📑Download article

DOI: 10.17072/2619-0648-2024-4-7-25

Manifestations of Legal Anomy in the Field of Implementation of Constitutional Norms

The article was prepared with the financial support of the Russian Science Foundation within the framework of the project “Legal anomie in the Russian legal system: fundamentals of the concept and forms of manifestation in legal consciousness, institutional and legal realization subsystems” No. 23-28-00176, https://rscf.ru/project/23-28-00176/.

D.A. Lipinsky

Togliatti State University
14, Belorusskaya st., Togliatti, 445020, Russia

E-mail: dmitri8@yandex.ru

A.A. Ivanov

Togliatti State University
14, Belorusskaya st., Togliatti, 445020, Russia

E-mail: ale_iv@mail.ru

Abstract: the article analyzes the problematic issues of the actual implementation of the prescriptions of constitutional norms. The relevance of the stated research topic is substantiated, as well as the presence of significant discrepancies between the actual and legal constitutions in the Russian Federation. It is noted that the Constitution of the Russian Federation of 1993 was initially considered as a transitional document designed to prepare society for the perception of new social realities. Considered in this capacity, she has already practically completed her tasks. The authors critically assess the applicability of the “living constitution” model within the framework of the general improvement of the foundations of the constitutional system of the Russian state. It is pointed out that the amendment to the 2020 Constitution, which defined new principles of the functioning of public power, strengthened the contradiction between individual provisions in the field of implementation of constitutional norms, and between the spirit and letter of the Basic Law as a whole. Conflicts between constitutional norms determine the emergence of a legal anomie in the field of constitutional law enforcement. Constitutional anomie is considered as one of the components of legal anomie in general. Practical recommendations aimed at improving the effectiveness of the domestic Constitution are proposed, and it is concluded that it is necessary to continue the relevant constitutional reform.

Keywords: living constitution; conflicts; constitutional norms; gaps; actual constitution; legal anomie

📑Download article

DOI: 10.17072/2619-0648-2024-4-26-38

Private law constructs in labor legislation

Y.V. Vasilyeva

Perm State University
15, Bukireva st., Perm, 614068, Russia

E-mail: vasilev95@list.ru

M.A. Drachuk

Omsk State University named after F. M. Dostoevsky
6, Frunze st., Omsk, 644099, Russia

E-mail: maria.omsu@mail.ru

Abstract: the present publication aims to analyze the interpenetration of labor and civil law norms in certain mechanisms for regulating sectoral legal relations, while, primarily focusing on private law constructs in labor legislation. Quite common are cases in which it is not enough for the law enforcement officer to rely only on the norms of labor legislation and/or other regulatory legal acts containing labor law norms. Based on the above, despite the provisions of Article 5 of the Labor Code of the Russian Federation, the partial use of regulatory constructs that fall outside the sphere of civil law is advisable only if the priority of protecting labor rights and interests protected by law is observed. The authors consider that certain cases of using private law constructs are permissible, and in some situations, the only correct ones, which also aims to reduce the regulatory burden and ensure uniformity of law enforcement practice.

Keywords: labor law; labor relations; private law constructs

📑Download article

DOI: 10.17072/2619-0648-2024-4-39-54

Freedom of Panorama in the Russian Copyright Law and Its Understanding by the Constitutional Court of the Russian Federation

A.V. Volkov

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: volkov@ab-irbis.ru

A.G. Matveev

Perm State University
15, Bukireva st., Perm, 614068, Russia

E-mail: la-musica@yandex.ru

Abstract: free use of works is the most important tool for balancing copyright and human rights, the interests of copyright holders and the interests of society. In 2024, for the first time in its history, the Constitutional Court of the Russian Federation adopted the Decision on the constitutionality of the Civil Code of the Russian Federation provisions on the free use of works (Decision No. 33-P). The relevant clause establishes a case of free use of works, which unofficially is called “Freedom of panorama”. According to the Court’s opini-on, the inclusion in a guide of sculptures images located in a place open to the public does not require the consent of the copyright holder, even if the guide is distributed for commercial purposes or if the image of the sculpture is the main object of use. This position contradicts the clear text of Article 1276 of the Civil Code, which does not contain such exceptions. According to the authors of this article, the Constitutional Court opposed legal forma-lism with legal realism. The Court unreasonably identified the interests of guidebook publishers with the interests of society. We also believe that a number of the Court’s arguments do not relate to the essence of the case and are insufficiently substantiated.

