Volume 18, Nº 4 (2021)

The article discusses the formation of legislation on higher education in Russia. The sphere of education is the most important condition for the spiritual, professional formation and development of the individual, the social well-being of society, political and economic formation of the state. An analysis of the historical and legal experience of regulating public relations is a prerequisite for building modern legislation in the field of education. The relevance of the study of the Russian features of legislation on higher education of the XVII-XVIII centuries is that modern social relations in the field of education are not fully regulated. This is evidenced by a range of legal problems. Particular attention should be paid to the legislative regulation of certain powers of participants in public relations in the field of higher education, by-law legal regulation, as well as the implementation of certain legal norms of the Federal Law of 29.12.2012 № 273-FZ. The need to resolve these problems updates the relevance of theoretical problems. The answer to the above questions is an analysis of the historical foundations of Russian legislation on higher education. In the pre-revolutionary Russia, sufficient experience in managing higher education, as well as regulating relevant social relations was in place. The completeness of the study of the subject of public relations in the field of education in the historical context is closely related to the analysis of the activities of Russian universities. The article considers the reasons for the appearance of educational institutions in Russia. The first domestic educational institutions appeared at the end of the 18th century - at a historical moment when the expansion of Western European ideas for organizing university education reached the Russian state. Russia had an urgent need to train specialists in the field of public administration - officials, theologians - to strengthen the Orthodox faith, teachers - to educate and promote morality. The authorization of the first regulatory and legal sources in the field of higher education was associated with attempts to create the Slavic-Greek-Latin Academy in Moscow. The revival of the ideas of education in Russia objec'tively accelerated the process of creating domestic educational institutions. The further development of legislation on higher education is associated with the implementation of new ideas about the establishment of universities under Empress Elizabeth Petrovna and Catherine the Great . In the final part of the work, it is noted that in connection with the creation of the first educational institution in Russia, the first normative legal act regulating legal relations in the field of higher education is published - "Privilege for the Academy." During the XVII-XVIII centuries Russian legislation on higher education contained personal regulatory legal acts. They were strictly targeted and regulated the activities of the educational institution, its officials, teachers, students, as well as other participants in academic social relations.

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

The modern domestic education system is developing and improving. At the same time, it often remains unprotected from various kinds of threats and dangers of a criminal nature. Of particular concern is the criminality of students, who, as practice shows, often commit illegal acts directed against other participants in educational relations. It seems that the formation and development of criminal policy in the field of prevention of all existing criminal phenomena in the field of education has an important preventive potential in this aspect. In this article, the author reveals the general and special principles of criminal policy in this sphere of public relations. The author refers to the general principles of legality, justice, humanism, equality of citizens before the law, democracy, as well as the principle of the inevitability of responsibility in the implementation of criminal policy. In turn, the special principles of criminal policy in the field of crime prevention in the educational environment include: the principle of matching tasks, powers and resources; the principle of the proactive nature of strategic decisions; the principle of scientific; the principle of complexity; the principle of compliance with morality; the principle of purposefulness; the principle of combining unity of command and collegiality. The analysis of the implementation of these principles has shown that at present, oddly enough, they are often violated during the implementation of criminal policy. However, the author believes that such violations are inevitable, since, in an effort to comply with one principle, the state to a certain extent violates the second one. In general, the criminal policy is reflected primarily in the existing normative legal acts. The analysis of these acts shows that at the present time a lot of attention is paid to the criminal policy in the field of education, but there is still no unified state strategy for the development of this area. The main goal of criminal policy in the field of crime prevention in the educational environment, according to the author, is to influence criminal phenomena by developing theoretical ideas aimed at countering and preventing crime. The author notes that the modern criminal policy of Russia is formed in two directions. The first direction is to improve legislation, and the second direction implies the formation and improvement of criminology, which reveals the nature of the grounds of crime and develops measures to prevent it. It seems that the development of these areas, as well as other scientific research in the field of criminal policy in the field of crime prevention in the educational environment, will contribute to the development of a unified state system for the prevention of all existing criminal phenomena in the field of education.

The relevance and novelty of the topic of the article is connected with the fact that for the first time the improved classification of the properties of human papillary patterns and their displays and the dynamic trend of expanding the legal base of fingerprint registration in the world are considered. The goal is to systematize the properties of human papillary patterns and their representations. General scientific and special methods were used. The analysis of the literature and the author's practice allow us to identify and consider the following properties of papillary patterns and their mappings, which were divided into three groups for cognitive purposes: their own properties, the properties of mappings, and the properties of the fat-rich substance of the human papillary pattern and its trace. For the first time, the properties of the poly-fat substance of the human papillary pattern and its trace are presented, which is important in view of the trend in the development of complex fingerprint examination. For the first time, the first and second groups are conditionally divided into four subgroups: for solving identification, diagnostic, classification and situational problems. For the first time, the third group is further conditionally divided into four subgroups: according to the interaction of the human body fat with the carrier object; according to the isolation of the human body fat trace; according to the dynamics of the preservation and contrast of the display of the fat-free substance of the human papillary pattern. On the other hand, the properties of papillary patterns themselves are divided into basic properties and properties for solving identification and non-identification problems, respectively. The author's definition of the following concepts is presented: "basic properties of human papillary patterns" and "properties of human papillary patterns", "basic properties of human papillary patterns mappings" and "properties of human papillary patterns mappings", "basic properties of human papillary matter" and "properties of human papillary matter", "basic properties of human papillary matter" and" properties of human papillary matter". This provides an opportunity for specialists and teachers to improve their cognitive and practical activities, and for those responsible and competent for the organization of examinations to consider creating a center for comprehensive fingerprint examination.

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions.