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Proceedings of Southwest State University. Series: History and Law

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Vol 13, No 5 (2023)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

10-19 287
Abstract

Relevance. As is known, legal relations play a significant role in law enforcement, legal protection, satisfaction of the vital interests of individuals and legal entities. The study of legal relations, the elucidation of their legal essence, role and place in the system of legal means remains an urgent problem in legal science, despite the long historical development of the doctrine of legal relations in the general theory of law and civil law. In modern jurisprudence, many researchers consider the concept of "legal relationship" as: public relations regulated by the rule of law; legal form of public (actual) relationship; the unity of the legal form and material content. The author of the article set the task to analyze in the historical and legal aspect the scientific views of Russian scientists on legal relations in the 19th early 20th centuries. in order to form their position on the designated topic.

The purpose of the study: to find out in the historical and legal aspect the scientific views of Russian scientists of the 19th early 20th centuries. about legal relations, their subjective and object compositions, content.

Research objectives: to identify the legal approaches of domestic researchers of law of the specified period to understanding the legal nature, subjects, objects and content of legal relations.

Methodology. In the course of the study of the designated topic, such general scientific and private scientific research methods as historical-legal, logical, formal-legal, system-structural and comparative-legal methods were used.

Results. Based on the analysis of the theoretical conclusions of well-known pre-revolutionary lawyers, it was revealed that a significant part of legal researchers considered legal relations as actual relations regulated by the norms of objective law, and the elements of legal relations are subjects, objects, legal rights and corresponding duties. It has been established that there are legal relations as ideal legal models of behavior of subjects of law, and specific legal relations that arise on the basis of legal facts with the participation of specific interested subjects of law, endowed with subjective rights and legal obligations regarding certain objects rights.

Conclusions. Legal relations are social relations settled on the basis of the norms and principles of Russian law, reflecting the unity of the legal form and legal and factual content, with the participation of individuals and legal entities, public legal entities.

20-30 410
Abstract

Relevance. The Russian Federation is a multinational and multi–confessional country with more than a thousand years of development experience. According to some statistical studies, currently representatives of more than 200 nationalities live in the Russian state, having their own distinctive, unique culture, linguistic, ethnic characteristics. The multiethnic composition of the population of the modern Russian state necessitates the development of an effective legal mechanism for regulating the national issue in the country. However, it is impossible to achieve this goal without a comprehensive study of the historical foundations of the evolution of state national policy in Russia. In this connection, we consider it relevant to analyze the legislative experience of regulating interethnic relations in the Russian state, which has the status of a multi-confessional and multinational country at all stages of its development.

The purpose of the study is a historical and legal analysis of the evolution of the national state policy of Russia in the context of changes in society and the state at different stages of historical development.

Objectives: to identify the features of the legal regulation of interethnic relations in Russia in the prerevolutionary period; to analyze the experience of solving the national question in the USSR; to determine the main goals of the implementation of national state policy in the Russian Federation and priorities of legal national policy at the present stage of development of the Russian state.

Methodology. In the process of working on the study, the following methods were used: the method of synthesis, analysis, generalization, systematization, comparative legal and chronological methods.

The results of the study have important theoretical and practical significance. The conclusions obtained in the work are able to enrich the legal science with new knowledge of the sphere, as well as find application in the further improvement of the domestic national state policy.

Conclusion. Currently, Russia has developed a systematic approach to solving the national issue, legal mechanisms for regulating interethnic relations have been developed, taking into account the centuries-old experience of the history of Russia's development, which has the status of a multinational country at all stages of the evolution of statehood.

PRIVATE (CIVIL) JURISPRUDENCE

31-42 293
Abstract

Relevance. Family entrepreneurship is one of the main trends in the modern development of entrepreneurial activity. Over the past five years civilistic science has achieved significant results in the study of this multidimensional complex phenomenon. Being at an intersectoral junction (civil, family, entrepreneurial, labor, administrative law), family entrepreneurial activity is designed to solve many government tasks, which allows us to talk about the entry of this type of entrepreneurial activity into Russian entrepreneurship ecosystem on a permanent basis. At the same time, Russian legislator does not react to large-scale development of family business in any way, which creates insoluble difficulties in its implementation, protection of participants rights. Under such circumstances, the experience of legal regulation of relations arising from family entrepreneurship in foreign countries that have followed the path of adopting a special law seems relevant. The United Arab Emirates is one of such states.

