Introduction. In the modern humanitarian science, there is no unanimity in understanding the essence of national security and the main object it is to ensure due to detachment of the modern jurisprudence from the genuine nature and innate capabilities of a human being. The modern geopolitical confrontation clearly shows the constraints of the existing approaches, which consider the national security as a simple aggregate of a person’s, society’s and the state’s security at the present time, whereas the contemporary hybrid wars are first of all aimed at destroying the enemy’s past and programming its future. Therefore, the task to elucidate the relevant subject matter of the national security relations has become an urgent issue for further successful survival of the multinational people of Russia and preservation of the checks and balances principle existing in the world. The aim of the study is to determine the relevant subject and object of ensuring the national security of the Russian Federation.
Materials and Methods. The result of the analysis of more than 1000 files containing scientific, methodological, regulatory and educational materials regarding the national security as a legal category has become the material for the present research. The multifacetedness of the studied legal phenomena has induced the application of the interdisciplinary approach and reference to the data obtained by the representatives of anthropological, theological, philosophical and historical legal sciences. The diagrams and categories of the theories of the legal order of society, institutional changes, the geopolitical and security theories have been used as the specific scientific methods. The method of dialectical scientific knowledge, the social systems, management and gaming theories methods were widely used enabling considering the behavior of the security ensuring process participants from the pragmatic perspective.
Results. Today’s Russia, as a moment of being of the multinational people of the Russian Federation in the current spatial-temporal reality, is the sovereign unity of the Russian person, society and state formed for collective survival, provision of protection and safety through availability of the necessary forces and facilities, single national order and worldview, along with the single will embodied in the presidential power. “The national security of the Russian Federation” is the result of assessment and maintenance of such beingness of the multinational people of the Russian Federation by means of the citizens’, society’s and state’s forces and facilities, that satisfies in the sovereign and independent way its vital needs for self-preservation, self-renewal and self-reproduction in the past, present and future. By introducing a relevant object of ensuring the national security and by changing the nature of relationships between the subjects, the proposed definition creates the doctrinal basis for transition to a collective model of survival in the present geopolitical situation.
Discussion and Conclusions. The essence of the notion “national” in the context of the “National Security Strategy” is manifested as a single state form, comprising the existence and beingness of the Russian state, society and personality in the frame of their genesis and evolvement in the past, present and future in the geopolitical philosophical dimension. This corresponds to the notion "civilization" as a social form of the motion of matter, providing its stability and ability to self-development through self-regulation and exchange with the environment. The multinational people of the Russian Federation as a civilization or a “thousand-year-old state” possesses the real sovereignty, its own national order and worldview; it had never lost its statehood, was able to survive all the fatal threats to its secure existence. In our opinion, in the current spatial-temporal reality, an efficient subject of security, which is at the same time the main object of ensuring security and the only form of collective survival for a person, is the multinational people of the Russian Federation as a nation united by the state form and governed by it. Motherland as a pathetic designation of the Russian civilization, legislatively defined by the Russian Constitution as “the multinational people of the Russian Federation”, is a relevant form of collective survival for the Russian person, personality, society and the state.
Introduction. During the last decades, several generations of people in Russia matured being disoriented in culture, traditional Russian spiritual and moral values. There can be observed the overwhelming replacement of the traditional values with pseudo-values and acceptance by people of the deviant behavior, often leading to self-destruction and new understanding of the norm. This became possible due to the absence of proper control over the flow of information on behalf of the state. Recently, our state has sensitized activities aimed at forming the informational environment fostering development of the high moral qualities in a person and adherence to the traditional value benchmarks. Since the information resources have a particular influence on moulding the present generation, the important task today is allocated to development and promotion of such information resources that can stop the process of losing the social and moral benchmarks by the present generation. The aim of the study is to evaluate the existing legislative acts from perspective of their capacity for full-scale regulation of the process of forming the secure informational environment, that can ensure the proper dissemination level of the spiritual, moral values, which are deemed traditional.
Materials and Methods. The legislative acts regulating the work of the modern information resources and their impact on the present generation have become the material for the study. Such general methods of scientific cognition as the dialectical and legalistic methods, as well as the analysis, synthesis, induction and deduction have been used in the article.
