No 2 (2021)
LAW
5-9 92
Abstract
On May 5, 1998, the 1950 Convention for the protection of human rights and fundamental freedoms entered into force for the Russian Federation, and Russian citizens who exhausted all domestic remedies and did not achieve the restoration of their rights had the opportunity to file a complaint with the European Court of Human Rights. This article provides a brief analysis of the impact of the decisions of the European Court of Human Rights on the improvement of the judicial system in Russia. The issues of implementation of convention issues into national legislation are considered. Studied the problems of direct action and the application of decisions of the European Court of Human Rights in the domestic legal order.
10-16 151
Abstract
This article is dedicated to the idea of punishment in the perspective of ancient European and oriental philosophers. We give a critical review of the philosophical views of Ancient Greece, Ancient Rome and, in part, the political and legal views of ancient Chinese philosophers on criminal punishment, based on an analysis of the social and legal conditions of that historical era. The authors focus on philosophical and legal issues associated with the origin of the idea of punishment, and the theoretical attempts to explain its purpose, goals and legal entity in the teachings of ancient philosophers. We draw conclusions on the main points of understanding the idea of punishment among ancient philosophers.
17-24 116
Abstract
The article discusses some topical issues of legal regulation of the institution of non-professional defense in modern criminal proceedings. In addition to theoretical aspects, attention was focused on normative and practical sources, the study of which gave reason to believe that a number of questions about determining the procedural status of non-professional protection and the persons providing it (non-professional defender) were in need of legal regulation. It is stated that the lack of both regulatory and academic information leads to problems associated with determining the limits, content and quality of activities carried out by non-professional defense in the interests of the parties to the defense. We did a historical, comparative analysis of the understanding and correlation of non-professional protection with professional to determine the main features that allow them to be differentiated. Attention was also focused on the controversial aspects of determining the advisability of expanding non-professional protection in criminal proceedings. The study of the problem in the science of criminal justice is fragmentary, while there is a need for fundamental and comprehensive research. The article offers recommendations for regulatory activities.
25-31 183
Abstract
The article examines the development of the human rights function of the Prosecutor’s Office of the Russian Federation, on the basis of the legal basis of the activities of this state body, highlights the main directions of its human rights activities, analyzes academic publications and highlights the most relevant problems that are studied by scholars when analyzing the activities of the Russian Prosecutor’s Office, attempts to clarify the role and place of the Prosecutor’s Office of Russia in the system of separation of powers. To achieve this goal, we used formal-legal and comparative-legal research methods.
32-38 100
Abstract
The analysis of foreign experience in the application of punishments related to labor impact on a convicted person can be useful for improving the criminal legislation of the Russian Federation. Despite the fact that in some foreign countries penalties related to deprivation of liberty remain the main element of criminal justice, there is a growing interest in alternative types of punishment that are not related to deprivation of liberty in the world. At the same time, punishments related to the restriction of the labor rights of convicted persons are recognized as a real alternative to imprisonment. The article analyzes the criminal legislation of a number of foreign countries on the legislative regulation of punishments related to the restriction of the labor rights of convicts.
39-47 113
Abstract
The article deals with the protection of constitutions. Despite the fact that the protection of constitutions has appeared as an urgent need since their proclamation as the basic laws of society, the problem of ensuring their preservation, their direct operation still remains very relevant. The Constitution is not only a formal constituent document with the necessary set of properties, it is also an act of an educational humanitarian nature, forming a certain (constitutional) worldview in society. Bodies of constitutional control created for the protection and protection of constitutions can become and are the main conductors of such a worldview. By protecting and protecting constitutions, they are both interpreters. That is, it is on their understanding of the constitution and on the form and content in which they will present the main constitutional postulates to society that the development of the social constitutional worldview generally depends. At the same time, when the balance in the system of separation of powers is disturbed, constitutional control bodies do not always manage to be impartial defenders of constitutional values. However, in the system of separation of powers, they are given the role of balance. Accordingly, they face the most difficult task: to ensure the balance and stability of the power (s) within the framework of the democratic principles established by the Constitution, only by the fact of its existence, while at the same time influencing the authorities and public institutions by forming their positions in solving cases, guided by objectively existing generally accepted legal principles. The Constitutional Court of the Russian Federation does not always cope with such a task. From time to time, he makes rather subjective decisions focused on current government needs and often far from the true constitutional and democratic values. The article examines some problems of protecting constitutional provisions, and the authors reflect on ways to find solutions to the problems.
48-53 131
Abstract
The control is one of the most important elements in the mechanism of municipal government and occupies a certain place in the system of implementation of executive power by local self-government bodies. Municipal control is provided for by many sectoral federal laws and laws of constituent entities of the Russian Federation, which leads to difficulty in distinguishing types of municipal control. The implementation of municipal control depends on the number of its types and has quite serious legal consequences, primarily affecting the interests of legal entities, individual entrepreneurs and citizens. The frequency of inspections directly depends on the number of types of municipal control. The absence of a single legal act providing specifics of control at the municipal level leads to the allocation of types of control at the discretion of the local self-government bodies themselves. According to the authors, not all types of municipal control allocated by local governments are independent. The authors propose a classification of the types of municipal control depending on their content: independent and accompanying. This classification contributes to determining the content and isolation of independent types of municipal control, including the content of land control, for the purpose of uniform application of the rules of law by local self-government bodies. According to federal legislation, control over the use and protection of subsurface resources during the extraction of commonly occurring minerals and the construction of underground facilities not related to mining is not an independent type and should be carried out as part of municipal land control.
