Articles

The purpose of the article is to identify interbranch relations of social security law аnd criminal and penal enforcement branches of law. The article reveals the protective, functional and terminological relations of these branches of law. The author focuses on the issues of conflict-of-laws regulation of related intersectoral connections (on compulsory social insurance of convicts) in the field of penal enforcement law and social security law and suggests ways to solve them.

The improvement of administrative legislation reflects the ongoing changes in the public law sphere in Russia in the context of the information society. However, the legal regulation of the collection, creation, use and provision of restricted service information remains unresolved. In the course of democratic reforms and legalization of the processes of turnover of state-important information, the main attention of the legislator was paid to improving the legal regime of state secrets. Meanwhile, an analysis of the practice of state and local self-government bodies shows a high level of use of the legal institution of official secrets. The article considers the legal aspects of the legislation on official secrets and draws conclusions about the dominance of administrative law and the place of the institution of official secrets in the system of administrative law.

This article devoted to Rabkrin’s (Workers’ and Peasants’ Inspection) proposals to change the norms of the Soviet civil and criminal procedure in the end of 1920th. New materials are introduced that relate to the content of the Rabkrin's initiatives, as well as their implementation. The author concludes that Rabkrin’s inspection is very useful for correcting shortcomings of soviet pre-trial and trial proceeding. The issue about the role of People’s Commissariat of Justice of the RSFSR in reforming procedural legislation is considered.

The article attempts to consider ways to protect the state from internal and external threats using one of the methods established by law: administrative regimes of state security. The paper shows that the legal formalization of state security regimes during the periods when the tsarist government was struggling with terrorism that was taking on threatening in the last quarter of the XIX century and the revolution of 1905–1907. The article presents the development of legislation on state security regimes in Soviet Russia in the context of the civil war and the peasant uprising in the Tambov province.

One of the topical problems of compensation for environmental damage is the elimination of accumulated environmental damage (AED). These include objects of unauthorized disposal of waste of past activities, which currently do not have a proper owner. The negative consequences of AED are manifested in the form of the same harm as from current economic and other activities, and with the legal qualification of harm as accumulated, only the fact of termination of the activity as a result of which such harm is caused matters. The current owners of enterprises, who are not the cause of the accumulated harm from past economic activities, cannot be held liable for its elimination. The planned result of the work on the elimination of AED is to bring the physical, chemical and biological indicators of the state of contaminated areas in accordance with environmental quality standards. Modern legislation does not give a complete and unambiguous idea of the necessary actions to eliminate environmental damage from the facilities of the AED. In such a situation, the issue of the quality of the development of project documentation on the performance of work on the liquidation of the AED facilities seems to be especially relevant. The article is devoted to the analysis of regulations governing the development of such documentation.

Territorial public self-government is one of the most effective ways to involve citizens in the exercise of municipal power. It is a kind of foundation of local self-government, ensuring effective interaction of the population and local self-government bodies. For its correct understanding, the author offers a historical and legal analysis of the development of this institution. This paper examines the main stages of the development of territorial public self- government in modern Russia. The reference point is proposed in 1991, and the basis of the comparative analysis is the basic law on local self-government of each historical stage and the emerging law enforcement practice. The author notes the conceptually different approach of the legislator to territorial public self-government, including the legal status of its subjects, the powers of state authorities and local self-government bodies to legally regulate the organization and implementation of territorial public self-government at various historical stages. Based on the results of the analysis, the most urgent issues of further development of CBT are identified, the author concludes that it is expedient to legislatively consolidate the powers of state authorities of the subjects of the Russian Federation to establish additional measures of state support for territorial public self-government. Taking into account the geographical and spatial features of a number of regions, the expediency of returning powers to the subjects of the Federation on their own legal regulation of certain issues of the organization of territorial public self-government is justified.