Results. In the Strategy of the Information Society Development in the Russian Federation for 2017 – 2030, the need to form an informational environment based on promotion of the information resources fostering dissemination of the traditional Russian spiritual and moral values is indicated. The idea itself, formulated in the concept, deserves unconditional support. At the same time, its implementation may face a number of problems and difficulties, which are primarily related to the conceptual apparatus. The absence of a uniform, high-quality conceptual apparatus in terms of the Russian language, the logic of replenishing, the unambiguous comprehension thereof for using in the allied regulatory legal acts, can depreciate all the attempts of the legislators to ensure forming the appropriate informational environment. To enable a complete regulation of the process of forming the secure informational environment, that can ensure the proper dissemination level of the spiritual and moral values, which are deemed traditional, it is necessary today, taking into account the above-mentioned and along with the other measures, to make an inventory and systematise the terminology and concepts in the sphere of legal regulation of the secure informational environment formation.
Discussion and Conclusions. The definitional part of the legal background for forming the infosphere of knowledge is yet under development, but it already requires a quicker and more complete definition of its content and functional nature in terms of the subject of relations, the forms and methods of legal impact. The inventory and systematisation of the terminology and concepts in the sphere of legal regulation of the secure informational environment formation should be carried out as soon as possible, because this will foster implementation of the legal conditions for the informational counteracting at the present stage of the Russian Federation information society development.
Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matter of the institute of stipulation in the Roman Private Law, finding out its structural features, origin and evolvement in the historical perspective.
Materials and Methods. The legal, organisational, worldview, methodological and other aspects of studying the stipulation within the Roman Private Law have been considered by applying the methods of scientific cognition generally accepted in Russia: general scientific (dialectical) and specific scientific (analysis, synthesis, historical case specific, logical, etc.) methods.
Results. The stipulation is an unilateral agreement (contract) used in the Roman Law, concluded orally (verbally) between the parties (debtor and creditor) in the form of solemn declarations regarding the proprietary rights of the Roman citizens and foreigners. The mandatory attributes of the stipulation are: the grounds, the subject, the parties, the form and classification. Various juridical factors used to be the grounds for arising the stipulation. Alongside, according to the Roman Law School, the provided obligation was referred to the range of conventional (contractual) ones, was unilateral and had an abstract nature. Any obligation comprising the ownership right as well as the right of possession could constitute the subject of the stipulation. The provisions on monetary assessment timeframe of an object of obligation, various conditions for terminating the stipulation, circumstances excluding the defense's claims in the lawsuit based on the stipulation, and mandatory requirements for making a deal have been considered in the article. The parties to the agreement were both Roman citizens and foreigners. The deal could be made for the benefit of a creditor as well as his heirs. The obligations within the stipulation and the features of slaves’ participation in the agreement have been considered. In such agreements the parties were represented by: guardians, adstipulators, donators. The timeframe for fulfilling an obligation should have been indicated as a condition for concluding an agreement, and the period for claims in the lawsuit began from the moment of detecting the violations of an obligation, which took place during the factual happening of an event in the frame of the agreement. The potential perspective has been highlighted during studying the history of obligations within the stipulation on the territory of the Bosporan kingdom, being the part of the Roman protectorate. The examples of the institution of stipulation acceptance in the current Law of Obligations have been considered.
Discussion and Conclusions. The conducted research has theoretical and practical value and is targeted at the educators providing professional training to future lawyers. Thus, one of the topics proposed for including into the Study Module “Roman Private Law” is the stipulation, which is traditionally studied within the Roman Law of Obligations.
Introduction. In the Russian legislation there is a definition of the notion "extremism”, the notions "extremist activity", "carrying out extremist activity" are used and the directions of extremist activity counteracting are stipulated. However, in-depth study is required of the nature of extremism, the methods, mechanisms and opportunities of its manifestation, as well as of the evaluative nature of establishing the reasons and consequences of certain actions and statements provoking or encouraging people’s illegitimate and extremist sentiments and actions. The theoretical study of the above issues is required due to the changes in technologies of information distribution, methods of influencing the human behavior and harmful consequences the extremist activity can entail. The article considers the results of the extremism countering legislation overview, analyses the data evaluating the socio-political situation in the subjects of the Russian Federation of the Southern Federal District, discloses the meaning of the notion "extremism" in the framework of the modern methods of countering this type of crime and preventing possible preconditions and reasons for wide spreading such ideology. The study aims at identifying the aspects of concern in extremism counteracting in the context of social relations digitalisation.
