Introduction. The civil society, the legal values, the law-governed state have always been within the scope of interest of many scientists, which indicates the relevance of this range of issues. Each state in the process of its formation and evolution forms the legal values under the influence of various conditions and factors (political, socio-economic, cultural and spiritual, etc.). The level of legal culture directly depends on the moral fundamentals of society and personality. The legal system of any state is based on the most important principles, the fundamental legal values. However, despite the majority of people are conscious of the importance of the legal reality development, the issue of the legal values influence on functioning of the civil society and on ensuring the decent standard of a person’s life-activity remains insufficiently investigated. The correlation and interconnection of the legal values with the life-activity of the civil society and personality become reality and constant demand in the most important spheres of public and private life. In practice this means that favorable conditions are getting ripe for every person and citizen to materialize the certain life aspirations, interests, needs, natural and inalienable rights and freedoms. The article substantiates the assertion that favorable prerequisites for discovery, recognition and implementation of the legal values in the fundamental social relations, the successful ordering of which is responsible for the full-fledged life-activity of a person and a citizen, can be formed only under condition of the civil society functioning and evolving. The interrelation is traced between the exercise of natural and inalienable rights and freedoms and the processes of forming conditions for a particular personality to acquire its decent lifestyle, which is manifested in all spheres of its entrepreneurial, social, cultural, educational and other life-activities. The aim of the study is to identify the potential of the legal values influence on functioning of the civil society and on ensuring the decent standard of personality life-activity.
Materials and Methods. The civil society and the legal values in the context of ensuring the decent standard of personality life-activity are analysed. Particularly emphasized are the constitutional basis for integrating the legal values into the system of law, the regime of legal legitimacy and the reliable legal order ensuring a person’s and a citizen’s confidence in achieving the life goals determining the decent lifestyle. In the course of research, general scientific as well as special scientific methods have been used, more specifically the dialectic method of cognition, the method of system analysis, the axiological, the formally juridical, the comparative law and other methods.
Results. The conclusion is made about the legal values potential as the force having efficient impact on functioning of the civil society and on the life-activity of each personality striving to ensure its decent lifestyle. The well-established and recognized legal values are the ideal accumulator to assign the legislative acts and law enforcement acts the content corresponding to the interests and life aspirations of the majority of the civil society members.
Discussion and Conclusions. The problems in formation of the civil society in Russia are identified, including the insufficiently high level of legal consciousness and citizens’ legal culture. It is proposed to focus on the need to build up the efficiently functioning legal education and legal upbringing system. The practical significance of efficient interaction of the civil society institutions with the state authorities based on the use of the multifaceted potential of the legal system is noted.
Introduction. The International System of States is currently facing a threatening political and military situation of a global danger. It is possible to restrain the growing threat only by using the qualitatively new methods, which complement to the diplomatic measures. The Russian Federation military security must be ensured by reaching the goal of military system improvement using various state administration methods, including the legal ones. The Russian Federation provides the state military security by means of the legal rules, however in the course of the Special Military Operation started on February 24, 2022 it has become evident that adjustment of the military policy and the legal regulation in the military sphere is required. To increase the efficiency of the national military security provision, the deep theoretical research into the essence and content of the military security is necessary. The aim of this research is to identify the challenging aspects in the system of political and legal provision of the Russian Federation military security.
Materials and Methods. The article analyses the political and legal basis for ensuring the military security of Russia. In the process of the study, the general scientific as well as special scientific methods were used, i.e. the cognitive analysis methods for studying the essence of the military security, the official legal documents analysis providing juridical definition of the categories framework of the military security as the object under research, sociological method of surveying the public opinion on the topic of military security and other methods.
Results. It has been proved that the level of support among population of the military defense of Russia’s sovereignty and territory is high. The legal, material and ideological components of the Russian military policy need to be strengthened. Measures to improve the military policy in compliance with the public demand of the Russian citizens are proposed.
Discussion and Conclusions. The problems of political and legal provision of the Russian Federation military security have been identified. The military policy goals on provision of the military security in the frame of the Russian national security for prevention of potential conflicts expansion are being solved in the process of strengthening the legal basis for the allied relations with the neighboring states, as well as strengthening the resource and ideological components of the military security system.
