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The Phenomen of Law and Legislation: Strategies and Methods of Cognition

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Vol 2, No 4 (2023)
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STATE LEGAL RELATIONS

13-20 125
Abstract

The article discusses the problems of combating corruption, the main organizational measures aimed at preventing corruption, attention is paid to the personality of the corrupt criminal, and signs of corruption are identified.

21-26 95
Abstract

The Constitution of the Russian Federation and federal legislation enshrines the right to education in the Russian Federation and guarantees its receipt regardless of gender, race, nationality, language, origin, property, social and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Therefore, when preparing students for future professional activities as educational psychologists, it is important to develop in them multicultural competence and the ability to effectively interact with representatives of different cultures, to develop ethnopedagogic competence – knowledge about other peoples, about the national psychological characteristics of children, the ability to organize the pedagogical process taking into account these characteristics.

27-38 109
Abstract

Introduction. At the present stage of human development, the use of natural resources is constantly and systematically required. Today there is not a single natural object that would not be used by man. At the same time, the development of modern society is associated with the unavoidability of emissions of pollutants into the environment, but such an attitude to nature should have certain limits or norms (boundaries). In this sense, the main, as well as the most effective environmental protection measure is environmental regulation. Environmental rationing is a special research and regulatory activity aimed at substantiating environmental criteria for the quality of the natural environment and developing standards based on these criteria for permissible anthropogenic impacts, environmental norms and rules, applicable to all major forms of economic and other activities. Along with this, environmental regulation is the activity of specially authorized state bodies for the development, approval, implementation of environmental standards and ensuring their compliance by all subjects of environmental management. Some environmental norms assess the natural environment, others limit the sources of harmful effects on it and limit the use of natural resources. Activities aimed at establishing a system of standards for the state of the natural environment and standards for the maximum permissible impact on it are necessary for the effective implementation of legal nature protection by public authorities. This article analyzes topical issues of further improvement of the environmental regulation system in the Republic of Uzbekistan, as well as ways to solve existing problems in the field of environmental regulation.

Materials and methods. The study of the issue of environmental regulation of the legislation of Uzbekistan was carried out using generally accepted methods of scientific cognition, such as dialectical method, analysis, synthesis, concrete historical, logical, comparative legal, systemic methods and others.

The results of the study. The study analyzed the environmental legislation regulating the issues of environmental regulation in Uzbekistan. A number of national environmental problems existing in this area were considered, a comparison of legal formulations was made, the essence and peculiarity of environmental regulation were revealed, and the possibilities of its further improvement were substantiated.

Discussion and conclusion. Conducting legal research on this issue is very important because it enriches the system of environmental regulation with new ideas that can be used to improve national legislation. As part of our research, we tried to uncover a number of existing problems in the field of environmental regulation of the Republic of Uzbekistan. In particular, we prove the need to improve the system of environmental regulation in accordance with international legal norms, as well as the importance of their implementation in national environmental legislation. In turn, this will require the adoption of a number of sub-legal acts.

PRIVATE LAW PROBLEMS

40-45 112
Abstract

The article discusses the process and procedure for concluding a civil contract between an organization and an individual. The essential features and conditions of such an agreement are separately noted. The differences between a civil law contract and an employment contract are indicated. Based on the analysis of judicial practice and theoretical sources, signs have been established that make it possible to distinguish these types of contracts, create conditions for the mandatory conclusion of an employment contract instead of a civil contract.

46-51 85
Abstract

The article is devoted to the adjustment of private legal principles in the sphere of corporate governance. It is noted that the hierarchical nature of corporate governance is present not just at the level of actual relations, but is fixed normatively, i.e. it is not denied, but supported by the method of legal regulation. Corporate relations, namely their managerial part, involve in civil law a number of new subjects not belonging to the usual range of subjects for this branch of law – first of all, the bodies of a legal entity (general meeting, board of directors, executive body, audit commission, etc.). It would have been quite possible to consider corporate relations as part of any of the newly constructed branches of law or even to concentrate them in a separate branch. However, the decision of the legislator, expressed in the current wording of paragraph 1 of Article 2 of the Civil Code of the Russian Federation, means that in the structure of civil legislation there is an enclave in the status of a legal institute, where subjects not peculiar to civil law as a whole appear and, accordingly, significant deviations from the general principle of equality are allowed, which becomes another example of intrusion of public-law methods into the private-law sphere.

52-58 116
Abstract

The article examines the issues related to the specifics of the regulation of ownership of real estate. In particular, the features of the revival of the category of real estate in modern Russian law are considered. In addition, various signs of real estate have been analyzed.

