Current Issues of the State and Law

The object of study is the BRICS activities as a special format of multilateral interaction between states. We consider the theory of above-mentioned interaction and cooperation of countries, which are expressed in the implementation of a joint policy on a number of issues. The evolution of BRICS and its unification in the international legal space contributes to observance of common interests and views of BRICS participants on the problems of modern international relations, reflects the objective trends of world development and the formation of a multipolar system of international relations, ensures the interests of individual major state actors in broad international integration. The relevance of the issues under study lies in the fact that individual features of the international legal status of BRICS are investigated, which make it possible to effectively influence the challenges of modern world. The legal status of BRICS is fundamentally different from traditional legal approaches to international organizations and acting as a special subject of world politics, creating the most trusting conditions for interaction, BRICS focuses on other principles of world order within the framework of a new model of global relations.

We analyze the concept of legal awareness of citizens, its structure, significance for a particular individual and for society as a whole, ways to increase the level of legal awareness of the population, as well as the consequences due to an increase in the level of legal awareness. We cover the issue of excess information in the legal sphere, its causes and consequences. We consider the essence of legal information burnout, its signs, potential danger and impact, identified preventive measures and methods to combat this phenomenon. We comprehend the impact of excessive legal information on professional deformation and professional burnout of lawyers, we have determined the functional significance of excessive legal information to citizens to maintain the proper level of their legal functional literacy. The purpose of the study is to determine the relationship between the increased volume of legal awareness, information overload, legal information burnout and, as a consequence, the professional deformation of lawyers. We make an attempt to declare the existence of the phenomenon, which is conventionally called by the author legal information burnout. The study will be of interest to specialists in the field of jurisprudence, psychology, information technology, and may also be useful for other specialists and all those who are interested in the issues of this issue.

Emigration has been known to mankind for more than a century. We name the factors contributing to emigration, give examples from the history of emigration both abroad and Russia. We emphasize that at the present time, Russian citizens emigrate to other countries, using the right to freely leave the state, and can also have dual citizenship under Russian law, or renounce citizenship, and then get it again. We pay special attention to the settlement of the territory of North Caucasus, which began in the 8th – 7th –6th – 5th thousand BC. We analyze the features of emigration of people from North Caucasus after the October Revolution of 1917. The specifics of the emigration of people from this region of country are emphasized. Thus, the majority of people emigrated to the Ottoman Empire, and then moved to Europe. We indicate that in fact, after the adoption of the Decrees of the Central Executive Committee, the SNK of RSFSR in 1921, “On the deprivation of the rights of citizenship of certain categories of persons who are abroad” many emigrants from Russia, including North Caucasians, have become disenfranchised. This circumstance greatly influenced the publication of the Nansen passport (it was introduced in 1922 and became widespread in 1924), according to which emigrants were granted a number of legal and social rights. In addition, it is applicable to emigrants from Russia, including from the North Caucasus, in 1922 and 1926. The Geneva definition of “Russian refugee” was given, and the International Convention on the International Status of Refugees of 1933 created an alternative to naturalization for refugees from Russia. Subsequently, before the outbreak of the Second World War, people received, as a rule, the citizenship of the countries in which they began to live.

The relevance of this study is due to the fact that in the modern world, including Russian, law and order, a special mechanism of “anti-crisis regulation” is being transformed, which in the context of a pandemic has become heterogeneous, with a permanent convergence of the norms of private and public law. Proceeding from the fact that anti-crisis regulation is predominantly part of the state policy in a particular area, it is proposed to understand that the epidemiological crisis itself is the starting point for other crisis phenomena (financial, demographic and other crises), the prevention or reduction of the impact of which is the most important task of any state. We consider the relevant aspects of crisis management. We analyze the categories of countercyclical and pro-cyclical regulation, investigated the issues of fiscal policy. We pay attention to behavioral economics and the role of the state in its functioning. We note that the directions of spending budget funds in one way or another depend on the behavioral economy, which is not always manageable. We provide an analysis of the concept of “choice architecture” in the aspect of a “push” decision-making mechanism, in which a special role is assigned to the state. We emphasize the growing importance of financial programs to support small businesses or citizens wishing to become individual entrepreneurs, self-employed.

We present a legal regulation analysis of procedure for cutting down emergency trees and trees and shrubs located in the protected zone of the gas pipeline, which poses a threat to the safety and functioning of gas networks. The purpose of study is to determine the subjects and the procedure for cutting down emergency trees in the security zone of gas pipeline, as well as to assess the regulatory regulation of procedure for cutting down emergency trees in the security zone of gas pipeline, taking into account the balance of interests of gas distribution organizations, local authorities and citizens – owners of land plots. The research methodology is based on a systematic approach in the analysis of the legal regulation of the subject of research, formal legal, logical methods of cognition, which together ensure the reliability and validity of conclusions and proposals on the algorithm for solving the issue of cutting down trees and shrubs in the protective zone of the gas pipeline. We conclude that there is variability in the regulation of the elimination of emergency trees, taking into account such conditions as the location of the gas pipeline security zone (ownership of territory) and the owner of the land plot on which the trees are located. We state that the presence of tree plantations in the security zone of gas distribution networks is not prohibited by law, but there is a procedure for the owner of land plots and gas networks to remove trees that potentially pose a threat to the safety of the gas pipeline within the security zone. The legislation unambiguously determines that the person who is obliged to carry out work on cutting down trees and sawing off branches is the owner of the land plot. All work on cutting trees must be carried out taking into account the interests of the gas distribution organization, the owner of the gas pipeline and a real threat to the safety of the gas pipeline. We formulate recommendations for effective building of interaction between subjects interested in resolving the problems of finding emergency trees in the protected zone of the gas pipeline.