Introduction. With regard to Russia the most important task in transition to the "green" economy is first of all the development of a consistent strategy for moving towards this goal. Therefore, initially it is necessary to determine the mainstreams for applying the economic, legal, organisational and other efforts. The transition to the "green" economy in itself does not imply any conceptual breakthroughs (unlike, for example, the concept of sustainable development). This means that all the main spheres of human activity, including industry, construction, transport, etc., should undergo “greening”. The aim is to investigate the contemporary legal regulation on the environmental protection in industry, transport and construction, to identify the problems and prospects of the legislation improvement for determining the directions of these spheres further “greening” and clarifying Russia’s strategy of transition to the "green" economy. The objectives of the study are: to consider the specifics of Russia's transit to the "green" economy standards within three spheres of human activity, to identify the contemporary legal regulation for this process.
Materials and Methods. In the article the generally accepted in Russia methods of scientific knowledge are used: general scientific methods (dialectical method) and specific scientific methods (analysis, synthesis, concrete historical, logical methods, etc.).
Results. The main result of the study is systematisation of the contemporary environmental problems in industry, transport and construction, discussion of the mainstreams in “greening” these spheres as one of the conditions of Russia's transit to the standards of "green" economy.
Discussion and Conclusions. The article is useful for scientific and educational activity, for improvement of the Russian environmental legislation. The conclusions made in the work indicate on the need to “green” all sectors of economy in order to ensure the transit of Russia to the "green" economy, however at present the implementation of the new environmental requirements into different sectors is going at a different pace. With this regard, there arises the acute need to find the legislative response to the modern threats to the environmental safety, which requires the development of "green" technologies in industry, construction and transport.
Introduction. In the criminal law doctrine, in the legislative sources and internationally recognised official documents there exist different approaches to defining the concepts of “cyber criminality” and “cybercrime”, different nomenclatures and classifications of these criminal actions are proposed. These discrepancies negatively influence the efficiency of the fight against this type of crime. The transboundary nature of cybercrimes and interrelation between the information and telecommunication technologies and the information infrastructures (Internet) testify that efficient provision of cybersecurity is possible only on condition of the international cooperation in this field. This implies development of the unified approach to defining the cybercrimes concept and nomenclature and extension of cooperation between the countries in detecting, suppressing, solving and investigating the cybercrimes. The aim of the study is to define the concept of “cyber criminality”, to consider cybercrimes classification and to develop proposals for improving the legal regulation in the field of cybercrime countering.
Materials and Methods. The object of the study is social relations in the field of cybercrime countering. In the course of the study, the legal methodology was used, including general as well as special scientific methods.
Results. The article formulates the authors’ definition of the term “cyber criminality”, defines the theoretical and practical significance of the cybercrimes classification based on the grounds of such notions as: object of criminal encroachment; the subject of the crime; the method and means of committing the crime. Striving to enhance the cyber criminality countering efficiency, the concrete proposals are made to reform the Russian and the international criminal legislation, to establish international cooperation within the framework of the UN, the Shanghai Cooperation Organisation (SCO), the Collective Security Treaty Organisation (CSTO), BRICS.
Discussion and Conclusions. The conclusions, suggestions and recommendations formulated in the course of the study have certain theoretical significance as they can become the basis for further studies of the cyber criminality phenomenon in the frame of the criminal law and criminology, as well as have practical significance for improving the cybercrime countering practices and enhancing efficiency of the relevant criminal legislation.
Introduction. In the national legal science the concept of the sources of law multiplicity had been denied for decades. It was alleged that legislative acts are the only embodiment and the main form of the legal norms existence. The situation changed in the 90s of the twentieth century due to the crucial political and socio-economic transformations that took place in the Soviet Union, in Russia, on the former Soviet Union territory. Gradually not only legislative regulatory acts, but also authorized practice, judicial precedent, normative contract have become referred to as the sources of law. Over the past decades, the range of external forms of the legal norms expression has significantly expanded and become more complicated. One of the legal science most important objectives is classification of objects, distribution of objects (phenomena) by classes (types) depending on their characteristics. However, there are just few works focusing on the theoretical and practical issues of the sources of law classification within the post-Soviet period of the Russian legal science evolution. The aim of this study is to identify the problems in the sources of law systematisation. The relevance of this topic is determined by the theoretical and practical significance of the sources of law system, its reformation in the modern conditions.
