Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University

This article is devoted to the emergence, improvement and application practice of state environmental laws integral system, which determine the value degree, ways to protect natural areas and natural monuments. The authors analyze the key provisions of the fundamental power state regulations, which acted at different Russian history stages and tried to reproduce the regulatory paradigm of «state – society – nature» relations. The work formulates conclusions on the prospects for the development of domestic legislation in this research field.

December 19, 2023 Federal Law No. 273-FZ dated December 29, 2012 «On Education in the Russian Federation» was supplemented with a norm containing a ban on the use of mobile communication facilities by students during training sessions. Uniform and precise application of legislation in the field of education, respect for the rights of minors in this area is a special subject of prosecutorial supervision. The need for the Prosecutor’s office to pay attention to the implementation of this legislative innovation is primarily due to the task of ensuring compliance of local legal acts of educational organizations with the requirements of federal law. The article presents an analysis of the content of the imposed restriction, which makes it possible to determine the boundaries of its application, as well as to assess the legality of the interpretation of this rule at the level of legal acts of educational organizations. Any explanations at the local level of educational institutions must comply with the law and not distort its meaning. The article identifies those cases when the regulations concerning the use of mobile communication facilities conflict with the current norm of the Law on Education and, accordingly, require the use of prosecutorial response measures.

The development of new areas of medicine requires the modernization of legal regulation of all its components, including established approaches regarding the legal status of the patient. The result of medical activity is formed in the process of its implementation with the direct participation of both a medical professional and a patient. Considering that, among other factors, the behavior of a citizen himself can become the causes of a deterioration in health, the category of “patient responsibilities” acquires its own value in terms of analyzing the effectiveness of medical care and updating its legal support. To this end, the paper analyzes the main duties of the patient in the context of their legal nature and content, classifies them, identifies the legal and factual basis, and determines the legal consequences of the violation. The authors emphasize the influence of the institute under study on the dynamics of the relationships that develop in the implementation of medical activities and identify the essential differences between the basic duties of the patient and civil obligations. Conclusions are drawn about the need to apply an integrated approach to the reconstruction of the legal status of a patient in the context of the development of personalized medicine.

The article attempts to consider the consequences of a theoretical approach to criminal law prescriptions as axioms. The conclusions are disappointing. Firstly, the ambivalent attitude of the legislator towards these prescriptions is evident. On the one hand, the latter accepts them and puts them into effect, apparently considering them proven. On the other hand, he often does not coordinate some prescriptions with others. At the same time, a strange situation is created, which is characterized by the fact that there are several prescriptions, each of which is subject to application in the form in which it is formulated, but, in essence, contradict each other. Moreover, there is such a thing both within criminal legislation and in relation to its provisions of criminal procedure and penal enforcement legislation. Secondly, judicial practice clearly does not consider criminal law prescriptions to be axioms. The Plenum of the Supreme Court of the Russian Federation often clarifies them allegedly «in meaning», but actually changes the content and, in essence, changes the criminal law. Both do not comply with the principle of legality (Article 3 of the Criminal Code of the Russian Federation) and are the result of violations of the rules of legislative and interpretative techniques.

The article analyzes some issues of qualification of drug smuggling committed with the use of violence against a person carrying out customs or border control. The author concludes that for the purposes of article 229¹ of the Criminal Code of Russian Federation violence covers the entire scope of physical harm to health. The actions of a person who intentionally caused serious harm to the health of the injured person in the process of smuggling items provided for in Article 229¹ of the Criminal Code of Russian Federation, which caused his death by negligence, should be qualified according to the totality of crimes provided for in paragraph «b» of part four of Article 229¹ of the Criminal Code and part four of Article 111 of the Criminal Code of Russian Federation. In cases where the smuggling of items provided for in Article 229¹ of the Criminal Code of Russian Federation is committed with the threat of violence against a person carrying out customs or border control, additional qualifications are required under Article 318 of the Criminal Code of Russian Federation. If there was a murder of a person carrying out customs or border control, the deed should be qualified according to the totality of crimes provided for in paragraph «b» of Part 4 of Article 229¹ of the Criminal Code of Russian Federation and Article 317 of the Criminal Code of the Russian Federation.

The question of the adversarial nature of modern Russian criminal proceedings is one of the most controversial in science. The author adheres to the position that in modern Russian criminal proceedings, which remain committed to its continental European, that is, mixed model, inquisitorial (search) pre-trial proceedings are combined with adversarial judicial proceedings in criminal cases. Pre-trial proceedings are the activities of the state to form and substantiate charges for bringing them in court if there are grounds for this, or to refuse further criminal procedural activities in the absence of such grounds. The adversarial nature of the trial allows the court, with the active participation of the prosecution and defense, to establish the validity or unfoundedness of the state charge submitted to the court and resolve the criminal case. The opportunity for the defense to compete on an equal footing with the prosecution in court proceedings allows us to consider adversarial criminal proceedings to be its universal principle.

The right of a state to defend its sovereignty has always seemed to be something unshakable. At present, in the era of double standards and a new interpretation of the basic principles, some States convince the community of the fallacy of such an approach and the importance of following their guidelines. The adoption of the Law of the People’s Republic of China on International Relations with China from the position of internal rights from the people in matters of their sovereignty, the reason is stipulated at the same time, which obliges them to continue to have power and authority. The provisions of the law finally undermine the attempt to introduce any unilateral restrictive measures, such as lawful action and the provision of the right to retaliatory countermeasures.

The article is devoted to a comprehensive study of one of the means of judicial response to violations of legality by lower courts identified during the consideration and resolution of cases, namely special court rulings. The aim of the research is to analyze theoretical and practical problems arising in the issuance and enforcement of special court rulings addressed to representatives of the judicial authority, based on the norms of arbitration procedural legislation and judicial practice. The main attention in the research is focused on the legal nature of the special court ruling, the grounds for its issuance, as well as problems in the implementation and enforcement of special court rulings issued to the lower court. The author uses general scientific and special research methods, such as comparison, analysis, generalization and synthesis, formal-legal method. Based on the results of the research, the author substantiates the punitive nature of special court rulings issued to lower courts, and proposes some recommendations to the existing legislation: to establish the authority of the higher court to issue a special court ruling to the lower court officially; to eliminate duplication of grounds for issuing special court rulings and cancellation or modification of a court decision; to establish a written form of special court rulings; to establish the start of the deadline for the performance of the obligation to inform about measures taken under a special court ruling from the moment the special court ruling enters into legal force; to establish a judicial fine as a measure of liability for non-performance of a special court ruling; and also to expand the grounds for liability for non-performance of a special court ruling.