The purpose is to set the content of a special law on family business in the United Arab Emirates.

The objectives of the study: to determine the state of family entrepreneurship development abroad; establish the need to study the experience of legal regulation of family business in the UAE; disclose the content of the UAE family business law.

Methodology. The article is based on analysis methods, deduction, description, generalization, formal-legal, comparative-legal methods.

Results. The study found that the UAE's approach to legal regulation of family business relations is based on an internally consistent special legislative act based on a symbiosis of family values and advanced business achievements.

Conclusion. The experience of legal regulation of family entrepreneurial activities of the UAE is one of the progressive at present. It seems that it is necessary to consider the achievements of the Arab legislator when creating the concept of Russian law on family entrepreneurship, its structure, laying down the principles.

43-53 141
Abstract

Relevance. Digitalization processes have covered many areas of modern human life, information and communication technologies are forming a new reality – digital reality. Digital technologies are also being widely introduced into the legal sphere, including the turnover of real estate, the execution of transactions with it. The implementation of transactions with residential premises is among the problems that have not lost their significance for decades, having fundamentally important social and economic significance, digitalization of transactions with residential premises increases the level of relevance. Digital modernization also generates a number of problems, one of the main problems is the state's unwillingness to systematically transform the legal regulation of public relations, which is largely due to the lack of legislation necessary to regulate digitalization, the absence of a single definitive apparatus; the above fully applies to transactions with residential premises.

The purpose of the article is to attract the attention of the scientific community to the issues of digital opportunities for the implementation of transactions with residential premises, to familiarize with the results of the author's research in the designated area.

Objectives: consideration of approaches to the concept of "digitalization" presented in modern legal science; consideration of the procedure for concluding transactions with residential premises using digital technologies; formation of proposals for improving the current Russian legislation.

Methodology. The methodology of the undertaken research is based on the achievements of the general theory of law, private law and public law science, which make it possible to systematize the available theoretical and empirical data on the digital possibilities of implementing transactions with residential premises.

Results. In the course of the undertaken research, the risks faced by participants in civil law relations (in particular, when implementing transactions with residential premises) were identified, a number of promising proposals aimed at improving the regulatory framework were developed.

Conclusion. Digitalization of transactions with residential premises indicates the correlation of relevant legal procedures to the level and requirements of the development of information and communication technologies. The authors substantiate the prospects of digital opportunities for the implementation of transactions with residential premises.

54-64 200
Abstract

Relevance. In the conditions of active informatization and digitalization, the number of operating information systems used by the user to meet various cultural and (or) economic needs increases, the value of accounts, a technological solution that allows accumulating information and data in a certain information system increases. The author considers the problems of the possibility of inheritance of accounts in information systems, methods of their solutions. The concept of considering an account as a digital asset is proposed – a new object of civil turnover, an object of inheritance.

The purpose of the work is to develop the concept of inheritance of accounts (accounts) in social networks in the Russian Federation, to determine their legal nature.

Objectives: to analyze the current legislation and judicial practice of the Russian Federation in the field of legal regulation of accounts (accounts), their inheritance, to investigate the doctrine of private law and to form the concept of inheritance of accounts (accounts) in social networks in the Russian Federation.

Methodology. In the process of working on the research, general scientific research methods and methods inherent in modern private law science were used. We are talking about the use of methods of analysis and synthesis of information, data interpretation. The analysis of the current legislation in the field of commercial turnover of information is made.

Results. The absence of a regulatory framework revealing the legal nature of accounts (accounts), their place in the system of objects of civil turnover is determined. The economic significance of the account (account) has been determined for a specific user of the social network and (or) his heirs. The legal problem of inheritance of accounts (accounts) is indicated.

