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Legal Bulletin of the Kuban State University

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No 2 (2023)
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THEORETICAL-HISTORICAL LEGAL SCIENCES

7-14 162
Abstract

Finding out the degree of study of the problem allowed us to determine the purpose and objectives of the study. The purpose of the article is to analyze the views of the neoconservative L.A. Tikhomirov on the issue of reforming the state structure of Russia in accordance with the provisions of the Manifesto of October 17, 1905, which defined the principles of the Basic state Laws of 1906 and implemented in political and legal reality. Its achievement requires, first of all, the solution of the following tasks: 1) attitude to the liberal theory and practice of state-building; 2) significant shortcomings of the Constitution of 1906; 3) characteristics of monarchical parties arising from L. Tikhomirov's concept.
As a result of the study, the following was determined. Criticizing the absolute monarchy that existed before 1906, he was more negative about the limited monarchy of the Basic State Laws of 1906, where the bearer of supreme power disappeared. He did not recognize the Constitution of 1906, because it did not meet national traditions and interests. L. Tikhomirov proceeded from the fact that the Basic Law, undermining the tsarist power, destroyed the Russian statehood, introducing into the state mechanism a legislative body alien to society (bicameral parliament) of power.
Conclusion. He was a supporter of the people's representation under the supreme power with advisory functions and proceeded from the fact that the supreme power is not a class, but a nationwide representation. Neither liberal parliamentarism nor socialist democracy were acceptable to Russia. It corresponds to an Orthodox autocratic monarchy with an indivisible Supreme Power, which acts as guarantors of effective interaction between the state, the collective and the individual.

PUBLIC LAW (STATE LAW) SCIENCES

15-24 241
Abstract

The aim of the work is to analyze the problems of applying administrative and preventive measures in the field of public health protection in the Russian Federation.
Based on the goal, the objectives of the study include an analysis of the classification of administrative and preventive measures in the field of public health in the Russian Federation.
Currently, there is an increase in the importance of administrative and preventive measures in the field of public health, which causes special attention to their classification, methods of application.
The fundamental conclusion of the article is that administrative and preventive measures in the field of health protection can be applied both in connection with the commission of an administrative offense and in connection with the commission of another illegal act, as well as implemented within the framework of control and supervisory measures, as directly related to health protection, and indirectly related to this field of activity. At the same time, a number of measures are of a “paired”, provisional and suppressive nature.

25-31 256
Abstract

The purpose of the study is to substantiate a vehicle with elements of artificial intelligence as a subject of an administrative offense, to determine the definition of this subject, to identify the subjects of administrative responsibility for offenses committed using a vehicle with elements of artificial intelligence, the need to determine their administrative and legal status as a participant in administrative proceedings offences in the field of transport and traffic.

As a result of the study, an analysis of existing approaches to the problems of a vehicle with elements of artificial intelligence and administrative responsibility for offenses in the field of functioning of transport and road traffic with the participation of this type of vehicle was carried out, and prospects for further development of administrative and tort legislation were proposed.

Conclusion: the legal definition of "vehicle with elements of artificial intelligence" as the subject of an administrative offense has been formed, ways of forming within the framework of the current Code of Administrative Offenses of the Russian Federation or the draft of the Code of Administrative Offenses of the Russian Federation, norms on the administrative responsibility of a vehicle with elements of artifcial intelligence, with the use of which an administrative offense was committed in the field of functioning of transport and road traffic, have been proposed.

32-38 224
Abstract

The purpose of this article is to analyze the legal status of self-employed citizens as subjects of tax legal relations. The study presents the main prerequisites, reasons and goals for the creation of the institute of self-employed citizens for the Russian economy. The designated goal predetermined the solution of the tasks of scientific research, which consist in the theoretical and legal analysis of the tax legal status of self-employed citizens, its content; in the study of the legislative basis of the economic activity of self-employed citizens; the study of the correlation of the legal status of self-employed citizens in tax law and other legal branches. 
The purpose and objectives of the work determined the methodology of this study, which is based on a number of methods, in particular: the method of dialectical materialism as a universal method of scientific cognition; general scientific methods (induction, deduction, analysis, synthesis, modeling, etc.); system-structural, logical, statistical as private scientific research methods; formal legal the method that occupies a central place in the methodology of this study.
As a result of the conducted research, the author formulated his own conclusions, as well as some problematic aspects of a theoretical and law enforcement nature. Thus, the article evaluates some intermediate results of the introduction of the institute of self-employed citizens. The features of the content of the legal status of self-employed citizens from the point of view of tax law are considered. It is shown that at this stage there is no clear idea of what the institution of self-employed citizens is, despite its rapid development for several years. Tax legislation contains only scattered and unsystematic norms on the legal status of self-employed citizens, which are inconsistent with the provisions of other branches of legislation that determine the place of such citizens in the system of economic and legal relations. This indicates the immaturity of the institution of self-employed citizens in Russia, which hinders the realization of its potential for the country's economy and does not allow the effective and massive introduction of new taxation measures against self-employed citizens.

39-48 227
Abstract

The purpose of the presented research is to substantiate religious activity as a subject of administrative and legal regulation of public relations, to determine the scope of public relations subject to public-managerial influence, to define the concept and types of public-managerial religious (confessional) legal relations.

The study revealed the terminological diversity of the concepts of religious relations and scientific approaches to their definition, the lack of a systematic analysis of the legal regulation of multidimensional relations arising in the process of interaction between the state and religious associations.

Conclusion: the author's definitions of state-religious relations and public-administrative religious (confessional) legal relations are proposed, a system of types of public-administrative religious (confessional) legal relations subject to administrative and legal regulation and protection is proposed.

