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Вестник Северо-Восточного федерального университета имени М. К. Аммосова. Vestnik of North-Eastern Federal University. Серия «Общественные науки. Social science»

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No 4 (2021)
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LAW

5-7 149
Abstract
The article discusses the issues of non-compliance of Article 4 of the Criminal Code of the Russian Federation with the provision of Article 19 of the Constitution of the Russian Federation. The article is based on the provisions of the Constitution of the Russian Federation, criminal legislation, analysis of the positions of researchers of the issues under consideration.
8-11 108
Abstract
The article examines the changes in the system of preventive measures associated with the emergence of a new measure - the prohibition of certain actions, as well as the first experience of its election and application. Analyzed statistical data, highlighted and summarized the main problematic issues on the prohibition of certain actions, which are reflected in law enforcement practice. The necessity of further development of the system of alternatives to the most stringent preventive measure, amendments to the criminal procedural legislation is argued.
12-16 164
Abstract
The article deals with the problems of qualification of banditry, in particular, on the basis of the stability of an organized group, the number of committed or planned crimes. When making decisions, the judiciary is forced to turn to pre-ruling sources that contain contradictory opinions of legal scholars, since there is no legislative consolidation of the concept of sustainability, and the one given in the Resolution of the Plenum of the Supreme Court of the Russian Federation is not sufficiently disclosed and ambiguous for understanding. In this regard, court decisions on similar cases are also different, which in turn contradicts the principle of justice. The author proposes to amend the text of the ruling of the plenum of the Supreme Court of the Russian Federation and the text of Article 209 of the Criminal Code of the Russian Federation to resolve the problem under discussion.
17-22 163
Abstract
The global political, economic and social changes that have taken place recently in the country and the world have inevitably influenced the transformation of social institutions. In such changing conditions, a person and a family lose social guidelines, the processes of adaptation to new realities become more complicated. The aim of the study was to analyze socio-economic factors influencing the formation of delinquent behavior in the family, which in turn affects the growth of violence in the sphere of family relations.
23-26 119
Abstract
The article is devoted to the legal status of the Prosecutor’s Office of the Russian Federation as a federal government agency. Based on a scientifically based understanding of the powers of the Prosecutor’s Office of the Russian Federation, the category “Prosecutor’s Office of the Russian Federation - a federal government agency” is introduced into scientific circulation and disclosed.
27-35 114
Abstract
The presented article is an overview, it examines some topical issues of theoretical justification and legal regulation of the implementation of the right to defense in modern criminal proceedings. Attention is focused on the judicial interpretation of the Supreme Court of the Russian Federation of the right to defense, the study of which gave grounds to believe that the subject composition of persons in need of ensuring the right to defense is much more diverse and broader than in the traditional understanding of the suspect and the accused. It is stated that each of the persons who have the right to defense is endowed with special rights and legitimate interests, including those that go beyond suspicion or accusation as grounds for ensuring the right under investigation. A comparative analysis of the understanding and correlation of the right to protection of persons is carried out, taking into account the main features that allow them to be differentiated, inherent in the stages that are characteristic in accordance with their status. The article also offers recommendations of a regulatory and law enforcement nature.
36-42 126
Abstract
Pharmaceutical activity is an integral part of the constitutional guarantee for the protection of human health. It is inconceivable the life of a modern person without contacting pharmaceutical organizations. The article provides the analysis the basics of legal regulation of pharmaceutical activity, considers the concept of pharmaceutical activity, which is correlated with the concept of medical activity. The conclusion is formulated about the need to apply guarantees and compensations to subjects of pharmaceutical activity, similar to those applied to subjects of medical activity.
43-46 103
Abstract
Despite the rapid development of Russian regulatory regulation of relations in the field of public procurement, law enforcement practice continues to be still imperfect, causing numerous questions from participants. The article is dedicated to the issue of improving the effectiveness of appealing to the Federal Antimonopoly Service and its territorial administrations of the bidding procedure and the procedure for concluding contracts in accordance with the provisions of the Protection of Competition Law, Purchasing of Goods, Works and Services by Certain Types of legal entities Law.
47-51 132
Abstract