Materials and Methods. The research methodology consists of the general scientific and special juridical methods. Due to the rapidly changing attitude towards these methods among the scientific community the priority in the research was given to the contemporary sources. The conceptual statements of other authors were analysed and integrated with the own empirical experience which jointly made it possible to formulate the number of provisions.
Results. One of the most important objectives of science is classification of objects, distribution of objects (phenomena) by classes (types) depending on their characteristics. It has been found that in the Russian legal science just single works are focusing on the theoretical and practical issues of the sources of law systematisation and classification. The diversity of theoretical approaches to understanding the essence of the source of law phenomenon in the legal science, the diametrical opposite of the authors’ interpretation of its meaning has accordingly led to the problems in the sources of law systematisation. It has been recognised that the problem of the sources of law classification is in the process of investigation and has not received the unified solution. Various approaches to the sources of law classification have been considered. The status of codified acts in the legislative system has been analysed.
Discussion and Conclusions. The problems in the sources of law systematisation have been revealed. The difficulties are caused by the dichotomy (sources — forms) which a priori underlies the sources comprehension and presupposes distinction of the independent types under both conceptual and terminological uncertainty. The Russian sources of law system continues to develop dynamically. In the Russian legislative system the range of sources of law steadily expands, which is directly related to the process of convergence of the main legal systems, first of all the Romano-Germanic and Anglo-Saxon systems.
Introduction. The growth of social engagement in innovation activity reflects the global trend for developing cooperation in the field of commercialisation of the Intellectual Activity Results (hereinafter — IAR) and their throughout dissemination. The balanced regulation of the intellectual products protection and dissemination implies the interference from behalf of the state, including establishment of the system of governing bodies managing the national innovation-driven economy. The purpose of this study is to identify the main directions of the state policy ensuring the Russian economy competitiveness and growth of the gross domestic product, national security, technological sovereignty in the areas important for the state and society.
Materials and Methods. The object of the study is the Russian Federation state policy in the field of intellectual property. In the research the methods of sociological case-study, analysis, synthesis and modeling, as well as statistical, system-structural, logical, historical methods have been used.
Results. The author highlights and characterises five main directions of the Russian Federation state policy in the field of intellectual property. In the article the conclusions are made about the mission of the state to stimulate social engagement by removing the excessive legislative barriers and simplifying the administrative procedures for IAR registration and licensing, by opening access to the intellectual products that are not in commercial demand or do not have a copyright holder, by creating the national information and communication platform of digital content. Only the state, being the main source of law in the 21st century, can provide the balanced approach to the harmonious coexistence and interaction of the material and digital economic environment.
Discussion and Conclusions. Any disbalance in favour of either public interest in open access knowledge and information or prioritised protection of the creative subjects aggravates the conflict of interests, creates the condition of the legislative system uncertainty and obstructs the formation of beneficial conditions for reproduction of culture and technological progress. At the same time, the creative subjects are defined as subjects creating the new knowledge and technologies that represent the public interest to the intellectual property turnover as the most commercially valuable information. As follows from the above, the principle of reasonable balance between the legitimate interests and fair use of IAR by copyright holders, users and consumers, expressed in the adequate legal form, should be recognised as the fundamental principle of the state policy in the field of intellectual property.
Introduction. The large-scale transformations in the law enforcement and judicial system of the Russian Federation, which correlate with both political and socio-economic context, have resulted in the significant change of the role assigned to the certain legal and state institutions. Moreover, the reform of the law enforcement authorities has influenced the issues of the notary system organisation and its interaction with other law enforcement and regulatory authorities. This paper analyses various standpoints of authors and scientists on this issue, as well as regulatory legal acts directly affecting the notary. The purpose of this study is to identify the problematic aspects in interaction of the notarial, law enforcement and judicial authorities of the Russian Federation within performing the certain notary actions at the present stage of the legal system development.
