Vol 4, No 13 (2020)

We consider the problem of human dignity right as one of the key elements of the system of personal (civil) rights and freedoms of man and citizen. We state the constitutive importance of the right to human dignity in the structure of the legal status of an individual. We demonstrate the interdisciplinary nature of the institution of human dignity. We give examples of legislative protection of the right to dignity of an individual from a number of branches of Russian and foreign law. We reveal the incompleteness of both the doctrinal understanding and the legislative regulation of personal rights, including the right to the dignity of the person, which, as a general principle, figure only as objects of protection from state and legal means (mechanisms). In addition, these rights have their potential for the full realization of the personality in the process of social and legal life, and therefore it is necessary to create wider regulatory opportunities for this legal institution. The achievement of the goals of a correct understanding and regulation of the right to human dignity (as well as other personal rights) will be facilitated by the use of an interdisciplinary scientific approach in the process of scientific and practical research of this subject. We offer arguments that indicate the relevance of an interdisciplinary study of the right to human dignity.

The relevance of this study is that increasing the dynamics of the social and economic development of the state is impossible without effective public administration, which is largely associated with administrative and procedural legislation. We give a number of arguments justifying the positive role of administrative regulations adopted in the course of the administrative reform in the first decade of this century for the performance of public functions and the provision of public services in improving the efficiency of the executive bodies and their officials. This study also analyzes, on the basis of prosecutorial checks, the qualitative content of administrative regulations of the executive bodies of the Tambov region administration, which enshrines provisions that are not in accordance with applicable law: assignment to the applicant of an obligation not provided by law for the provision of documents not established by federal and regional legislation, as well as to be received in the framework of interagency information interaction; areas of reason for refusing to provide services that were different from the law were introduced. Based on the scientific and theoretical studies of foreign practice, we substantiated the need for the adoption of a federal law “On Administrative Procedures and Administrative Acts”, which would enshrine universal rules for the implementation of administrative procedures, the procedure for adopting administrative acts, and the general principles of administrative procedures that will guide all administrative authorities on the territory of the Russian Federation, which would contribute to the establishment of law and order in the field of public administration. 

The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.

We consider latent crime issues. We analyze certain types of latent crime, how to classify them, methods for analyzing types of latent crime, and policies to combat them. The relevance of the problem is determined by the need to develop a generally accepted idea of the concept and objects of both latent crime in general and its individual types. Modern programs and plans to combat crime, most commonly, do not provide for measures and methods aimed at preventing the latency of certain categories and types of crimes. Consequently, the subject of research is the criminological aspects of latent crime. We point out that a justified classification of latent crime is a classification according to which latency is divided into natural, artificial and also latency of borderline situations. We also note that the key criminological problem is not the complete eradication of latent crime, but the possibility of knowing it. In order to effectively counter latent crime, it is necessary to take measures to measure its level most accurately. In addition, we establish that the study of latent crime is not an insoluble problem, the insufficient elaboration of this problem is the result of the fact that the state is not ready to allocate the necessary amount of resources to resolve this issue.

The state (municipal) contract includes a balance of interests of the public customer and the commercial executor (organization, private entrepreneur, individual). The execution of a state (municipal) contract is understood as the proper execution by both parties of their obligations. It is very difficult to observe the principle of equality of the parties in these contractual relations, given the advantages of the customer as a representative of the state (municipal) authority. We analyze the problem of execution of state (municipal) contracts. The main objective of the study is to systematize the main problems faced by the parties in the execution of state (municipal) contracts, to propose solutions to the existing problems. We denote risks in the execution of state (municipal) contracts by the parties. We analyze the problems of ensuring the execution of state (municipal) contracts, from the stage of obtaining a bank guarantee to applying for a claim on it, using the example of judicial practice. Special attention is paid to the grounds for recognition of the state (municipal) contracts null and void. As a research task, we define an attempt to assess the negative consequences for the executor of a state (municipal) contract if the state (municipal) contract is recognized as null and void. Based on the analyzed problems of the execution of state (municipal) contracts, we propose a model for minimizing the negative consequences for the parties.

We point out that the danger is not the relapse of the crime, but the identity of the criminal, since the punishment for the person who committed the crime for the first time and the criminal who committed the crime again must be different, otherwise it would be contrary to the provision of the Criminal Code of the Russian Federation “Principle of justice”, which requires taking into account the degree of committed socially dangerous crime and the identity of the perpetrator. It is reflected that since 2012 there has been a revival of “special relapse” in some corpus delicti (Articles 131, 264.1, etc.). In addition, we clarify that, in a certain sense, relapse can also include corpus delicti with administrative prejudice, but their reflection in the Special Part of the Criminal Code of the Russian Federation contradicts the concept of crime (Article 14 of the Criminal Code of the Russian Federation), but directly on administrative prejudice in the General Part of the Criminal Code of the Russian Federation domestic legislator did not mention anything. We note that in the current legislation it is necessary to return to the use of the term “relapsed criminal”, since it is precisely the number and categories of crimes that indicate the public danger of the identity of the perpetrator. We also denote that the relapse of crimes does not increase the degree of public danger of a particular crime, but testifies to the public danger of the identity of the perpetrator committing a certain act prohibited by criminal law.

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

The relevance of the study is confirmed by the fact that extremism is one of the most dangerous phenomena in the security of the world community, which pose a threat to the whole society both with committed crimes and the destruction of generally recognized rules of morality, law and human values. We point out that in modern conditions the dissemination of extremist ideas is actively promoted by information and communication technologies, especially the Internet. It is emphasized that extremists have the opportunity not only to demonstrate their materials to a multimillion audience, but also to enter into discussions and uphold their ideas and views. The Internet is very promising for extremists. This study considers the benefits that the Internet provides in disseminating extremist information. We believe that the problem of the spread of extremist information on the Internet is especially perceptible to young people. Due to personal and psychological characteristics, this social group is very vulnerable, as they are easily imposed on the ideas and views of extremists. In the context of the active spread of extremism on the Internet, the regulatory framework for combating these crimes is extensively presented. We indicate some problems with the practical implementation of countering extremism on the Internet.