
The journal «The Phenomenon of Law and Legislation: Strategies and Methods of Cognition» is a Russian electronic scientific journal publishing works on urgent problems of jurisprudence.
The journal is a periodical scientific publication revealing original fundamental scientific research in the field of Russian law, the state of modern law enforcement and evaluation of legislative projects, as well as scientific doctrine and practice.
The scientific online journal will provide an opportunity for researchers to publish the results of their own scientific and practical activities.
Current issue
АКТУАЛЬНЫЕ ПРОБЛЕМЫ ГРАЖДАНСКОГО ПРАВА
The article studies general theoretical and civilistic views on the debatable problem of the structure of a legal norm. The theoretical significance of this problem, which is the initial one for solving the questions about understanding of legal norm and its functional characteristic, is highlighted. The concepts of two-element and three-element structure of legal norm are considered. It is argued that the concept of three-element structure of legal norm is erroneous, because it does not correspond to reality, does not find theoretical justification and forms inadequate ideas about the functional characteristics of legal norms and their system-forming links in the system of law. The conclusion that the legal norm is always two-element and can exist either in the form of regulative norm, including in its structure hypothesis and disposition, or in the form of protective norm, including in its structure hypothesis and sanction is defended.
ЮРИДИЧЕСКИЕ НАУКИ
The article is devoted to the study of the precautionary principle in international environmental law, examines its historical development and modern legal discussions. The precautionary principle originated in Germany in the 1970s, and was aimed at preventing environmental harm even in the absence of complete scientific certainty about its occurrence. Subsequently, a number of international treaties and declarations began to develop this principle, starting with the UN Conference in Stockholm (1972) and the Rio de Janeiro Conference (1992). The author emphasizes that the lack of complete scientific certainty about future harm should not justify inaction in preventing it. Special attention is paid in the article to the application of the precautionary principle in the judicial practice of the International Court of Justice and specialized tribunals, its introduction into the legislation of the European Union, as well as its impact on the national legislation of Russia and other post-Soviet states. In Russia, the precautionary principle is not formally enshrined in law, but its elements are expressed through mandatory environmental assessment and the principle of presumption of environmental hazard of planned activities. Despite a number of successes in the implementation of this principle at the international and national levels, today there remain a number of problems related to the need for a clearer definition of its scope and the search for a balance of interests, criteria for assessing threats, the amount of harm, and causal relationships.
In the context of modern socio-economic and political changes, constant improvement of legislation in the sphere of state civil service is an urgent need, since discipline is one of the professional qualities of state civil servants, strict adherence to established service discipline should become one of the main duties of a modern state civil servant. This, in turn, creates the basis for the conscientious performance of official duties, compliance with ethical standards established by the government agency, the procedure for working with official information, as well as other rules related to the passage of the state civil service. The well-known Russian legal scholar D.N. Bakhrakh rightly emphasizes that the principles of staffing for the civil service are aimed at identifying the most competent and conscientious specialists, as well as at forming a productive, creative atmosphere and effective teamwork in government agencies in the interests of society. However, in the past, these principles were often not observed: when selecting personnel, a subjective approach prevailed, cases of protectionism and even corruption were often observed. This article provides a scientific discussion of the restriction of joint service of relatives in the state civil service, taking into account the study of some problematic aspects of this issue. From the scientific-theoretical and comparative-legal points of view, the author analyzed the most important issues that require regulation by the relevant regulatory and legal acts, namely, the positive and negative aspects of joint service of relatives, related aspects and proposals for their improvement.
Relevance. The implementation of the right to judicial protection is primarily associated with the activities of judicial bodies. The court has a special legal status that distinguishes its role and importance from the position of other participants in the proceedings. In practice, the implementation of the right to judicial protection involves the implementation of procedural legislatively regulated powers by all subjects of the judicial process. Judicial structures also have the appropriate powers, which characterize the legal status of the court and its specifics. At the same time, the insufficiency of the development of the most important aspects of judicial protection, its basis and content, implementation mechanisms dictates the relevance of the designated topic. The relevance of the topic is also facilitated by the presence of a small number of scientific studies in the part of distinguishing the right to judicial protection from other rights, including procedural ones. Purpose. The article attempts to outline the leading role of the courts in the field of human rights protection. General scientific and special legal research methods are used as methods. The materials are the current legislation, Resolutions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation. Conclusions: The court is the central element in the mechanism for the protection of human rights. As a state body vested with powers, the court has the right to issue generally binding legal acts. Judicial protection of human rights presupposes a procedural order that guarantees the observance of the rights of all participants in the process and interested persons. Such types of legal proceedings are constitutional, criminal, civil, arbitration and administrative legal proceedings.
This article is devoted to the analysis of the right to translation in criminal proceedings from the point of view of international (ECHR, ICCPR) and national (legislation of the Russian Federation) standards. The importance of this right for ensuring fair judicial proceedings is considered. It is concluded that there is a need to improve legislation and practical mechanisms to increase the effectiveness of protecting the linguistic rights of participants in criminal proceedings.
DIGITAL LAW
The article argues for the conclusion that the introduction of artificial intelligence into higher legal education will soon reach a new level, due to the emergence in 2024 of a new technology for interactive 3D conversational assistant (digital avatar). To study its possibilities, the authors used dialectical, comparative, logical methods and the method of system analysis. The article proves that the emergence of this new digital technology in the near future will lead to significant changes in traditional approaches to teaching law students. This will manifest itself in the emergence of new academic disciplines dedicated to the study of artificial intelligence, the formation of new competencies and changes in the teaching methods of legal disciplines. The article discusses in detail the technical parameters of the new technology, its superiority to the already used artificial intelligence technologies (ChatGPT). Practical options for its application have been identified, including giving lectures by a conversational assistant, using it in seminars, creating claims and contracts with the help of a special constructor, using a conversational assistant in the university admissions office, in a student law clinic, and conducting simple and complex legal consultations. Options for its use by legislative, executive and judicial authorities are being discussed, which will require additional training for students.