Materials and Methods. In the article the problems in organisation of the notarial, law enforcement and judicial authorities interaction in the Russian Federation within performing the notary actions are analysed. In the course of the research, general scientific as well as specific scientific methods were used, in particular the dialectical method of cognition, the method of cognitive analysis, the sociological method and others.
Results. The activity of the notary, despite its private status, should be considered as the element affiliated with the state system. At the same time, the system of notarisation stands separately from the conventional civil-law procedures and has the state-legal status. A notary, when performing the certain notary actions, is guided by the rules of the special character and appropriate for the specific case notary action. The conclusion is made that in the frame of this process, a notary follows the rules generally applicable to all the notary actions performed.
Discussion and Conclusions. The problems in organisation of the notarial, law enforcement and judicial authorities’ interaction in the Russian Federation within performing the certain notary actions have been detected, the solutions have been proposed. The legal policy objectives imply the need to improve the legal framework of notaries’ activity in terms of interaction with the law enforcement and judicial authorities. The author's main conclusions have theoretical and practical significance and potential for further research on the topic.
Introduction. The housing and utilities sector is an integral part of the national economy affecting absolutely all citizens of Russia. In recent years, the number of economic crimes committed in this sector has increased. Bringing down the level of crime, developing the crime preventive measures in this sector constitute the scientific interest and relevance of the study. The purpose of the study is to analyse the reasons of increased economic crime in the sector of housing and utilities (hereinafter — housing and utilities), as well as to develop theoretical and practical recommendations aimed at decreasing the level of crime in this sector.
Materials and Methods. To achieve the set forth goal, the general scientific dialectical method of cognition was used, the methods of analysis and synthesis used for generalising theoretical and practical material, the empirical and statistical methods made it possible to draw the main conclusion of the study and achieve the goal.
Results. A comprehensive and multifaceted approach to solving the problem of increased economic crime in the housing and utilities sector has been implemented from perspective of criminal law, criminal-procedural and criminological scientific knowledge. The scientific value of this study is gained due to the comprehensive review of the reasons in the context of the overall picture of economic criminality in housing and utilities sector which allows making the most complete conclusions and defining general and specific criminological measures for preventing crime in the housing and utilities sector, namely, general social, economic, organisational and legal and educational measures; the specific ones carried out by the state housing supervision authorities and the internal affairs authorities.
Discussion and Conclusions. The analysis of the judicial and investigative materials made it possible to identify the reasons of increased economic crime in the housing and utilities sector, as well as to develop efficient preventive measures to combat such crime. The article provides recommendations for practicing specialists (investigators of the economic crimes in the housing and utilities sector; judges hearing and passing sentences in this category of cases; employees of administrative offices calculating and setting the rates and resource-supplying companies charging the utility payments), as well as for researchers in the field of criminal law sciences.
Introduction. The global environmental crisis unfolding nowadays requires changes not only in the policies of the single states, but also in the public worldview, because the laws, even most perfect, are not able to change the situation if citizens reject laws’ basic postulates. If the society is convinced that nature exists exclusively for satisfying the economic demands in natural resources and its only function is to serve people’s needs, the attempts to stop poaching or reduce the number of unauthorised waste dumps will never achieve the goal. The aim of the study is to determine the disputable aspects in legal regulation of the environmental education, its organisational and methodological problems, the issues of ecological worldview formation in law ecologists through extending the interdisciplinary relations and some other issues.
Materials and Methods. Legal, organisational, worldview, methodological and other aspects of the environmental and law education development in the Russian Federation are considered using the scientific knowledge methods generally accepted in Russia: general scientific (dialectical method) and specific scientific methods (analysis, synthesis, concrete-historical, logical methods, etc.).