49-54 175
Abstract

The purpose of the work is to identify the features of public law regulation of alternative methods of resolving administrative and legal disputes. The set goal is specified in the tasks: comparative legal analysis of the current legislation governing the use of alternative methods of dispute resolution; studying the modern practice of using conciliation procedures in resolving administrative and legal disputes.

The overall result of the study is the conclusions about the need to increase confidence in alternative methods of resolving administrative and legal disputes, unify their legal regulation in order to uniformly apply the resolution of administrative and legal disputes in court and out of court.

55-60 286
Abstract

Solving the problems of the formation of the judiciary, its quality is relevant not only for Russia, but also for other developed countries, including, first of all, such an important strategic partner and neighbor of the Russian Federation as China, which, like Russia, belongs to the Romano-Germanic system of law, widespread, in particular, in Mainland China.

Despite the fact that the judicial systems of Russia and China have their own peculiarities related to the historical development of each of these states, China's law-making and law enforcement experience in the field of appointing judges and terminating their powers is very important and interesting for Russia.

PRIVATE LAW (CIVIL LAW) SCIENCES

61-66 239
Abstract

The aim of the work is to highlight the little-studied issue of sports liability, or rather, the nature of this type of liability, which, of course, is of a legal nature. It cannot be said that this is an absolutely new phenomenon in domestic jurisprudence, but it is so little studied that it is sometimes difficult to give it a proper theoretical and practical assessment. An attempt has been made to show the place of sports responsibility in its relation to responsibility in sports.
The objectives of the work include illustration and analysis of theoretical studies using non-standard terminology "sports responsibility".
Due to the fact that responsibility in sports can have its own specifics in various branches of law, the achievements of various branch theories of public and private law are used.
The thesis is proved that in a number of cases it is necessary to separate the concepts of "sports responsibility", which is of a corporate nature" and "responsibility in sports", which can be of a classic industry nature.

CRIMINAL LAW SCIENCES

67-77 211
Abstract

Information is an important tool in determining the capabilities of a person in any field of his activity. The receipt of information, as well as its processing, occurs constantly. Access to information in criminal proceedings can be viewed from a very broad perspective: from the powers of the investigator to obtain information in the course of procedural activities, to jurors receiving information from the parties during the trial.

A separate form has access to and receipt of information by participants in criminal proceedings who are directly or indirectly interested in its outcome. The rules of this procedure do not always meet their needs and in some cases become an obstacle in the exercise of procedural rights and in the protection of legitimate interests. Attention is drawn to the scale of erroneous law enforcement, which leads to violations of the rights of interested persons. No less important is the fact that in some cases, citizens also try to abuse their procedural capabilities, creating obstacles in the legitimate activities of criminal prosecution bodies. Most often, such problems arise at the stage of familiarization with the materials of a criminal case at the end of the preliminary investigation, although some difficulties are associated with familiarization in its process.

It seems that the unsatisfactory situation in the field of knowledge in criminal proceedings is a consequence of unresolved problems, both fundamental (including conceptual) and applied (procedural) nature.

Taken together, these circumstances determined the relevance, theoretical and practical significance of this study.

The purpose of this study is to form the author's position on the concept of familiarization with the materials of a criminal case, the definition of its essential features. Research objectives: theoretical analysis of the grounds for familiarization with the materials of a criminal case in criminal proceedings; identification of essential signs of familiarization; empirical study of the problems of familiarization with the materials of a criminal case at the end of the preliminary investigation; formation of types of awareness; the proposal of the author's vision of the essence of familiarization with the materials of the criminal case and ways to solve individual problems of familiarization with the materials of the completed criminal case. Research methods: dialectical, systemic, formal-legal, logical, analytical, synthetic, generalization, hypothetical. Results: the main result of the undertaken research was the author's definition of the concept of familiarization with the materials of a criminal case based on the addition of a list of its essential features and its form.

78-87 230
Abstract

In modern realities, the use of a sociological approach to study the norms and institutions of international criminal law seems to be very relevant and promising. The purpose of this article is to substantiate the proposition that such an approach makes it possible to identify the positive and negative consequences of the actions of these norms and institutions for the world community, as well as to assess their legitimacy, qualitative characteristics, and effectiveness. The achievement of this goal is facilitated by the solution of tasks that, in their totality, ensured the synthesis of international criminal law and sociology, which created positive knowledge about social facts or patterns due to the actions of criminal law to ensure global security and international law and order in general. The study of verified and time-tested doctrinal provisions of sociology and international criminal law was carried out on the basis of the basic laws and categories of dialectics. The use of philosophical, general scientific and special scientific methods allowed the authors to gain new knowledge about the object, subject, tasks and functions of the sociology of international criminal law, and the scientific community - the necessary evaluation and analytical material for making productive geopolitical decisions.

Based on the results of the study, the conclusion is formulated that this sub-branch of scientific knowledge, on the one hand, should play a general theoretical role, embodying the doctrinal status of the sociology of international criminal law, and, on the other hand, by means of empirical methods to determine the social conditionality and effectiveness of the criminal law prohibition in the field of protection of the rights, freedoms and interests of the world community at the planetary and regional levels. 

88-93 695
Abstract

The purpose of this article is to determine the role and place of other documents in the system of evidence in the Russian criminal process. To solve the tasks set, the authors present various points of view of representatives of science on this issue.
As a result of the conducted research, the authors formulated their own conclusions, as well as some problematic aspects of a theoretical and law enforcement nature. A new construction of Article 84 of the Code of Criminal Procedure of the Russian Federation is proposed, which allows to harmonize the concept of other documents and define clearer criteria for the admission of such evidence in the Russian criminal process



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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)