We consider the issues of origin and development of voluntary marriage principle, which is the basis of legal regulation of family relations in modern Russia. The purpose of the study is to examine the features of development of voluntary marriage principle of in Russian law. We use general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). We note that the voluntary nature of the marriage union is revealed through the freedom of marriage and freedom of its dissolution. The following stages are distinguished in the development of voluntariness principle: the pre-Christian period, the period after adoption of Christianity before the reign of Peter I, the period of empire, the Soviet and post-Soviet periods. We conclude that the development of voluntary condition was consistent and corresponded to the democratization of society. We note that the definition of the boundaries of the freedom of divorce in domestic law was of a fluctuating nature: from the tightening of divorce to its liberalization. We draw attention to the fact that the issue of divorce freedom legal regulation is to find the most optimal balance of the personal interests of spouses who are dissolving their marriage, their children, as well as society and the state.

We draw attention to the peculiarities of development of right to housing by police officers since 1718 (the official formation of the police) and indicate how this right was implemented until this year. Thus, until 1718, persons in the civil service, as a rule, consisted of boyars, nobles, etc., and they were provided with housing. The officers performing police functions were elected from black settlements, respectively, they did not have their own housing, so they were given official housing at their place of service. We emphasize that a new stage in the development of police began in 1718, when the post of the St. Petersburg General-Chief of Police was established. However, the relevant normative legal acts regulating the housing provision of employees were not adopted. It is indicated that in the 19th century, compensation was paid to police officers. At the same time, according to the Code of Laws of the Russian Empire in 1857, police officers could conclude a contract of employment, and subsequently, after the publication of the Law of June 23, 1912 “On the Right of Building”, the middle class was protected from taking a large payment from them. for housing. Attention is focused on the fact that after the October Revolution of 1917, in 1922, the Moscow City Council decided to release all employees of the Moscow police from paying utility bills. The right to housing was also ensured after the collapse of the USSR and the reform of the department, taking into account the adoption of the Federal Law of February 7, 2011 No. 3-FL “On the Police”.

We consider the negative impact of society on the environment, which adversely affects humanity itself. We emphasize the peculiarities of environmental crimes development in Russian law. We point out that the first legislative norms containing responsibility for environmental offenses date back to the middle of the 17th century, when the direct reflection of norms aimed at protecting nature from criminal encroachments begins. We note that the Extensive Edition of Rus’ Justice reflected responsibility for the theft of a number of animals, which in a sense can be attributed to environmental encroachments. It is emphasized that if responsibility for such acts was reflected in the Cathedral Code of 1649, then in the Military Article of 1715 it was absent. We note that in the first codified criminal law, adopted in 1845, under the name “Code on penal and correctional punishments”, acts encroaching on the environment were reflected, which was subsequently consolidated and developed in criminal laws as pre-revolutionary Russia (Criminal Code 1903), and adopted after the October Revolution of 1917, especially in the Criminal Code of the RSFSR in 1960.

We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial enforcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.

We consider the issues of the implementation of certain public authorities in relation to a future judicial dispute. We define the boundaries of use of additional evidentiary tools through the prism of the powers vested in other (non-parties in a particular court case) public entities. We substantiate the applicability of the general rule on negative admissibility, we highlight special cases when evidence previously obtained by an authority that does not have the status of a person participating in the case could still be submitted to a court case initiated on a dispute involving a public authority. The general logic of the proposed approach can be applied both to a procedural private opponent when he received “reinforcement” due to the actions of another authority, and can also be used for private law disputes. We conclude that the absence in the current Russian legislation of any norms that build intersectoral relations with regard to the institution of negative admissibility of evidence obtained by other authorities not only generates contradictions in judicial practice, but also in a certain sense discredits the adversarial judicial procedure itself and discourages public authorities, which begin to operate with special tools to combat socially dangerous acts in “ordinary” court cases.

We consider the legal characteristics of financial security. We point out that financial security is one of the components of Russia’s national security. We list internal and external factors that hinder the realization of national interests, including in terms of ensuring financial security. We take into account the provisions of the new National Security Strategy of the Russian Federation, which has recently come into force. In addition, the work shows the correlation between financial security and information security in terms of the dependence of modern financial institutions and instruments on the information and telecommunications component. Purpose of the study: conducting an etymological, doctrinal and legal analysis of such categories as security, information, financial security, as well as formulating the author’s definitions of the studied concepts. The methodological basis of work is based on such methods as the linguistic method, comparison method, method of complex analysis, as well as a number of special methods of scientific cognition: historical, linguistic, comparative legal, formal legal. At the end of research, we conclude that financial security occupies an important place in the overall system of national security, and provides benchmarks for achieving it.