Results. The systematisation of the modern problems of the environmental and law education in Russia has been carried out, the recommendations on improvement of its efficiency have been outlined. In the course of the research, the authors have paid special attention to the review of concepts of nature and society interaction, enabling to form students’ worldview adequate to the modern environmental threats. In the article the concepts of sustainable development, “green” economy, the theory of climate change and the concept of cyclic economy are analysed.
Discussion and Conclusions. To increase the efficiency of the Russian environmental and law education, the complex of multidirectional measures of legal, organisational, methodological and other scope is required, which would bring modern law education closer to solving the environmental problems of the XXI century. The conducted research has theoretical and practical significance and is targeted at persons engaged in professional training of future jurists.
Introduction. At the present stage of international economic relations, the issue of efficient legal regulation of customs activity is particularly acute. Over the past few years, Russia has faced the challenge of economic sanctions on behalf of a number of unfriendly countries. Transparency of the regulatory framework and thorough elaboration of the fundamental provisions of the customs law will allow building a clear and efficient interaction between the customs authorities of the Russian Federation and the participants of the international economic activity (hereinafter - IEA), the Russian companies and the customs authorities of the Eurasian Economic Union (hereinafter - EEU) member states. The aim of this study is to analyse the legal framework for regulating customs activity and to find out the challenging aspects. The working hypothesis relies on the system of theoretical and methodological provisions and scientific knowledge, indicating the need in further elaboration of the customs legal documentation to ensure the modern approaches regulating the relations between the customs clearance and control processes participants.
Materials and Methods. In the course of the research, general scientific and specific scientific methods were used, in particular, the method of dialectical materialism, the system analysis, logical, statistical methods and the method of comparative jurisprudence.
Results. The carried out analysis of the regulatory legal framework in the field of customs activity entitles to state the insufficient elaboration of the certain issues, both the ones falling within competence of the Federal Customs Service and the ones generally referring to cooperation with the EEU member states in the field of customs activity.
Discussion and Conclusions. In the course of the study, the following problematic aspects were identified. Since insufficient attention is paid in scientific circles to studying the forms of interaction between the tax and the customs authorities of the Russian Federation, the attention is focused on their distinctive features and the recommendation is given to continue collaboration of the Federal Customs Service of Russia (hereinafter – FCS of Russia) and the Federal Tax Service of Russia (hereinafter – FTS of Russia) on creation of the unified data bank designated to testify performance of the export-import operations by the international economic activity participants. Due to the fact that under current conditions, the special attention is paid by the customs authorities to the post-control issues in the frame of the in-office audits, the need to bring the customs and tax legislation into compliance taking into account the results of the in-office audits has been identified. It is necessary to accomplish the regulatory framework enabling implementation of the customs procedure "temporary import (admission)" for individuals with dual citizenship, and to refine the legal basis for the international economic activity participants to provide the documents additionally requested during the customs control. The issue of efficient interaction between the customs authorities and the standardisation and certification authorities during the preliminary customs declaring procedure should be elaborated. It is expedient to continue formation of the EEU digital space and digital infrastructures along with implementation of the advanced information technologies.
Introduction. In accordance with the Russian Federation state policy on environmental development, the preservation of biodiversity is declared one of the conditions for ensuring environmental protection and environmental safety. The animal world is an integral part of biological diversity and, accordingly, is one of the essentials for solving the tasks and achieving the goals of pro-ecological development. At the same time, according to the basic principles of the national economic policy, the establishment of excessive environmental requirements is determined as the risk for the economic progress. Thus, environmental protection is not an ultimate value and environmental requirements should be set at the level that does not hinder the economic growth. The study aims to analyse the objective and subjective nature of the purpose of legal regulation and the administrative law efficiency in the area of protection and use of the animal world objects. To reach the above aim the definition of concept and distinguishing the features of the purposes of legal regulation, as the legal value of the administrative law, was made; the same as the specification of the legal support efficiency criteria of the animal world objects’ protection and use.
Materials and Methods. The methodological framework used in the article includes a set of philosophical, general scientific and specific scientific methods of cognition (analysis, synthesis, concrete historical, logical method, etc.).
