Vol 9, No 2 (2023)

20 января 2023 года в зале заседаний Самарского университета состоялся всероссийский круглый стол «Клиническое образование в подготовке юристов», приуроченный к 20-летию со дня образования юридической клиники Самарского национального исследовательского университета имени академика С. П. Королева. В круглом столе приняли участие представители прокуратуры Самарской области, Управления Министерства юстиции РФ по Самарской области, Управления Судебного департамента в Самарской области, Самарской губернской думы, уполномоченного по правам человека в Самарской области, министерства социально-демографической и семейной политики Самарской области, Самарского регионального отделения Общероссийской общественной организации «Ассоциация юристов России», Палаты адвокатов Самарской области, ГКУ СО «Государственное юридическое бюро по Самарской области», а также руководители юридических клиник вузов Самары и Самарской области, Москвы, Санкт-Петербурга, Екатеринбурга, Нижнего Новгорода, Томска и АНО «Центр развития юридических клиник». 

In the article, the author examines the evolution of ideological dominants of post-Soviet Russia. First of all, the very concept of an ideological dominant is given as a complex of views and ideas officially recognized by the state, prevailing in the ideological activity of the state, political life and public consciousness. The symbiosis of ideological trends that have formed in Russia after the collapse of the USSR is noted, and changes in the dominant attitudes are traced. Thus, the turning points are called: the beginning of the 2000-ies, when liberal values begin to fade into the background before the idea of a strong state; 2014, as the moment of appearance of insoluble contradictions with the West, after the conflict in Donbass; 2022 - the beginning of the NWO and a direct confrontation with the West. In conclusion, the beginning of a new period in the evolution of ideological dominants and the formation of tendencies for a break with the Western paradigm of the country’s development are noted; implementation of the idea of protecting traditional values; building a multipolar world. The author sees the change of ideological dominants as a regular and natural process.

Currently, disciplinary responsibility plays an important role in the activities of employees of internal affairs bodies. The essence of disciplinary responsibility consists in the application by the employer (manager) to the employee (employee) of penalties in connection with the commission of a disciplinary offense by him. When using the term disciplinary responsibility, one gets an idea of its wider application in the labor relations of the civil service, rather than in law enforcement. However, this is not quite true. In this connection, the authors propose to consider this type of responsibility in the field of law enforcement service, namely, by the example of a structural subdivision of district police commissioners in the implementation of criminal procedural activities. The authors also proposed legislative changes, providing for a list of mitigating and aggravating circumstances in a special regulatory legal act regulating official activity in the internal affairs bodies, adding a separate legal norm.

The article considers the role of the prosecutor’s office in ensuring the legality of decisions of authorized authorities that allow interested parties (in particular, developers) to reduce the number of equipped parking spaces during the construction of apartment buildings in relation to the regulatory parameter provided for by the urban planning regulations of the territorial zone in which the developed area is located. The issue of lack of free parking spaces has always been one of the urgent problems of any metropolis. In this regard, the proper implementation of the law when issuing permits for deviations from the maximum parameters of permitted construction requires special attention from the prosecutor’s office. The article substantiates that these permits, despite the lack of clarity of legal regulation, cannot be accepted solely on the basis of the discretion of the authorized body, without establishing legal conditions. Sometimes compliance with the public procedure for discussing the issue of granting an appropriate permit is mistakenly considered as a sufficient basis for issuing it. Therefore, when checking the implementation of the law, the prosecution authorities should not be limited only to studying documents confirming compliance with the procedural regulations for the actions of the authorized body, but also evaluate the actions of the supervised person in terms of the completeness of the study by him of the presence of special characteristics of the land plot that do not allow fulfilling the regulatory parameter as required the number of parking spaces.

The article deals with the concepts of social partnership and social dialogue, reflecting the forms of legal relations of subjects of collective legal regulation. There are tendencies of further combination of private and public legal regulation of individual, collective and state interests of subjects of labor law. The normative-legal acts of international law and national legislation regulating relations in the social and labor sphere are analyzed. The point of view about the need for the existence of collective labor relations and their interaction with individual labor relations is investigated. The collective agreement should take a fundamentally important place in local labor regulation.

The development of science and technology gave impetus to the modernization of medicine and the formation of its new directions, based on the individual characteristics of patients. Personalization of medicine contributes to the expansion of the list of services that are complex in composition and nature. The article considers the integration processes of the two most important spheres of public life: medicine and social services, emphasizes their importance for improving the quality and taking into account the individual characteristics of the patient in the provision of medical care, and notes the importance of the consistency of legal regulation of both components. The category «social medical services» is analyzed in the aspect of personalization of medical activity, further trends in the development of legislation in the study area are identified, problems of legal regulation in terms of interdepartmental interaction between management structures, coordination and continuity of medical activity and social security, updates standardization of medical and social services for successful collaboration.

The article considers the problems of understanding and filling the stages of qualification of circumstances excluding the criminality of an act that have not received theoretical coverage. It is concluded that such stages are: 1) adoption and 2) consolidation of decisions regarding the provision of established factual circumstances by the relevant provisions of criminal legislation. Each stage is subjected to an independent analysis. The content of the first stage is recognized as mental activity, the result of which can be a positive or a negative decision. It is based on the signs of circumstances that exclude the criminality of the act, and it is characterized by a certain order. At the same time, the signs of circumstances excluding the criminality of the act are sufficient to distinguish these circumstances and are formulated in such a way that they exclude competition. Attention is drawn to the fact that the notes to a number of articles of the Special Part of the criminal legislation reflect special circumstances that exclude the criminality of the act, but they are not legitimized by the General Part. The content of the second stage is the objectification of the decision made at the first stage. Moreover, it is established that in criminal legislation the regulation of the second stage does not occur, and in criminal procedure legislation, the basis for refusing to initiate or terminate a criminal case and issuing an acquittal in the presence of circumstances precluding the criminality of the act is the absence of a crime event in the sense of not the absence of an event at all, namely a crime.

Information security is currently the «Achilles’ heel» for any state, since no one has absolute capabilities in this area, and there is no limit to perfection. Constantly improving technologies amaze the imagination, as well as those created as a response, not to mention the amount of funding spent on them. The article provides a brief overview of some provisions of Security Strategies in cyberspace of the main players in the modern confrontation, from which a disappointing forecast follows – the potential for the scope of military operations is expanding.

This article analyzes the general provisions and judicial practice regarding the issue of private rulings issued by the courts in accordance with Article 226 of the Civil Procedure Code of the Russian Federation, and also considers the main problems associated with non-execution of a private court ruling. A large number of scientific works of Russian and Soviet scientists are devoted to the problems of the institute of particular definitions. Meanwhile, the problem of nonexecution of particular definitions has not been given sufficient attention. The legislation of the Russian Federation is quite loyal to the issue of non-execution of private determination of the court. The procedure for bringing to civil procedural or administrative liability for violations related to particular definitions remains an unpopular legal procedure. The author revealed an unjustified differentiation in fixing the forms and procedure for the implementation of liability for failure to comply with a particular definition, as well as the inconsistency of the law in terms of establishing liability measures for the tort in question. The ways to solve these problems is to introduce the necessary clarifications into the current version of the Code of Civil Procedure of the Russian Federation, which will be proposed in this article.