59-67 66
Abstract

The article examines the current situation with atmospheric air pollution in three Caspian regions of Russia (Astrakhan region, the Republic of Kalmykia and Dagestan), analyzes federal and regional legislation on the protection of atmospheric air, identifies its advantages and disadvantages. It is proved that Russia’s transition to a green economy does not mean abandoning the development of industry, transport or energy, but entails their further greening (the gradual introduction of the best available technologies that reduce emissions of harmful substances into the atmosphere, the search for other means to ensure a balance of economic and environmental interests). It is noted that the problem of atmospheric air protection is most typical for the Astrakhan region and the Republic of Dagestan (to a lesser extent for Kalmykia), which led to the adoption of special laws in these subjects of the Russian Federation (Dagestan) or chapters in regional laws (Astrakhan) dedicated to the protection of atmospheric air. At the end of article, a number of provisions of the scientific legal doctrine are considered, which can be used to improve the legal regulation of air protection in the Caspian regions.

68-74 142
Abstract

The authors argue that the property claims specified in paragraph 2 of Article 1 of the Law on Digital Financial Assets constitute the essential content of the design of digital financial assets, whereas the design of digital financial assets itself is an innovative technology for fixing relevant property claims in information systems. The legal nature of the rights certified by the design of digital financial assets makes it impossible to apply to relations with digital financial assets such methods of protecting civil rights as self-defense, awarding duties in kind, compensation for moral damage, filing vindication and negatory lawsuits. The use of other methods of protection specified in Article 12 of the Civil Code of the Russian Federation in the framework of relations with digital financial assets implies the need for the owner of digital financial assets (his representative) to contact one or another competent authority with a requirement to compel the offender to behave appropriately. In certain situations concerning digital financial assets, such an appeal may be addressed to the Bank of Russia, which, although not a government agency, is nevertheless endowed with certain regulatory powers in the field of financial markets. As the most promising area of protection of the rights of holders of digital financial assets, the authors consider the development of mechanisms that allow to quickly identify an authorized person who has the right to make transactions with rights certified by the design of digital financial assets, as well as the introduction of restrictions on the disposal of rights certified by the design of digital financial assets, in case of receipt of an application for loss of access or if there is a threat of loss of access of the authorized person to the relevant credentials.

УГОЛОВНО-ПРАВОВЫЕ НАУКИ

76-84 130
Abstract

The article discusses the problematic aspects of the qualification of rape under the Criminal Code of the Russian Federation, which are explained by an abstract understanding of the helpless state of the victims, due to the lack of a clear definition in the law of “helpless state”. This problem allowed us to formulate the purpose of the study – on the basis of identifying and studying the types of helplessness of victims, to analyze and expand the definition of the helpless state of the victim, as well as on the basis of an analysis of the existing practice of committed crimes, using the helpless state of the victim, to make proposals for resolving controversial issues of qualification. Based on the analysis, the author notes that the legislator is on the side of unprotected victims, namely children who, due to age, are in a helpless state. Helplessness due to age is explained by the lack of experience and knowledge regarding the onset of possible negative consequences, which largely explains that they cannot fully understand the nature and significance of the actions performed with them. At the same time, the author examines the difficulties of qualifying the rape of minors and minors, using their helpless state, by a person who reached the age of fourteen at the time of the commission of the crime, but did not reach the age of eighteen (as part of the note to Article 131 of the Criminal Code of the Russian Federation). In this study, the author, based on the analysis of the note to Article 131 of the Criminal Code of the Russian Federation, notes the emergence of new problems in the qualification of rape, including the risk of violation of the principle of subjective imputation of guilt. The author makes recommendations on amendments to the current legislation in terms of conducting a comprehensive examination of the victim and the accused in order to prevent violations of the principle of justice of punishment and achieve the main goal – correction of the convicted person and prevention of new crimes. The practical significance of the study lies in the possibility of applying and using the conclusions, suggestions and recommendations formulated in it in lawmaking activities to improve criminal legislation; in law enforcement activities, including investigative and judicial practice; using the conclusions and provisions of the article in the educational process in the discipline of criminal law, as part of the study of the topic “Crimes against sexual integrity and sexual freedom personalities”.

85-92 138
Abstract

The article deals with certain issues of the implementation of operational investigative activities by law enforcement agencies. In particular, the historical analysis of the formation of bodies that are engaged in operational investigative activities is given. In addition, some issues of the legal status of bodies engaged in operational investigative activities are being investigated.

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ISSN 2949-1193 (Online)