Conclusion. The conducted research provides the basis for an unambiguous conclusion about the absence of the necessary legal mechanisms for the inheritance of accounts (accounts), the absence of a normative definition of the legal essence of this phenomenon. The necessity of implementing the legal modernization of civil legislation in the context of the actualization of the problem of account inheritance is substantiated.

CRIMINAL LEGAL SCIENCE

65-74 242
Abstract

The relevance of the article lies in the fact that the crime provided for in Article 354.1 of the Criminal Code of the Russian Federation still raises questions from the point of view of the expediency of criminalization. The dynamics of the number of convicts over the past two years shows a sharp increase compared to previous years, which indicates the activation of persons promoting Nazism, as well as the intensification of the work of law enforcement agencies. Knowing what the social danger of the rehabilitation of Nazism is will help both the legislator (in terms of criminalizing new, related crimes) and the law enforcement officer (in terms of clarifying the correctness of the application of this norm).

The purpose of the article is to reveal the issues of the social danger of the rehabilitation of Nazism, to identify the importance of criminalization of this act for the preservation of peace, stability and justice not only in the modern Russian state, but also in the world community.

Objectives: to study the prerequisites for criminalizing the rehabilitation of Nazism, to analyze and comprehend the mechanism of harming public relations by the rehabilitation of Nazism.

Methodology. The basis of this research is a set of various methods of cognition, including both the dialectical method and methods of analysis and synthesis, induction and deduction, formal legal and comparative legal.

The results of the study are both theoretical and applied. The author considered the issues of the nature and degree of social danger of the rehabilitation of Nazism, which can be used by the legislator when improving the norm (in terms of penalization and depenalization).

Conclusions. The discussion of the issues considered will draw the attention of the legislator to the development of solutions for further improvement of the regulation of the crime provided for in Article 354.1 of the Criminal Code of the Russian Federation.

75-86 227
Abstract

Relevance. Ensuring the effective protection of an individual's personal data is of high and enduring importance. Despite the efforts made, in Russia the situation in this regard is deteriorating every year more and more incidents with the leakage of personal data of millions of citizens occur. All this not only generates distrust in the efforts of the state to build a digital economy and e-government, but also acts as a powerful determinant of a number of other crimes (primarily against property).

The purpose is to obtain new scientific knowledge about the features, problems and prospects of the criminal law protection of personal data of an individual.

The objectives of the study is to identify the problems of implementing the mechanism of criminal law protection of personal data of citizens.

Methodology. The methodological base of the research is made up of general scientific and particular scientific methods of cognition of reality, such as analysis, synthesis, induction, formal-legal, abstract-logical and others.

Results. In the course of the study, statistical data on the dynamics of infringement on personal data in Russia, law enforcement practice available in the public domain, doctrinal sources and analytical materials were analyzed, interviews were conducted with specialists. Taken together, this made it possible to formulate original provisions that develop the domestic theory of criminal law, to develop recommendations aimed at overcoming the problems of law enforcement in cases of infringement of personal data.

Conclusions. Digitalization has led to an increase in social tolerance for violations in the field of inviolability of personal data and privacy. It seems promising to implement a model of differentiation of criminal liability depending on the number of victims of the disclosure of personal data. The mechanism of criminal law protection requires improvement in terms of the development of biometric data technologies. The significance of such personal information requires a differentiated approach to establishing responsibility for illegal actions in relation to biometrics.

87-100 125
Abstract

Relevance. Repeated appeals to the Constitutional Court of the Russian Federation to challenge the constitutionality of the provisions of various regulatory legal acts containing legal restrictions and prohibitions in relation to persons previously subjected to criminal prosecution allow us to state the presence of systemic omissions in the formation of an independent group of measures of social control over persons who have committed a crime.

The purpose is to develop legal means to eliminate the contradictions of criminal and sectoral legislation.

The objectives of the work were to analyze the content of normative legal acts that provide for the establishment of general legal restrictions for persons who have committed crimes, as well as decisions of the Constitutional Court of the Russian Federation regarding these provisions.

Methodology. The work used the general scientific dialectical method of studying social phenomena, as well as a number of particular scientific methods (analysis, synthesis, etc.)

