthe counteraction to terrorism and the revolutionary movement in the Russian Empire as threats to itssustainable development. The aspects of the interaction of radicalism and terrorism with various layers ofsociety, the attitude of various social groups to the manifestations of these phenomena are analyzed. Thestudy is a retrospective analysis of the historical socio-negative phenomenon of terrorism and revolutionaryradicalism, as well as the experience of countering this phenomenon in a socio-historical and political-legalcontext.
CONSTITUTIONAL ECONOMIC RIGHTS OF WOMEN IN MODERN RUSSIA: IMPLEMENTATION PROBLEMS
Golovinov A.V., Golovinov Y.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The purpose of this publication is to explore the mechanisms for the implementation of the constitutionaleconomic rights of women in Russia and update them. To achieve this goal, the following tasks are supposedto be solved: firstly, to determine the legal status of women in the field of labor relations; secondly, to considerthe content and guarantees for the realization of the socio-economic rights of women in the Russian Federation;thirdly, to identify the specifics of the judicial protection of women's rights in the socio-economic sphere.The study is based on the comprehensive application of the formal legal approach, which, in our opinion,allows us to clearly identify the problems of implementation and show the features of the judicial protectionof the socio-economic rights of women in our country.The authors found that the domestic state, clearly understanding the entire array of accumulatedproblems in the exercise of their constitutional economic rights by women, is trying to create additionalguarantees by adopting decrees and concepts. Today, the “Concept of the Demographic Policy of the RussianFederation” is actively operating in the legal field of the country, which was approved by the President ofthe country until 2025.
STRATEGIC PLANNING DOCUMENTS IN THE MIRROR OF THE CONSTITUTIONAL AND LEGAL DEVELOPMENT OF RUSSIA
Bezrukov A.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 1,
open access Open access ,
doi.org, Abstract
The legal nature, role and significance of strategic planning documents in the context of the constitutionaland legal development of modern Russia are revealed. Based on the analysis of the provisions of theConstitution of the Russian Federation and legislation, the paramount importance of such documents inthe development of constitutional doctrine and practice is shown. Attention is drawn to the role of lawenforcement agencies in the formation and implementation of strategic planning documents in the contextof improving the constitutional and legal policy of Russia.
THE SPECIFICITY OF THE POWERS OF THE EXECUTIVE AND ADMINISTRATIVE BODY OF THE MUNICIPAL FORMATION
Kazantseva O.L.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article is devoted to the analysis of the powers of the executive and administrative body of themunicipality. The local administration is a mandatory body in the structure of local self-government bodies,is headed by the head of the local administration on the principles of unity of command and has generalcompetence. The specifics of the legal status of the local administration is expressed in the fact that itspowers, unlike other local self-government bodies, are not directly regulated by federal legislation, theyare determined by the charters of municipalities. Since there are no general requirements and criteria fordetermining the powers of local administrations, this approach causes a number of problems that arise inpractice. This article provides suggestions and recommendations for their elimination.
ВОЗНИКНОВЕНИЕ И РАЗВИТИЕ ПОНЯТИЯ «СПЕЦИАЛЬНЫЕ ЗНАНИЯ» В ДОРЕВОЛЮЦИОННЫЙ ПЕРИОД
Spirev D.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article is devoted to the study of the genesis of the development of the term of special knowledge incases of insult, subjects of the use of special knowledge in the pre-revolutionary period of the Russian state.The necessity of scientific development of approaches to understanding the essence of special knowledge inrelation to the Russian legal system, including criminal, civil and a set of norms in cases of administrativeviolations, is substantiated. The importance and necessity of a competent interpretation of such a legal termis emphasized.The article analyzes the works of scientists on this topic, gives estimates and generalizations to this stageof the development of the term “special knowledge”. Thus, the articles of a number of scientists on this topicare analyzed, after reviewing and quoting scientific research on this topic, analytical conclusions are givenon the influence of such ideas on the general construction and scientific justification of theoretical views on the definition of the term “special knowledge”, subjects of the use and application of special knowledge,as well as the sectoral nature of such knowledge, that is, the use of opportunities various humanities andnatural sciences to address issues arising in the course of legal proceedings.The article provides an overview of the sources of Russian law, which contain indications of thepossibility of applying special knowledge, the subjects of their application or the nature of the applied specialknowledge. The importance of studying the history of the development of the term of special knowledge forthe formation of a holistic picture of the understanding of this multidimensional legal concept is emphasized.At the end of the study, a conclusion is made about the scientific elaboration of the genesis of specialknowledge in the pre-revolutionary period, as well as its influence on the further stages of the developmentof this scientific problem.
VALUES AND PRACTICES OF THE SLAVIC-TURKIC UNITY OF THE PEOPLES OF RUSSIA AND THE COUNTRIES OF CENTRAL ASIA
Vasiliev A.A., Sorokin V.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
Hundreds of archeological monuments are concentrated on the territory of the Great Altai, connectedwith all stages of the history of the Turkic community (the second half of the 5th — 11th centuries AD).They are represented by funerary and memorial objects, rock carvings, stone statues, objects of materialand spiritual culture, and samples of writing. The available materials testify to the significant prospects forfurther comprehensive study of the archaeological sites of the Turkic period in Altai. The implementation ofa program of interdisciplinary research, including a series of humanitarian and natural-science analyzes ofanthropological and osteological materials from archaeological complexes, seems to be relevant.
RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY
Konovalova L.G.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article deals with modern problems of perception and implementation of the basic principle of therule of law through correlation with the constitutional and legal concept of parliamentarism, proposed as alever to improve the efficiency of lawmaking procedures and the formation of an internally stable and fairstate mechanism. Attention is drawn to the practical difficulties of comparing the terms under consideration,associated with different national perceptions of the concept of the rule of law; with the debatable definitionof the justice of the law; with the presence of an often subtle difference between the legal force of a law anda by-law; with the intrusion of the judiciary and executive power into the prerogatives of the legislator; withthe processes of globalization, putting supranational bodies above parliaments; with chaos, inconsistency,irrationality and a significant amount of legal norms, as well as a variety of areas of legal regulation in themodern state. At the same time, the article notes positive trends in the convergence of legal structures ofthe rule of law and parliamentarism, associated with the emergence of legal levers to ensure the reality ofthe rule of law (law), including constitutional justice, supranational bodies; awareness of the inextricablerelationship between the rule of law and the implementation of human rights, the separation of powers,the accessibility and fairness of the court, the responsibility of the authorities; posing the question of theeffectiveness of legislation.
ON THE PROBLEM OF THE ABSENCE OF A REGULATORY AND LEGAL BASE FOR THE SYSTEM OF PREVENTION OF THE SPREAD OF TERRORISM IDEOLOGY IN EDUCATIONAL ORGANIZATIONS
Starodubtseva M.A.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The problem of organization of countering terrorist activity and other destructive phenomena ineducational institutions today seems more relevant than ever. Throughout the country, there has been anincrease in the statistics of acts of the use of firearms or cold steel in educational institutions (acts of schoolshooting), as a result of which the level of anxiety among students and teachers of educational organizationsthat do not have the opportunity or do not know the rules of conduct in such emergency situations is growing.It can be noted that in the future, such actions can lead to the undermining of the spiritual and moral bondsof society, the weakening of Russia in the domestic political and international arena. Today, within theframework of the hybrid-information war, a massive attack is being carried out on one of the most importantsocial institutions — education.It should be noted that the system for preventing the spread of the ideology of terrorism in educationalinstitutions is not enshrined at the legislative level. This situation is problematic and needs to be resolved.It is the network of universities that can become the flagship of the formation of an anti-terrorist ideologyand skills to counter terrorism and near-terrorist destructive phenomena.
PROTECTION OF THE RIGHTS AND INTERESTS OF THE PARTIES CONTRACTUAL OBLIGATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS
Kovalenko E.Y., Shavandina O.A., Tydykovа N.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The commercial nature of many areas of physical culture and sports necessitates the conclusion of civillaw contracts. In sports relations, where almost everything depends on the individual characteristics ofthe athlete, on the physiological and psychological qualities of his body, as well as on the uniqueness and specificity of a particular sport, the contract is a necessary and effective means of individual regulation,allowing to take into account the unique interests of any participant. sports relationship. As a result of theanalysis of civil legislation and theoretical aspects of the institution of protection of rights, the authorsconcluded that the protection of the rights and interests of the parties to a contractual obligation in anyarea of civil circulation, including in the field of physical culture and sports, is carried out by a wholesystem of measures aimed at ensuring the interests parties at all stages of the emergence and fulfillmentof obligations. This system is not limited only to measures of civil liability, but also consists of a set ofadditional ways to induce the debtor to properly perform duties and serve as a guarantee of ensuring theinterests of the creditor
COMPUTER GAMES AS A SUBJECT OF INTERDISCIPLINARY RESEARCH
Vasiliev A.A., Pechatnova Y.V.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
The article is devoted to the specifics of the study of computer games. The authors propose to analyzethe phenomenon of computer games in three dimensions: philosophical and cultural, socio-economic andpsychological and pedagogical. The research methodology consists of general scientific methods of systemanalysis and an interdisciplinary approach to the subject of study. As a result, the authors conclude that thereis a need for an integrated approach to the study of computer games and the impossibility of studying one ofthe aspects of computer games in isolation from the other. The experience of interdisciplinary research makesit possible to prevent a one-sided view of computer games and to consider the game as a key accompliceof progress that has led to the development of digital culture, new forms of cognition, means and scales ofcommunication, ways of monetization, new methods of psychological relief.
NORMATIVE-TRANSFORMING PROPERTIES OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A SOURCE OF LAW
Anichkin E.S.
Altai State University
Russian-Asian Legal Journal, 2022, цитирований: 0,
open access Open access ,
doi.org, Abstract
Various doctrinal approaches to assessing the decisions of the Constitutional Court of the RussianFederation as a source of law and determining its place in the system of sources of law are considered.Particular attention is paid to identifying the properties of the decisions of the Constitutional Court of theRussian Federation as a special source of law. On the example of certain legal positions of the ConstitutionalCourt of the Russian Federation on the issues of legislative procedures and the operation of normative legalacts, its normative and transformative role in the sphere of sources of modern domestic law is shown.
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