Materials and Methods. The research objectives are both the notion of "extremism" and its manifestation in various spheres of social relations. The following methods of general scientific knowledge were used: idealisation, formalisation, logical and comparative methods; the empirical and theoretical methods: method of analogies, abstracting, induction and deduction; as well as specific juridical methods: formally juridical, comparative legal, method of legal modeling and legal norms interpreting.
Results. Upon studying the Russian legislation in the field of extremism counteracting and its implementation practices, the suggestions were made on the necessity to have a wide-scale discussion and more detailed juridical stipulation of the notion of "extremism", the forms of its manifestation, as well as counteracting facilities, taking into account the modern methods of communication and distribution of information. The significance was proved of extremism prevention and conducting the awareness campaigns called to clarify the governing decisions made at all levels of authority to decrease the possibility of public opinion manipulation and extremist sentiment arising. The analysis of the Russian Ministry of Justice local bodies experience in countering the extremist activity in the socio-political and rule-making spheres was carried out. The attempt was made to find solutions in the topical issues of making the correct governing and rule-making decisions aimed at harmonising the social life and ensuring the security of a person, a society and a state.
Discussion and Conclusions. The issues of extremism manifestation, possibilities of its negative influence on the social relations development, state activity, citizens’ and their associations’ well-being are considered through the socio-political situation evaluation done by the local bodies of the Ministry of Justice of the Russian Federation in relation to the non-profit organisations' (hereinafter – NPOs) activity in the subjects of the Russian Federation (their registration, control of the events held by them, receiving the financial support and sources of such support).
Introduction. The principles and values, which form and keep functioning the civil society, should be a priority for all the present and future generations of citizens of the country. At the same time, the theoretical understanding of these categories should be backed up by their practical implementation. Therefore, the article aims at conducting the experimental pedagogical study of the problematic aspects of legal consciousness development for enabling a comprehensive assessment of the civic position maturity level of higher education teachers and students.
Materials and Methods. The pedagogical activity management process in a Higher Education Institution and the work of tutors served the material for the present research. The research was conducted using a set of general scientific and specific scientific methods targeted at analysis and systematisation of the relevant materials, as well as at practical and experimental investigation.
Results. The content of educators’ and students’ work on development of self-consciousness was considered during both in-class and extracurricular activities. Among the fundamental principles of the pedagogical activity management, the principles of legal consciousness and citizenship, democracy, as well as tolerance and civic actions engagement experience were defined. The features of tutors' work targeted at students’ legal consciousness and civic position formation were also analysed. In addition, the article focused at the need to form and strengthen partnerships with the general public, educational institutions, authorities and business.
Discussion and Conclusions. The manageability of the civic self-consciousness development process has been revealed as the main result of the authors’ analytical research. The essential pedagogical requirements for this process have been distinguished: setting up interaction among all participants of this process both during educational as well as extracurricular activities, considering student professional training specifics and involvement of the general public into the process of self-consciousness development. The need to sensitize the teaching methods fostering students’ legal consciousness and citizenship formation has also been mentioned among the pedagogical requirements. The efficiency has been proved of setting up the temporary pedagogical communities of experts working directly with students and elaborating the specialised approaches designated to form the above-mentioned qualities in students through promotion of the special topics and issues within the curricula courses, the study of which can multiply the efficiency of the civil legal consciousness development efforts. The tutor activities programme aimed at students’ civic position formation has been worked out and suggested; step-by-step monitoring of students’ civic position formation process has also been envisaged.