Result. Analysis of the prescriptions of the Constitution of the Russian Federation, criminal legislation, certain normative legal acts, law enforcement practice, it allowed the authors to identify a number of problematic issues in determining the legal nature of the so-called general legal consequences of a crime committed, to state the lack of consistency in determining the criteria, terms and content of these legal restrictions by the legislator.

Conclusions. In conclusion, the authors were able to formulate proposals for the creation in the criminal law of an independent institution that regulates the grounds, the procedure for the application and termination of nonpunitive law-restrictive measures against persons who have committed a crime.

101-112 196
Abstract

Relevance. In this article, the authors consider the signs of socially dangerous encroachments, the suppression of which generates the right to the necessary defense. Studying the signs of encroachment, enshrined in Article 37 of the Criminal Code of the Russian Federation, resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 dated 27.09.2012, as well as developed by the doctrine of criminal law, the authors come to the conclusion that the signs of encroachment are interpreted both in a narrow and in an expansive meaning, which, in turn, creates difficulties in solving the issue on the legality of causing harm in a state of necessary defense.

The purpose of the study is to develop theoretical judgments about the form of socially dangerous encroachment, which, in turn, is the basis for the emergence of the right to the necessary defense.

Objectives: To identify possible problems related to the realization by citizens of the right to the necessary defense.

Methodology. The methodological basis of the research was the universal dialectical method of cognition of socio-legal phenomena, general scientific research methods (analysis and synthesis, deduction and induction, system-structural and others). In addition, private scientific methods of cognition were used logical–formal and system analysis.

The results of the study are theoretical and applied in nature and are aimed at overcoming the contradictions that arise when solving the question of the legality of the harm caused in a state of necessary defense.

Conclusions. As part of the study, the authors conclude that the provisions of Article 37 of the Criminal Code of the Russian Federation are designed purely formally, which negatively affects the protection of the rights and interests of the defending person.

POLITICAL SCIENCES

113-123 739
Abstract

Relevance. As a Special military operation is carried out in the phase of a full-scale armed conflict, an increasing number of social groups are involved in the process of direct or indirect support of the Russian army and irregular units. There is an ordinal increase in the composition of non-State structures both in the direction of their activities and on a territorial scale. Institutionalized, non-institutionalized and networked associations en masse include all new social aggregations and territorial communities. In this connection, scientific interest is being actualized regarding the study of the ongoing changes in the institutional and functional parameters of the development of the "third sector" of Russia in the conditions of a full-scale armed conflict. In this connection, analytical processing of the modification of the relationship between public and state institutions in the period of ITS.

The purpose of this study is to comprehend the transformations of Russian civil society during the Special Military Operation of 2022-2023.

Objectives: to determine the causes and prerequisites for the growth of public patriotic upsurge during a special military operation; to typologize changes in the subject composition and channels of state-civil interaction in modern Russia; to identify current trends in the transformation processes of Russian civil society during the period of its.

Methodology. To solve the goals and objectives of scientific work, the author applied comparative, structuralfunctional and historical research methods.

Results. The majority of the Russian society's support for the fight against militarization and Nazification of Ukraine was expressed in the promotion of amateur civil initiatives to provide comprehensive assistance to the Russian army, residents of the frontline regions. The reasons for public activity should be called the transition of the SVO into the phase of a full-scale struggle with the Atlantic coalition, which required replenishing the structure of the military organization of the state at the expense of volunteer irregular formations. In a historically short period of time, the functions of non-State actors were modernized, which led to the involvement of new types of public associations in the field of civil–military relations network volunteer groups and communities engaged in equipping the belligerent army and its information and advisory support.

Conclusion. Despite the inconsistency of the ongoing changes, the sphere of civil-military relations is becoming the dominant direction of civil-state dialogue in the modern Russian Federation. Only those subjects who were able to prove themselves as a link between the army and the people are able to remain effective actors of sociopolitical processes in Russia of the XXI century in the foreseeable future.