POLITICAL SCIENCE
54-58 181
Abstract
The article examines the issues of conceptualization of the Russian municipal political elite. The main concepts of effective local policy, the specifics of the municipal elite were considered. The institutionalization of local self-government in Russia has updated the research of local and municipal political elites. The changes in legislation and amendments to the 2020 Constitution affect the degree of autonomy of Russian local self-governments. The promising directions of building a favorable relationship with the regional and federal authorities were highlighted. The analysis of the activities of the municipal political elite was carried out.
59-64 247
Abstract
The article examines the history and features of the formation of national communities and diasporas in Russia. The Azerbaijani diaspora and the Dagestani community are compared by various indicators. With regard to the Azerbaijani diaspora, the authors note the success of public diplomacy implemented by activists of the Azerbaijani community, which allows us to conclude that the Azerbaijani diaspora is highly involved in the socio-political processes of modern Russia. With regard to the problems of involvement of the Dagestani community, the authors describe it as “average”, usually limited to cultural and sports activities. The paper highlights the positive and negative factors of the involvement of these ethnic groups in socio-political processes, and considers the problems faced by diasporas and communities in a multinational state. In the final part, the authors proposed a number of measures to create conditions conducive to building a dialogue between the state, diasporas and communities, among which it is necessary to note a systematic approach and the institutionalization of the state’s work with ethnic groups.
65-73 102
Abstract
Based on the analysis of the 2020 presidential elections, trends in the development of individual institutions of the American political system, we designated value transformations in the society. The past elections once again demonstrated the problems in the US electoral system; the process of polarization is intensifying after the presidency of Donald Trump. It is also important to note that specific regional and global processes accompanied the very atmosphere of the pre-election race. The former include the death of George Floyd and subsequent protests; calls for racial justice; news about fraudulent elections at the federal level, etc. The COVID-19 Pandemic, during which the political struggle took place; the weakening of religion, recorded in the reports of The World Values and others - all these can be classified as global processes. Taken together, all these processes influenced the 2020 elections, which in turn makes them strikingly different from previous elections.
HISTORICAL SCIENCES
74-82 287
Abstract
The purpose of the article was a historiographic review of historical and historical-demographic research in Yakutia during the Great Patriotic War of 1941-45. For 80 years since the beginning of the war, almost all of its period has been widely covered in the works of researchers in individual monographs, articles, in collections of scientific conferences, “round tables”, etc. Yet even today, this topic does not lose its relevance due to the scale of the events being studied. Recently, researchers have raised a number of new problems and questions related to the participation of the population of Yakutia in the Great Patriotic War. Yakutia suffered huge human losses on the fronts of the Great Patriotic War, but among researchers there is no consensus on the number of victims. Questions related to the causes of the death of the population of Yakutia from hunger are reaching a new level of study. It is known that not only natural and geographical conditions caused famine and mass death of the population, but also mistakes and miscalculations of the republic’s leadership. The following indigenous peoples of the North live on the territory of Yakutia: Evenks, Evens, Yukagirs, and Chukchi. Their socio-economic and demographic situation during the war has practically not been studied. An attempt to generalize and analyze the academic research base available in the historical literature on the topic and determines the academic novelty of the publication.
83-88 148
Abstract
The article considers the early history of a medical network and medical care in the northern districts of Yakutia in the 1920s-30s. The authors note that public health became one of the priorities in the state policy during that period. The issue was particularly acute in the northern districts of the country. During the period under review, the foundations of the healthcare system were laid, characterized by the opening of hospitals, medical centers, increased funding, and training of medical personnel.
89-94 151
Abstract
The history of local self-government in the Yakutsk region is of great interest to researchers, both historians and lawyers. The experience of the functioning of local self-government in pre-revolutionary Yakutia, solving urgent problems of economic activity of the Yakuts, economic relations can be used in the modern society. The purpose of the academic article was to consider the history of the formation of ideas about the traditional management of the Yakuts in the pre-revolutionary historical literature. In the course of work on the article, the works of pre-revolutionary researchers were analyzed, where the traditional management of the Yakuts is considered. It is concluded that since the 18th century, there was a process of accumulating ethnographic knowledge about the Yakuts, including the consideration of the inherited administration. In the 19th century, political exiles made a great contribution to the study of the population and governance of the Yakuts, whose research activities contributed to the accumulation of knowledge about the life and self-government of the Yakuts. In the late 19th - early 20th centuries, the first scholarly works devoted to the history of local self-government in the Yakutsk region began to appear. The pre-revolutionary historical literature became the basis for subsequent studies of the history of the Yakut administration.
ISSN 2587-5612 (Online)