THEORETICAL AND HISTORICAL LEGAL SCIENCES
Introduction. The formation, functioning and development of a civilized civil society with the well-established institutions of democracy is impossible without compliance with the acting values of law, reliance on the law legitimacy regime and legal order consistency. It is worth to emphasise that the interaction between the civil society and the law-governed state, launching the integration of the legal values into the fundamental social relations and the legal order potential, can be carried out only based on the mature democracy. This determines a favourable legal environment enabling a person and a citizen to gain rights and freedoms of his priority. The involvement of the legal instruments is vitally important in such spheres of political and social reality where the rights, freedoms and legal obligations of the society members are fulfilled. The aim of the study is to identify the influence of the legal values on the legal order in the context of the democratic regime and civil society development.
Materials and Methods. The article analyses the values of law in the context of the public life democratisation. In the research the general scientific as well as specific scientific methods were used, such as: dialectical, system analysis, axiological, legalistic, comparative law and others.
Results. The role of the democratic Constitution of the country as a major component of the legal value system is substantiated. The features of the legal value system and the legal order potential, intermediating the state of equality, freedom, legal activity in the leading spheres of political, social, and legal reality, were analysed. It is concluded that the full-fledged functioning of the civil society and the decent living of its members are mainly determined by the legal value system and consistent legal order. The legal values efficiency is distinctly manifested only through the successful functioning of the civil society institutions and authorities, through fulfilment of the human rights and freedoms.
Discussion and Conclusion. Many vital problems of the civil society cannot be solved separately from the law. The problems of the legal regulation and attempts of the state to take control over the purely public spheres of the society members’ lives are revealed. It is proposed to focus on the need to clearly define the boundaries of the social and legal order, to use rationally the regulatory potential of both the norms of law and the social conduct norms.
Introduction. The object of legal relationship is an important element of any legal relations. This is due to the fact that no legal relationship can take place if there is no an object. In the doctrine of law, the essence of an object of legal relationship is under dispute. As a result of doctrinal research, the monistic and pluralistic concepts have been formulated in the legal literature. The aim of this article is to study the theoretical provisions for the object of legal relationship and develop practical recommendations on amending the current legislation. Based on the provisions of the object of legal relationship concepts existing in the doctrine of law, the author investigates the specific features of the legal relationship objects of the animal world protection and use. Nowadays the study of the objects of faunistic legal relationships is relevant due to importance of the animal world objects for the society and state, because in the process of rights and liabilities fulfilment, the subjects of legal relationships satisfy the economic, environmental and social interests.
Materials and Methods. In the article, the methodological basis is formed by a set of philosophical, general scientific and specific scientific methods of cognition (analysis, synthesis, concrete-historical, logical methods, etc.).
The Results. Formulating the practical recommendations for amending the current animal welfare legislation is claimed to be the research result. The article differentiates the regulation of the faunistic and civil legal relationships.
Discussion and Conclusion. The article could be used in the educational activities of law universities and faculties, as well as in the activities of the executive authorities of the Russian Federation subjects. The author has provided the definition of a juridical and material objects of faunistic legal relationship and examined the differences and features thereof. To fill in the gaps in legislation, the author has proposed to develop and adopt the regulatory legal acts within the jurisdiction of the subjects of the Russian Federation aimed at regulating the relationships on the use of the wild animals not classified as hunting and fishing resources. The author has drawn the conclusion on the necessity to include CITES species and derivatives into the current animal welfare legislation. The theoretical and practical conclusions made by the author could be taken into account for further study of the specifics of the faunistic legal relationship.
PUBLIC LAW (STATE LEGAL) SCIENCES
Introduction. At present, the Russian state is still undergoing the process of its social system transformation. The deterioration of the geopolitical situation has affected all spheres of state activity and has made the political, social and economic contradictions more acute. The electoral (vote-based) democracy is a category both social and political-legal. The institution of elections in the contemporary states becomes the focus of close attention due to capacity to involve a big amount of citizens into the social life. However, the process and final result of citizens' will expression is, to great extent, determined by the electoral system existing in the country. Legal scholars are very careful when referring to the issues of electoral system reform because in the countries with the transitional political systems of the late 20th century, the electoral institutions have developed intensely, but often inconsistently and without proper thinking. The aim of the present research is to reveal the weak points in the political-legal means of ensuring the electoral democracy development in Russia and propose the ways of reinforcing the political and ideological component in the electoral system of the country.