Introduction. For a long time the application of the extensive land and forest management at the abandoned agricultural land had no respective legislative framework, that would regulate forests growing. The proprietors, who were in despair due to the excessive fines imposed on them for not using the agricultural land, had been burning up the forests on their lands causing considerable damage to themselves, society, the state and nature. In Russia, the area of the abandoned agricultural land suitable for forestry is about 76 million hectares. In 2020 two extremely important regulatory legal documents concerning the forests located on the agricultural land not used in compliance with its intended purpose were adopted – the Russian Federation Government Decree No 1509 of September 21, 2020 (hereinafter – Decree No 1509) and the Russian Federation Government Decree No 1482. The business entities (including the proprietors and forest managers) interested in development of this sector have noted the positive dynamics in the legislation development because of the profound opportunities opened for forests multiplication –– there appeared the opportunities for forest farming and growing the forests on the abandoned agricultural land, setting-up the nursery forests, developing the rural territories, particularly in the Non-Black-Soil zone, all of these can benefit the Russian forests stock, preserve biodiversity and, not the least, improve the overall ecological and climate situation in the country and in the world. By the beginning of 2023, this sector of legal relationships has been significantly amended by the legislators, however it should be noted, that the legal regulation and settlement of many issues in this sector still remain difficult. The aim of the present research is to distinguish the problematic issues in development of the Russian Federation agroforestry legislation and implementation of the Russian Federation Government Decree No 1509 of September 21, 2020.
Materials and Methods. In the article, the issue of growing the forests on agricultural land was analysed. The general scientific and specific scientific methods were used in the research. The methodology of the study was based on the dialectical method, as well as on the legalistic, comparative-legal, system-structural kinds of analysis.
Results. It was revealed, that the formidable administrative and regulatory barriers have been set forth the agroforestry evolvement and this sector of the legislation development needs serious reassessment. Urgent steps must be taken to identify all the gaps and shortcomings and to rectify the situation.
Discussion and Conclusions. The problems caused by adding the numerous amendments to the Decree № 1509, complicating the forests growing on agricultural land, have been revealed. The transit to the intensive management of forests and removal of bureaucratic barriers in development of the agroforestry are deemed necessary.
Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.
Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.
Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.
Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judicial practices. All of the above-mentioned does not merely make the topic of the present study relevant, but also determines the main trends for improvement of the current Russian legislation referring to the gift agreement regulation.
Introduction. Commission of any crime involves intense emotional experience and emotional outbursts. And this kind of agitation is felt not only by a person encroached upon, but also by a subject of a crime. In the majority of cases, emotional experience is related to committing the certain actions resulting in violation of the Criminal Law and, consequently, committing a crime. However, in some cases, the mechanism of a crime is realised after and as a result of experiencing the powerful emotional experience. In such cases, it is impossible to deny the possibility of this state to have impact not only on the intentions and motives of a person, but also on the nature of his actions and their outcome. From this perspective, studying the features of the heat of passion is of great importance for the Criminal Law and for assessing the nature of a guilty person’s actions, as well as for determining the appropriate punitive reaction by means of the term and type of criminal punishment. The present study aims at differentiating the influence of various types of heat of passion, experienced by a subject of a crime, on the important elements of a crime, which are taken into consideration while qualifying the act and imposing the punishment.
Materials and Methods. In order to define the concept of heat of passion, it is necessary to analyse available scientific approaches used for investigating this problem and correlate the problem with the existing practices of studying the heat of passion. Besides, not only the most popular opinions of practitioners and theoreticians have been taken into account, but the unpopular opinions on the issue of the heat of passion detection have been analysed as well. The general and specific scientific methods have been used in the research, in particular, the analysis, synthesis, interpolation, structural analysis, methods of legal psychology and psychiatry.
Results. The "heat of passion" concept has a complex and heterogeneous nature, therefore, in order to be able to assess impartially the criminal and legal value of a person's state upon committing a crime, it is necessary not to be restricted to merely establishing the fact of heat of passion presence at the moment of committing a crime. It is important to identify, to which of five types of heat of passion, stipulated in the present work, and to which of their phase, the state, diagnosed in a subject of a crime, can be referred to.
