Articles

The article is devoted to the division of the categories "absoluteness" and "relativity" in the theory of legal relations. In our opinion, the main purpose of such division arises from the existence of socially significant relationships that develop, in the first case (absolute rights), between a particular person and other persons, in the second (relative rights) — between specific persons. As a result, the author concludes, that the relative legal relationship is not exhausted in its action between direct participants, but to some extent has an “absolute” effect in relation to other persons.

The article extends the cycle of works on the problem of sovereign immunity in English law. The author assumes that vagueness between absolute sovereign immunity doctrine and due process in English law leads to the change of interpretation of “The King Can Do No Wrong” doctrine. The Crown Proceedings Act 1947 was adopted in order to preserve the fundamental principles of the British constitution and implement separate grounds for claims against the British sovereign. This part of the research reveals why the absolute doctrine of sovereign immunity was replaced by a restrictive approach in the light of adoption of The Crown Proceedings Act and judicial review in The Porto Alexandre (1920) and The Philippine Admiral (1973) precedents.

From the standpoint of the system-activity approach, the place of lie in the structure of forensic cognition was considered. The first of two related articles explores the characteristics of lying as the object of forensic cognition. According to the concept of a lie as a communication of information, committed in order to mislead someone, the dynamic structure of forensic knowledge was analyzed. The author concluded that the study of a lie in the process of this activity can pursue the task of proving the circumstances of the commission of a lie, as well as overcoming it.

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.