Materials and Methods. The political and legal basis for ensuring the institutional development of electoral democracy in Russia was analysed in the article. The general scientific and specific scientific methods were used in the research, such as, the cognitive analysis of the electoral democracy essence, the analysis of the official legal documents that legally stipulate the categorial apparatus of the object of the research, i.e. electoral democracy, the sociological method of studying the public opinion regarding elections in the country, and others.
Results. It has been proved that further institutionalisation of the vote-based or electoral democracy processes requires legal stipulation of the technological and socio-political innovations. Measures on improving the institution of electoral democracy in accordance with the social request of the Russian people have been proposed.
Discussion and Conclusion. The problems of political and legal ensuring the institute of electoral democracy in the Russian Federation have been revealed. The state policy goals for improving the institution of electoral democracy within the sustainable development of Russia could be achieved through further accomplishment of the system of suffrage, reinforcement of the political and ideological component of the electoral system of the country.
Introduction. In the states with the federal form of government the task of transition to the "green" economy is solved not only through the legal regulatory acts adopted by the central authorities, but also through development of the legislation of the subjects of federation. With this regard, the Russian Federation is not an exception. It should be noted that the legislation of each of the Russian Federation subjects can be studied separately (individually), as well as within the framework of interregional environmental problems that can be solved by contribution of each of the Russian Federation subjects. The completeness and complexity of the Russian Federation subject legislation (or the legal technique level thereof) has been defined. Based on this criterion the subjects of the Russian Federation can be clustered: the ones located near the Lake Baikal, the Volga regions, etc. According to such understanding of the problem, this study aims at analysing the environmental legislation of the Caspian region (comprising three subjects of the Russian Federation: the Republics of Daghestan and Kalmykia and the Astrakhan Region). The access of these Russian Federation subjects to the Caspian Sea determines a number of problems common for these regions, which can be solved by legal means.
Materials and Methods. The legal, organisational, ideological, economic and other aspects of the environmental legislation development of the Russian Federation subjects are studied using the commonly accepted methods of scientific cognition: general scientific and specific scientific methods (dialectical method, analysis, synthesis, concrete-historical, logical methods, etc.).
Results. The doctrinal analysis of the anticipatory rule-making concept of the Russian Federation subjects is carried out, its advantages and prospects are revealed. The environmental legislation of the three Caspian regions (the Republics of Daghestan and Kalmykia and the Astrakhan Region) is analysed. The advantages and disadvantages of the laws regulating environmental protection of the three subjects are described. It has been proved that the environmental legislation of the three Caspian regions poorly reflects their maritime status, and recommendations have been made on the ways of respecting their environmental specificity.
Discussion and Conclusion. In Russia, the authority differentiation between the Russian Federation and its subjects within the joint jurisdiction matters, including the environmental protection issues, has no proper legal regulation. The Federal Environmental Legislation lists the main directions of environmental protection which can be regulated under the Russian Federation subjects legislation, however, the federal laws which have been adopted on all (or almost all) of these issues sometimes obstruct the regions from following their own legal regulation and prevent them from observing the regional environmental specificity. As a result, in the most of the Russian Federation subjects there is no clear plan of legislative work on the environmental protection issues. On the other hand, many regions have similar environmental problems, this is clearly seen by the example of the three Caspian regions. To coordinate the Caspian regions rule-making, organisational and managerial efforts, it is necessary to develop the Caspian regions environmental protection concept (a political and legal act containing the environmental problems analysis and suggestions on their solution by legal means of the three regions), as well as establish, by voluntary will of the three Caspian regions, the coordinating body, thus enhancing their environmental legislation quality.