Keywords: copyright law; exclusive right; free use; freedom of panorama; work; Constitutional Court

📑Download article

DOI: 10.17072/2619-0648-2024-4-55-65

On the Principle of Freedom of Contract and Legal Personality of Agricultural Organizations

V.E. Lukyanenko

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: prof-Lu@yandex.ru

Abstract: the article analyzes the legal personality of agricultural cooperatives and other agricultural organizations. On the basis of theoretical provisions, the legal capacity of legal entities is compared with legal personality. The interaction and influence of the principle of freedom of contract on the expansion of the normative and statutory legal personality of organizations after they conclude specific contracts is shown. Theoretical and practical recommendations on the application of the principle of freedom of contract and the normative and statutory legal personality of agricultural organizations for the formation of contractual legal relations are formulated.

Keywords: the principle of freedom of contract; civil legal capacity and legal personality of cooperatives and other agricultural organizations; named and unnamed contracts

📑Скачать статью

DOI: 10.17072/2619-0648-2024-4-66-77

Private Legal Relations in the Context of
Digitization

S.Y. Morozov

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: fgslaw@mail.ru

E.M. Tuzhilova-Ordanskaya

Ufa University of Science and Technology
2, Zaki Validi st., Ufa, 450076, Russia

E-mail: ordanskayelena@list.ru

Abstract: the article presents the Authors’ point of view regarding the use of digital technologies in various spheres of company life (private, public). At the same time, special attention is paid to the correlation between the traditional legal regulation of public relations and the digital form in which these relations can be clothed. The intention of the Authors was to determine the impact of digitization, the purpose of which is related to the transmission and dissemination of information, on the development of public institutions, in particular on the institute of law, as one of the most important and widespread tools for regulating public relations, and identifying problems related to this process, and ultimately clarifying the nature of digital law. The object of the study is private legal relations that arise between subjects when performing independent actions to realize their rights and, due to the use of modern digital technologies, are clothed in a digital form. The research used empirical methods of comparison, description, interpretation, as well as theoretical methods of formal and dialectical logic. Private scientific methods were used: the legal dogmatic and the method of interpretation of legal norms, analysis and synthesis. The results of the study convince that the further development of private legal relations should be carried out using digital platforms (digital forms), which, however, does not change the essence of these relations and does not indicate the existence of digital law as an independent branch in the Russian legal system.

Keywords: digitization, private legal relationships; subject of legal regulation; method of legal regulation; elements of legal relations; digital platform.

📑Download article

DOI: 10.17072/2619-0648-2024-4-78-92

Contracts for Research and Development Work:
Organizational and Legal Issues

O.A. Serova

Pskov State University
2, ploshchad Lenina, Pskov, 180000, Russia

E-mail: olgaserova1974@mail.ru

A.V. Volkov

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: volkov@ab-irbis.ru

E.N. Kononova

Pskov State University
2, ploshchad Lenina, Pskov, 180000, Russia

E-mail: kononova_gpp@mail.ru

Abstract: the article is related to the analysis of organizational and legal issues of concluding contracts for the performance of research and development work. The empirical basis of the conducted research is based on the study of judicial practice and the work of university departments commissioned by scientific research and technological work from other organizations. The requirements for the structural divisions of educational institutions of higher education to organize the interaction of all departments of universities involved in contractual relations are defined. The problems associated with the preparation of technical specifications and acceptance of completed scientific research and technological work are highlighted. The problem of qualification of a contract for the performance of research and development work, the terms of which may have signs of other binding structures, is outlined. The recommendations formulated based on the results of this study can be used in organizing practical work in scientific
departments of universities.