Any activities aimed at using the results of intellectual activity are innovative. There are two stages of innovation activity: the first one is the creation of the results of intellectual activity, secured by legal protection, the second one is the implementation of an innovative product on the market. Profit from the use of types of intellectual property has been called “commercialization”. The objects of intellectual property commercialization can be intellectual property rights, as well as material media in which the results of intellectual activity are expressed. The article provides and discloses the stages of commercialization of an intellectual product.
52-56 126
Abstract
The article considers philosophical and legal bases of historical development of the Prosecutor’s Office environmental function in matters of protection of the environment. We present an analysis of various approaches and views in the historical retrospective of the development of Russia’s national environmental legislation. We also note that the falsehoods in the study of environmental protection legislation are caused by the fact that this branch of law is in continuous renewal, and under the continuous influence of social and natural sciences. We conclude that the solution to legal problems of ecology, which become a stumbling block for the further development of mankind, is possible only within the framework of the philosophical and legal understanding of the interaction of man, state, and society with nature.
57-60 99
Abstract
In the article on the example of the legislation of the Republic of Sakha (Yakutia) as a source of family law, the author analyzes the peculiarities of the implementation of the independence of the subjects of the Russian Federation in the field of regulation of family legal relations. The constitutional consolidation of the subjects of jurisdiction of the federation and its subjects, as well as the procedure for the operation of federal laws and laws of the subjects of the Russian Federation and the removal of conflicts between them is an important guarantee of the real operation of the principle of federalism. The purpose of the study: to reveal the possibilities of legal regulation of family relations by the laws of the subjects of the Russian Federation.
61-66 121
Abstract
The article is devoted to the general provisions of the legal institute of the standard of responsibility of residents of the Arctic zone in relations with indigenous small-numbered peoples of the Russian Federation living and (or) carrying out traditional economic activities in the Arctic zone “standard of responsibility”, introduced by Article 28 of the Federal Law “On State Support of entrepreneurial activity in the Arctic Zone of the Russian Federation”. The authors believe that the introduction of the “responsibility standard” institute will lead to an improvement in the relationship between representatives of the indigenous peoples of the north and subsoil users, as well as increase the responsibility of subsoil users in the Arctic zone.
67-75 99
Abstract
The main attention in this article is paid to the current state of criminal procedural science, which by and large should be responsible for the state of affairs in the law enforcement sphere in general and in the fight against crime, in particular. In presenting his thoughts, the author proceeds from the fact that the work on improving the norms of Russian criminal procedure legislation is currently based not so much on scientific data collected by proceduralists, but on the intuition of Russian legislators. Considering this state of affairs unsatisfactory, he insists that the existing needs of the state and society in the field of criminal proceedings should initially be considered in scientific research, thereby creating the possibility of choosing from their real set the best options for legal regulation of certain procedural procedures. This will inevitably lead to an improvement in the quality of not only the prescriptions of criminal procedure legislation, but also, which is no less important, scientific and pedagogical activities directly related to their research and popularization in the legal community.
76-82 210
Abstract
The total area of the Earth’s cryolithic zone spans over the territories of the Northern part of America, Europe, Asia, the Arctic Ocean islands, and Antarctica. The permafrost occupies 60% to 65% of the Russian territory and spans in its Arctic and Subarctic zone. Scientific research shows that cryogenic processes run more intensively in urbanized lands of the cryolithic zone and their history differs from the processes which develop in natural environments. Construction of economic infrastructure in such territories has its peculiar features directed at preservation of the permafrost. Surface damage and activation of thermal subsidence were noted during construction of gas pipelines, highways. It also showed effect of buildings on the frozen basement. Implications of the permafrost thawing will affect ecological well-being of the whole planet. It is necessary to take legal measures directed at restricting business and other activities within the territory of occurrence of the permafrost. Law of the Sakha Republic (Yakutia) “On Protection of Permafrost in the Sakha Republic (Yakutia)” is the only law in Russia directed at legal regulation of protection of the permafrost. In spite of the benefits of the said law, the Article stresses upon some of its legal and technical defects. Protection of the permafrost, a task of ensuring environmental safety and its legal regulation, shall take place in accordance with the requirements of the Federal Law “On Environment Protection.” In the end of the research, we offer ways of improving legislation in the sphere of environment protection when exercising business and other activities within the territory of occurrence of the permafrost.