Introduction. The Caspian Sea is a matter of great interest and value for the Caspian littoral countries (Russia, Iran, Azerbaijan, Turkmenistan, Kazakhstan) having access to its coast. During the pre-revolutionary and Soviet period, the legal regime of the Caspian Sea was regulated by the Russian Empire (USSR) and Iran treaties. At first, after the collapse of the USSR, the Caspian Sea natural resources use and protection regime was determined by the bilateral and multilateral treaties of the Caspian littoral states. But after signing the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Tehran, November 4, 2003) and the Convention on the Legal Status of the Caspian Sea (2018) by all five countries, the use of natural resources and environmental protection of the Caspian Sea has become more coordinated. Despite the importance of the adopted international acts, some problems remain unsolved. In this regard, the article analyses the environmental legislation of five littoral states of the Caspian Sea, evaluates advantages and disadvantages thereof, as well as possibility of using their experience in Russia.
Materials and Methods. The study of the environmental legislation of five littoral states of the Caspian Sea was carried out using the methods of scientific cognition generally accepted in Russia: general scientific and specific scientific methods (dialectical method, analysis, synthesis, concrete-historical, logical, comparative law, systemic methods and others).
Results. During the research, the environmental legal acts of five littoral states of the Caspian Sea were analysed. Their national environmental problems, the existing legal regulation were studied, the comparison of the juridical formulations and their scope was made, the quality of the environmental rulemaking development in five states was evaluated, the possibilities of applying in Russia the certain forward-looking novelties of the foreign laws on the Caspian Sea protection were substantiated.
Discussion and Conclusion. The comparative law research is considered to be a very important field within the Russian juridical science, as it enriches the latter with the new ideas and experience of foreign countries that can be used to enhance the national legislation. In the frame of our research, we compared the alike post-Soviet legal systems (of Russia, Turkmenistan, Kazakhstan and Azerbaijan) and norms of their environmental law and practices of Iran, where the legal system was not subject to the Soviet influence. The environmental law norms were analysed not only in direct relation to the Caspian Sea but also in a broader context. It was found that from perspective of the concept and legal technique, the Russian Federal Law on Environmental Protection of January 10, 2002 and the Law on Nature Protection of the Republic of Turkmenistan of March 1, 2014 have a certain similarity, thus the Russian legislator can use the experience of the Republic of Turkmenistan by stipulating a special clause (or several clauses) in the Russian law concerning the Caspian Sea nature protection features. The main reason for the Russian legislator to get interested in the experience of the other Caspian littoral states is the need to implement at national level the international treaties signed by the Russian Federation, which contain the norms not yet stipulated in the environmental legislation of the Russian Federation.
CRIMINAL LAW SCIENCES
Introduction. The issues of preventing delinquency among minors, correcting and resocialising them, as well as improving the level of organisation of the psychological and socio-educational work with the convicted minors have always been within the scope of legal scholars’ interest. The possibility of committing crimes by minors is induced by children’s psyche immaturity and instability and unfavourable social environment. However, at present the experience of combating the juvenile delinquency and correctional education of the convicted minors remain the underinvestigated issues, which testifies to their relevance. The aim of the article is to study the educational work with the convicted minors taking into account the patterns of children’s psyche development.
Materials and Methods. The topic of the research updates the importance of studying the psychological and pedagogical methods and forms of work with the convicted minors, provides opportunities for analysis of the psychological development features of the juvenile prisoners. Therefore, the special legal and general scientific methods with application of the modern sources, became a priority in research on this topic. The following research methods were used: historical-legal method of cognition, legalistic method, synthesis, analysis and other methods.
Results. The article defines the historical prerequisites for counteracting the juvenile delinquency and identifies the main stages in development of the legislation in this field. Conclusions are made about the need to improve the mechanism for counteracting the juvenile delinquency. The article considers the theoretical foundations of social and educational work with the convicted minors. The essence and content of educational work with the convicted minors, taking into account their psychological distinctions, is revealed, as well as the forms and methods of social and educational work are proposed.
Discussion and Conclusion. At present, the organisational and legal support of educational work with the convicted minors in the Russian Federation ensures fulfilment of the main purpose of correctional facilities – forming the preparedness to socially and legally self-regulated behaviour in the convicted minors.