HISTORICAL SCIENCES

124-139 157
Abstract

Relevance. Protecting the health of citizens is one of the most important tasks of the state. The role of competent structures in solving this issue is increasing in the conditions of the spread of infectious diseases. The recent fight against the COVID-19 pandemic has proved the need to unite the efforts of authorities, scientific and medical institutions, and civil society institutions to effectively confront global challenges that threaten the health of millions of people. The effectiveness of the measures taken depends on taking into account the experience accumulated by mankind. Regional practices of anti-epidemic activities deserve attention both in practical and research terms. This problem was not specifically considered in retrospect.

Purpose. To reveal the main problems of ensuring sanitary and epidemiological safety of the population of the Kursk region in the first post-war decades and the role of regional health authorities in this process.

Objectives: to characterize the state of the sanitary and epidemiological service of the region on the basis of documentary sources, to reflect their role in preventing the spread and combating infectious diseases.

Methodology. When writing the work, the authors relied on the fundamental methods of historical science (the principles of historicism and objectivity), as well as a number of specific historical and general scientific methods (analytical, comparative-historical, historical-genetic, etc.).

Results. The presented materials show that medical institutions, as well as State and political bodies, took the overcoming of epidemiological and infectious diseases very seriously and responsibly. In the most difficult post-war conditions, it was possible not only to prevent the spread of mass epidemics, but to take the situation under control, and in the future to minimize many epidemiological diseases.

Conclusion. Thanks to the measures taken in the first half of the 1960s, the incidence of typhus and a number of other diseases practically disappeared. But it has not yet been possible to completely defeat many epidemiological diseases during the study period. The problem of combating acute intestinal infections remained very urgent, mainly due to the rather low sanitary culture of the population.

140-151 135
Abstract

Relevance. The volume of redistribution of the smallholder land fund directly depended on the success of combining the methods of land seizures by officials. For the one-courtyard people of the Central Chernozem region, the voiced question was so relevant that it significantly influenced their property status and choice of habitat.

Purpose. The study of a combination of various methods of capturing one-courtyard people's land by officials of the Central Chernozem region from the middle of XVII-th to the end of XVIII-th century.

Objectives consist of the study of individual and successive methods of seizing smallholder land by officials, as well as reusable land acquisitions by individuals upcoming «in business» together with their direct descendants.

Methodology. In the process of the work were used analytical-synthetic and comparative-historical methods, as well as retrospective and historiographical analyses.

Results. In the study, the author shows the whole structure of the methods of seizing one-courtyard people's land by officials, providing a statistical comparison of their application in practice. Then the researcher studies of the combined use of different methods of possession, which alternate at all levels (subtypes, types, and methods) for success. Finally, the author examines the multiple acquisitions of smallholder land by officials, along with their collective seizures by entire clans.

Conclusion. The reason for combining the methods of capture lay in the steadfastness of the one-courtyard people and the greed of individual officials. The cessation of a series of attempts to seize the land was determined by the success of one side or another. The variety of combinations of methods depended on both officials and onecourtyard people. For example, the characters of the invader and the victim. The versatility of possessions expanded with the powers of the upcoming «in business» in progression: the higher the position, the wider the list of its capabilities, and the lower the level of the invader, the more rudely he applied the methods of seizures. On the whole, the process of redistributing the land fund of the one-courtyard people of the Central Chernozem region was not an individual phenomenon, since it involved several generations of all parties involved in the process.

152-161 113
Abstract

Relevance. The article discusses the peculiarities of the diet of the population of the city of Kursk in the early years of Soviet power. This issue has not been sufficiently disclosed in the scientific literature. The conclusions made on the basis of the study determined the relevance of the work.

The purpose of the article is to form an idea about the nutrition of the population of the city of Kursk in the early years of Soviet power.

The objectives arising from the set goal are to: 1) indicate the nutritional norms of the population in the first post-revolutionary and post-war years; 2) identify the differences in the nutrition of different segments of the population of the city of Kursk; 3) determine the degree of sufficiency of nutrition of citizens in the early years of Soviet power.

Methodology. The methods of objectivity, scientific, historicism were applied in the work, in addition to which historical-comparative and chronological approaches were used.