Discussion and Conclusions. As a result of conducted research, it was possible to identify such types of heat of passion as: the cumulative, the abnormal, the one caused by alcoholic intoxication, the pathological, the physiological, which, in their turn, undergo several phases during formation and experiencing by a subject. However, the majority of the researchers share the opinion that only two of the identified types of heat of passion can unambiguously entail criminal and legal consequences: physiological (not related to the diseased condition and liable to imposing and enforcement of criminal punishment) and pathological heat of passion (entailing, if present, declaring a person insane). All the other heat of passion states, which to one degree or another are varieties of the two above-mentioned, can not exclude imposing and enforcement of criminal punishment, but may affect the substantive characteristics of the subjective side of a crime, and, consequently, the type and scope of the punishment imposed.
Introduction. In the Inheritance Law doctrine much attention is paid to the Inheritance Agreement construct as a universal tool for planning the inheritance procedure. However, the content of the Inheritance Agreement depends on the purpose of the agreement. In the present article, the features of each type of the Inheritance Agreement are defined. The aim of the study is to determine the legal regulatory specifics of the relationships being the subject of different types of the Inheritance Agreements and justify the need to apply a particular method of defending the interests of the Parties thereto.
Materials and Methods. The social relationships arising from entering, executing and terminating the certain types of the Inheritance Agreements are the object of the present study. The methodological basis of the research includes the general scientific methods: formal-logical analysis, structural-functional and induction methods. From among the specific scientific methods, the legalistic and comparative-legal methods have been used.
Results. Based on the purpose of the Inheritance Agreement, five types of this legal construct have been distinguished: the Inheritance Agreement designated for a testator to receive income during his lifetime from the after death descent of inheritance; the one used for financing the implementation of the important testator’s interests after his death; the agreement concluded to encourage the heir’s certain behavior before and (or) after testator’s death, including management of a testator's property; the Inheritance Agreement protecting the will of a testator from being contested by heirs; the Matrimonial Inheritance Agreement. Each type has the features of legal regulation expressed in the ways of defending the rights and interests of the parties to the agreement.
Discussion and Conclusions. The analysis of the implementation efficiency of the considered types of the Inheritance Agreements in terms of achieving their Parties’ goals, allowed formulating the following conclusions. For ensuring fulfillment of a testator’s will after his death, it is necessary to allow keeping the record of the inheritance acquiring conditions during the period established for the accession to the heirship. To strengthen protection of a testator’s counterparty in the compensatory contracts, it is necessary to allow encumbering the future inheritance with pledge; impose on a testator the obligation to inform a heir about the alienation of property, being an object of an agreement and reimburse him the incurred expenses; recognise the right of a heir for reimbursement of all the losses incurred due to relying on a testator’s promise to transfer to him the property after death.
Introduction. Development of digital technologies, expansion of the spheres of distant learning implementation in the context of providing the educational services has resulted in creation and location of large amount of informational content at the open educational resources and institutional websites with access restricted for the external users. As consequence, there arise issues of authorship and copyright holding of the above-mentioned content, the limits of using the intellectual activity results of the authors of such content, distribution of remuneration received for its commercial use, as well as protection of subjects’ copyright whenever it is violated.
Materials and Methods. The present study is based on the works of Russian and foreign researchers on copyright, on provisions of the Russian Federation Civil and Labor Law, as well as on the legislation of foreign countries. General scientific and specific scientific methods were used, such as the method of comparative legal studies, which allowed finding out approaches for solving the set forth problems in the frame of the other jurisdictions.
Results. The conducted research shows that the problem of unlawful use of the educational content and protection of the rights of the content authors and copyright holders is widely spread and is especially relevant for the open educational resources. The authors of the present article have come to the conclusion that educational online content should be qualified as a complex piece of work and at the same time as a computer software and a unique database. The limits of free use of such a product should be specifically stipulated, i.e. for personal use, for non commercial use. For settling disputes between the authors and educational institutions, it is proposed to specify in an employment contract the types of pieces of work that are considered institutional ones, and to determine the conditions for using them among the parties.
Discussion and Conclusions. The investigated problems of creating and locating the large informational-educational content, of using and processing the results of intellectual activity of the authors of such content, distributing the remuneration received for its commercial use, as well as protecting the rights of subjects in case of violation, have great practical importance, because the findings can be applied to solving the problems of exclusive ownership of the institutional pieces of work.
