Articles

The key question of this article is whether legal claims and legal privileges (in Hohfeldian sense) are to be regarded as self-sufficient entities of their own, or they should be paired with other elements like legal powers. The basic thesis of the piece is that legal power is an indispensable element of a legal right of each and every type in private law. To demonstrate the viability of this basic thesis, the German concept of the so-called claim right (der Anspruch) in private law has been put under scrutiny. Various theoretical models of a claim right, as developed in the German private law doctrine, have been analysed (theories of B Windscheid, E. R. Bierling and A. Thon). All of them conceived claim right as inextricably connected with the legal power to dispose. Basically, the same is true of privileges (liberties in the Hohfeldian scheme of jural relationships), which, as the author thinks, cannot operate without legal powers.

Modern constitutional-law scholarship, paying considerable attention to the methods of interpretation of the Russian Federation Constitution, often bypasses the substantive issues of interpretation of constitutional concepts, usually pushing them into the field of legal technique. A large number of studies focus on the issues of constitutional terminology, i. e. on the external aspect of constitutional concepts, leaving aside their meaning and place in the system of constitutional regulation. Meanwhile, the proper determination of the content and scope of a constitutional provision depends directly on the interpretation of the concept that forms the basis of the constitutional norm. For this purpose, the Russian Constitutional Court, which is authorized to interpret the Russian Federation Constitution in an official and binding way, applies the method of autonomous interpretation, which involves interpreting constitutional notions in the system of constitutional provisions without limiting to the definitions given to them by the statutory regulation. This method of interpretation has not been thoroughly understood in the domestic constitutional-law science in relation to the activities of the Russian Constitutional Court. However, under the conditions of the increasing complexity of the system of legislation, as well as in connection with the participation of the Russian Federation in international organizations, the autonomous interpretation of the Russian Federation Constitution may be in demand in the practice of the Russian Constitutional Court.

Changes to regulations on dissenting opinions of judges of the Constitutional Court of the Russian Federation provoked a vivid discussion among the Russian legal professionals. It appears that arguments in this discussion are closely connected to approval or disapproval of constitutional judges’ dissenting opinions as such. The present paper attempts to discuss the legislative amendments regulating dissenting opinions of judges of the Constitutional Court from another perspective, namely through a comparative study of regulating of this sphere in dynamics, in Russia and abroad. For the aims of the study it is proposed to examine normative regulations on the right to dissenting opinion from “material” (right to dissenting opinion) and “procedural” (right to publish a dissenting opinion) aspects. The comparative analysis allowed identifying similarities and unique elements of the current legislation with that in foreign countries. Establishing requirements for contents of a judge’s dissenting opinion or to the form (style) of its expression can be regarded as relatively common. Yet, the situation where public expression of a dissenting opinion of a judge of a constitutional supervisory body is impossible while judges of general courts encounter no such limitation, is rather unique.

The teleological approach, which is based on comparing the obtained result with the set goals, is often used to determine the effectiveness of legal regulation of environmental relations. The correct formulation of goals in environmental legislation and taking into account a number of relevant factors affecting formulation of the goals, can increase the accuracy of determining the effectiveness of environmental legal regulation. The aim of the study is to establish the key characteristics of the goals of legal regulation of environmental relations, which lead to a correct determination of the effectiveness of the regulation. The task of analyzing the goals enshrined in the legislation in the aspect of identifying their clarity and unambiguity is set. The problem of the increased role of economic interests in the legal regulation of some social relations that are closely connected to environmental ones was raised. Because of this, the state of the environment is excluded from the overall assessment of effectiveness. There are shown examples of laws that are actually ecologized due to the essence of regulated relations and due to the presence of norms of environmental law in them, but in which are not goals that have bound to the regulation of the impact of economic or other activities on the environment. Some of the new institutions of environmental law are assessed as ambiguous in terms of targeting. It is emphasized that the goals of regulating of environmental relations are based on the concept of a favorable environment. It is concluded that environmental interests, if any, should be reflected in the setting of legal goals. The conditionality of goals by the existence of environmental interests, the clarity and transparency of their formulations, in their part, entail the correctness and completeness of determining the effectiveness of environmental legal regulation.

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.