Keywords: research and development work; subject of the contract; terms of
reference for research and development work

📑Download article

DOI: 10.17072/2619-0648-2024-4-93-108

The Importance of the Principles of Tax Law
(on the Example of the Principle of Fairness)

T.N. Prokhorko

Perm Institute of the Federal Penitentiary Service of Russia
125, Karpinskogo st., Perm, 614012, Russia

Perm Branch of the Higher School of Economics
38, Studencheskaya st., Perm, 614070, Russia

E-mail: prokhorko@yandex.ru

Abstract: the article is devoted to the actual problems of the formation of the principles of tax law, due to a number of objective and subjective factors. Tax law is characterized by its dynamism and the absence of its own specific place in the current system of Russian law. In this regard, the principles of tax law can become system-forming, fundamental elements of a defining financial and legal institution, such as taxes. Legal principles are at the same time a concentrated expression of the industry and guiding principles that determine the development of a particular industry. Since tax law is not an independent branch, but, to date, is only a sub-branch of financial law that has developed from a large financial and legal institution, there is currently no established system of principles of tax law. In addition, the author reveals the importance of the principles of tax law on the example of individual principles, in particular the principle of fairness. It seems that the principle of justice as a general legal principle in tax law is being transformed into an industry or even a sub-industry with its own specific content and semantic purpose. In the future, in order to build a fair tax system, the principles of tax law must acquire a normative form of expression with specific legal imperatives.

Keywords: principles of tax law; principle of fairness; principles of taxation; system of principles of tax law; principles of financial law

📑Download article

DOI: 10.17072/2619-0648-2024-4-109-126

The Transformation of Forensic Identification in the Structure of Criminal Procedural Proving

P.S. Pastukhov

Perm State University
15, Bukireva st., Perm, 614068, Russia

Perm branch of RANEPA
61, Komsomolsky prospekt, Perm, 614039, Russia

E-mail: pps64@mail.ru

G.V. Abshilava

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: georost@list.ru

Abstract: modern information interaction using computer technologies, digital information, cellular communications and other information systems and databases creates unique opportunities to increase the effectiveness of identification by remote means. The changes that have taken place in society provide law enforcement agencies with new opportunities for the introduction of remote forensic identification as a universal method of cognition for the detection and investigation of crimes based on a new type of digital traces, modern identifiers and technological identification modules. The changes that have occurred contribute to the introduction into practice of the remote nature of forensic identification as a more advanced type of activity corresponding to the scientific organization of labor. The scientific novelty of the article lies in the development of a special method of criminalistics of cognition within the framework of private criminalistic theory, as well as a process of identifying objects by their representations and the result of such identification in the context of digital transformation of society. The practical significance lies in the introduction of modern practices and technologies that allow you to get the best result with minimal effort and money.

Keywords: crime detection; forensic identification; identifier; identification module; remote identification

📑Download article

DOI: 10.17072/2619-0648-2024-4-127-147

The Prohibition of a Turn for the Worse as an Element of a Positive Legal Form of Accusation, Evidence and Law Enforcement in a Certain Type of Criminal Process

N.V. Budylin

Pitirim Sorokin Syktyvkar State University
55, October Avenue, Syktyvkar, 167000, Russia

E-mail: n.v.budylin@gmail.com

V.D. Potapov

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: potapov1961@yandex.ru

G.V. Abshilava

Ulyanovsk State University
42, L’va Tolstogo st., Ulyanovsk, 432017, Russia

E-mail: georost@list.ru

Abstract: the study of the prohibition on a turn for the worse in criminal proceedings requires, firstly, to identify the initial moment from which the ban begins to take effect, secondly, to determine how it operates in pre-trial proceedings, thirdly, to clarify its connection with the return of the criminal case by the prosecutor to the preliminary investigation body and by the court to the prosecutor.

Keywords: prohibition of a turn for the worse; prosecution; adversarial proceedings; court; prosecutor; accused; return of the criminal case; change of charge