Results. Revolutionary events and the civil war led to a rapid deterioration of the food situation in the city of Kursk. Bread became the main product on the tables of the Kurians. The food set was dependent on the category of the population. Highly skilled workers had a higher income, and, consequently, a better set of food products. Employees were inferior to them. Non-working citizens had a completely meager diet. The Soviet government raised the issue of improving food conditions, was engaged in the organization of public catering in the city.

Conclusions. The food of the Kurians was determined by the state of the country's economy. Nutritional standards of the population in the first post-revolutionary and post-war years were reduced. The shortage of food in the early years of Soviet power was palpable. There were differences in the nutrition of different social strata of the population of the city of Kursk, the most complete was the table of highly skilled workers.

162-173 118
Abstract

The relevance of the research topic lies in the need at the current stage of aggravation of international relations to resist the increasing attempts to falsify the history of the Great Patriotic War, its course, results and results. The liberation mission of the Red Army in Europe began with the Uman-Botoshan offensive operation of the 2nd Ukrainian Front, during which Soviet troops reached the state border of the USSR and began to liberate Romania. The question of the completion date of the operation is associated with an objective assessment of its result, as opposed to a number of biased positions that exist in domestic and foreign historical science.

The purpose of the study is to establish the end date of the Uman-Botosha offensive operation of the 2nd Ukrainian Front (1944).

Objectives: to identify the existing chronology options for the Uman-Botosha operation in Soviet, Russian and foreign historiography, to compare and evaluate their validity.

Methodology. The research was based on the principles of objectivity, historicism and consistency. The author used a complex of general scientific and special historical methods in his work: analytical, critical, comparative historical, problem-chronological, retrospective.

Results. It has been established that in the research, encyclopedic, reference literature of the period of the late 1950s early 2020s. three different dates for the end of the operation appear: April 6, April 17 and May 6, 1944. In addition, a number of domestic and foreign historians introduced the concepts of the Targu-Frumos frontal offensive operation and the First Iasi-Chisinau strategic offensive operation, the scale and timing of the which do not coincide with each other, but overlap with the most common dating options for the Uman-Botosha offensive operation.

Conclusions. The author sees the possibility of resolving the subject-chronological problem that has developed in historiography in a new appeal to archival and published documentary materials.

REVIEWS

174-184 110
Abstract

Relevance. In the review, the authors evaluate the monographic work of Doctor of Law, Professor S. F. Milyukov, Doctor of Law A.V. Nikulenko: "Causing harm during the detention of a person who committed a socially dangerous act." In the realities of today, the scientific, theoretical and practical problems of the implementation of the institution of causing harm during the detention of a person who committed a crime, as an independent circumstance excluding the criminality of the act, have not lost their significance.

The purpose of the study: to conduct a comprehensive comprehensive scientific analysis of the monographic

work.

Objectives: to assess the relevance and novelty of the content, the depth of the problem formulation and solu-

tion of the designated tasks, the scientific and practical significance of the results of the monographic research.

Methodology. The review was based on general scientific (analysis, synthesis, comparison, etc.), private scientific and special legal methods of cognition. and correctly

Results. The team of authors made a proposal for a number of amendments to the current norms of Chapter 8 of the Criminal Code of the Russian Federation and supplementing it with Article 381 "Detention of an imaginary assailant", Article 421 "Error in the presence of circumstances precluding the criminality of the act"; amendments to articles of the Special Part of the Criminal Code of the Russian Federation concerning the excess of measures necessary for detention; on the settlement of compensation for material and other (for with the exception of moral) harm in a civil procedure through the improvement of civil legislation.

Conclusion. Modern domestic legislation focuses on the regulation of the conditions for the legality of causing harm during the detention of a person who has committed a socially dangerous act, which should apply to specially authorized officials without any exceptions and substitute criminal legal regulation and have priority over departmental regulations. The proposals made, together with the adoption in the future by the Supreme Court of the Russian Federation of a resolution on all institutions excluding criminality of the act, will be able to ensure a uniform approach in law enforcement practice and contribute to strengthening the rule of law.



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