POLITICAL SCIENCE

83-88 165
Abstract
The 21st century is characterized by numerous globalization process, including those associated with the development of external relations of the regions (paradiplomacy). The systemic formation of this phenomenon occured in the second half of the 20th century. And despite the fact that theoretical understanding of this phenomenon begins in the 1970s, this topic remains largely undisclosed. To a large extent, this is also relevant for Russian science. The goal of the work was to identify the features of the development of regulatory and institutional basement for external relations in the Sakha Republic (Yakutia). Within the framework of this goal, the research paper included discovering documents (legal and by-laws, concepts, reports and other documents), taking into account a system analysis and chronological approach. In the research results, it should be noted such aspects as the phased development of the regulatory basement, in each of the stages were both positive and limiting factors. The formation of republican institutions of external relations was progressing unevenly, being closely connected with both objective (regulatory and legal opportunities) and subjective (formation of human resources) characteristics.
89-93 134
Abstract
The widespread penetration of digital technologies into the life of human societies around the world could not but influence the vectors of development of their political systems. Therefore, one of the most important problems of modern political science is the study and characterization of the processes of transformation of political institutions in the context of the influence of the factor of digitalization. Of particular interest is the consideration of the dynamics of the political development of states, where new information and communication systems have been integrated into socio-political processes for a long time. Based on this, the focus of this study is on the situation in the United States of America as a pioneer country in the field of digitalization. The aim of this study is to describe the impact of digital technologies on the transformation of political institutions in the USA. The results of the study indicate that the digitalization of political institutions contributes to the growth of their efficiency, representativeness, and adaptability of the political system of the USA, however, there are several threats, countering which is recognized today as one of the most important goals of the US authorities.

HISTORICAL SCIENCES

94-98 139
Abstract
The most important source for the historical sciences are primary sources: documents stored in archives. In Yakutia, the main part of the archival funds of the Sakha Republic (Yakutia) is kept in the National Archive of the Sakha Republic (Yakutia), hereinafter, the NA SR (Y). One of the main parts of the entire information system of archives are documents, including documents on the personnel of the Sakha Republic (Yakutia). The purpose of this article was to study the organization of the system of reference tools for documents on personnel in the NA SR (Y). The relevance of the topic lies in the fact that at the moment the documents on personnel submitted to the archive, basically, do not have a scholarly reference apparatus (SRA), which complicates the work of not only the employees of the archive themselves, but also researchers. The creation of an SRA for the archival funds of documents on personnel will not only improve the quality of the activities of archival institutions, but will also allow interested persons to actively use these documents in their activities. Research objectives: to study of archival funds of documents on personnel; replenishment of the scholarly and reference apparatus; compilation of a reference book on the information and location of documents on the personnel of organizations of the republic.
99-104 183
Abstract
The scholarly article examines the daily life of political exiles in the towns of the Yakutsk region in the late 19th - early 20th centuries. The study is based on the memoirs of political exiles published in the 1920s-1930s. The participants in the revolutionary movement, exiled to Yakutia, faced a number of difficulties: a harsh climate, unusual living conditions, material problems. Many political exiles tried to get a job, conduct scholarly research, and benefit the local population, but there were also those who could not withstand the difficulties of exile. The harsh conditions of everyday life, the sending to the northern districts to the place of exile led to armed protests by the political exiles.

YOUNG SCHOLAR’S TRIBUNE

105-108 181
Abstract
The article is devoted to the law-theoretical analysis of the work of Juri Lotman’s “Contract” and “handing of self” as archetypal models of culture”. The author suggests using the work of Juri Lotman as a basis for new approaches to the typology of law understanding. The cultural and semiotic approaches to law thinking of new types of law understanding are analyzed, new types of law understanding are proposed, a conclusion is drawn about the interconnection of different approaches to the typology of law understanding.


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ISSN 2587-5612 (Online)