The article examines the features of municipal strategic planning. On the example of the municipal formation (urban district) — resort city of Sochi, Krasnodar Territory, the issues of developing a strategy for the socio-economic development of the Sochi agglomeration, as well as prospects for interaction of municipalities with the federal territories are investigated. On the one hand, the strategy of socio-economic development, as a system of long-term priorities is a necessary condition for planning and development of the territory. The municipal strategy includes a package of projects (national, federal, regional), budget programs, business plans but often does not consider public opinion. On the other hand, the absence of a strategic document does not affect the development of the territory, since large investors (private and public stakeholders) implement business projects without informing the municipality. There is no legal provision for stakeholders to inform about the implementation of their plans. As a result, approved municipal strategies often suffer because of lack of large-scale investment projects or after significant changes in projects. Taking the example of Sochi, the “eternal” factor of competitiveness of the resort “sea, sun, climate” will work spontaneously and haphazardly, despite the significant multiplier effect of the tourism industry on the economy of the territory. To develop an effective tool for the development of the territory, which should be simultaneously a social contract, at the initial stage of developing a resort strategy, the main task will be to assess the competitiveness of the resort city in the domestic and foreign markets, develop a system of indicators of the competitiveness of the resort and regional tourism product.

The article deals with the criminalization of public apology (justification, glorification) for terrorism in French and Spanish legislation. The application of these provisions is analyzed in the light of the constitutional right to freedom of expression and the case law of the constitutional control bodies of these countries. The aim of such criminal prohibitions is to prevent the creation of an environment that nurtures terrorist ideology, and thereby creates risk (often very abstract) of committing terrorist crimes. On the one hand, this approach corresponds to States’ positive obligations to protect citizens from terrorist threats, but on the other, questions of the exceptional nature of criminal law (ultima ratio) and the disproportionality of restrictions on human rights are raised. As an early warning measure, the provision that establishes liability for public apology often does not require any consequences to take place (such as the commission of terrorist crimes or at least the creation of a real danger thereof). The same applies to intent to commit terrorist offences. These particularities, along with the excessive and indiscriminate application of those prohibitions in European States, make interpretation by constitutional authorities necessary. They are asked when and under what conditions the exercise of the constitutional right to freedom of expression becomes a crime.

The qualification of relations as labor relations is a reflection of the legal nature of the interaction of a certain kind in the performance of personal labor and is an important tool for protecting the rights and guarantees of employees. People employed in the gig economy often need such protection, given the similarity of their situation to that of traditional workers. In this regard, individuals who perform personal work within the framework of digital platforms make attempts to qualify (re-qualify) the relations that arise with them into labor relations. To some extent, the attempt to “fit” the relations under consideration into the framework of existing legal structures is a kind of compensation for the lack of an adequate legislative response to the ongoing socio-economic changes. The article distinguishes between the organization of labor management based on the civil nature of interaction on the performance of personal labor, which ensures the implementation of the interests of the subjects of such performance, and an illegal attempt to reduce labor costs and maximize profits by depriving employees of their rights and guarantees. The article considers various state measures aimed at eliminating fictitious self- employment, which reflects the negative aspect of new forms of labor management organization. The conclusion is formulated that in most legal systems, one of the main criteria for distinguishing between labor and civil law relations is the degree of control that the platform exercises over the gig employee, and the level of independence of the person performing personal work corresponding to this control. These features are closely intertwined with the study of the “entrepreneurial” nature of the activity of the performer of personal labor, including through the prism of the formation of economic dependence on the employer.

After 6 years from the start of the activity of the Court of the Eurasian Economic Union the practical necessity of making some changes and amendments to the Statute and Regulation of the Court seems to be obvious. It’s suggested that all changes and amendments could be divided into two big groups depending on how such amendments will be viewed by the member-states of the Eurasian Economic Union. A first group comprises measures aiming to expand subject matter and personal jurisdiction of the Court whose powers had been significantly and intentionally weakened by the members-states of the EAU from its very establishment. A probability of such amendments looks quite low as it depends on the readiness of the members states to re-evaluate the risks and concerns perceived by them which led to the limited jurisdiction of the Court. A second group consists of procedural and organization changes aiming to remedy omissions and weak places in the day-to day activity of the Court detected during first years such as lack of any time limits or improvement of appellate review. Such measures are not connected with expansion of the jurisdiction of the Court, so their probability seems more optimistic.