Results. The main result of the study is provision of the doctrinal definition of the purpose of legal regulation of faunal legal relationships and the evaluation criteria of the state governance efficiency in the area of protection and use of the animal world objects.
Discussion and Conclusions. The article is useful for educational activity of law universities and faculties and for the activity of executive authorities of the subjects of the Russian Federation. The proposals and recommendations developed by the author in the course of research are advised to be used as the theoretical basis for conducting and organising the scientific projects on the topic of state governance in the area of protection and use of the animal world.
Introduction. Ensuring the legal order and fostering the legal values constitute the complex multifaceted process requiring concentration of efforts on behalf of the state, society and personality, all integrated in an overarching term "provision of national security", that is being supplementary edited in legal sciences into the category "legal provision of national security". There are no minor or insignificant problems on the way to achieving the objectives aimed at respecting the national interests, the same as not yet compiled is the list of measures considered exhaustive enough to achieve them. In the present scientific article the problems directly referring to the terminology used in the name of the state "Russia" are investigated in the state-legal and theoretical-historical sense. In addition, the issues related to the use of the state emblem, anthem and flag as official state symbols of the Russian Federation, the legal status of which is regulated by the federal legislation and the international regulatory legal acts, are addressed. The use of the above symbols in practice refers directly to such an attribute of a state as the legal sovereignty in terms of its visual and phonetic demonstration on the international arena and within the state. The attitude to the state symbols as well as the interpretation of the name of the state are the markers of the legal status of the country, its actual capacities on the world arena and attitude of its own people and foreign citizens towards Russia as a civilisational, cultural and state-legal phenomenon. Thus in order to increase the efficiency of the legal provision of the national security, it is expedient to detail the legal status of the state and the national symbols of Russia. The aim of this study is to carry out the state-legal and theoretical-historical research of the verbal and visual designation of the Russian Federation as a sovereign subject of the international law.
Materials and Methods. This scientific article investigates the topical problems of the national security provision in correlation with the verbal, phonetic and neuro-linguistic designation of Russia as a sovereign subject of the international law. The legalistic, the historical-legal and the concrete-historical methods, as well as the political-legal method of juridical research have been used.
Results. It has been proved that the constitutional-legal norm stating the identity of the categories "Russia" and "Russian Federation" does not have a completely identical semantic meaning at the level of scientific doctrine and the former refers to the latter as the general to the specific. The authors draw attention to the fact that the name "Russian Federation" being the name of the state formed in 1918-1991 is not the only etymological variant of denoting the Russian state. The term "Russia" is a Greek interpretation of the category "Rus", which has been specificated as "Ancient Rus" in the historical and historical-legal doctrine. Therefore the “Russkaya Pravda (Russian Truth)” is entitled to be referred to the first monuments of law, as well as the "Zakon Russkij (Russian Law)" mentioned in the treaties with Byzantium. At the same time, attention is paid to the need to toughen the measures preventing cases of incorrect or, not to mention it, offensive attitude to the name of the Russian state, as well as to the official state symbols. According to the authors, participation of the Russian Federation citizens in the status of "neutral athletes" in the international competitions, where the state
symbols of foreign states are demonstrated corresponds to such cases. Depriving Russia of the sovereign right to officially demonstrate the state symbols is illegitimate and should not be permitted in any circumstances under the threat of refusal of the official representatives from participation in the events where the multinational Russian people is discriminated against. Moreover, the very participation of athletes from Russia in the "neutral status" is regarded “by default” as a consent with implementation of the illegitimate Russophobically tended measures discriminating against the state. At present, such participation is not considered to be a violation of the Russian Federation legislation, but it is obviously unethical and unpatriotic, but in future the law-makers may change the qualification of the respective "misdeed".
Discussion and Conclusions. The state-legal and theoretical-historical type of problems related to understanding of the categories "Russia" and "Russian Federation" fixed in the legal consciousness have been revealed. The objective to specificate the meaning of these notions at the level of a doctrine has been fully achieved, which enables to clarify the unbiased understanding of the state genesis as well as the current level of development of the Russian statehood and the mission of the Fatherland on the international arena.