No. 5 (2020): Russian Law: Education, Practice, Research. 2020. № 5

LEGAL BASIS FOR GENOMIC RESEARCH

Semyakin M. N.

Civil Regulation of Relations Connected with the Use of Genetic Engineering Technologies in Agricultural Production

The article discusses general conceptual approaches to the problem of applying genetic engineering technologies in agriculture, as well as civil law aspects of regulating relations connected with the use of genetically modified organisms (GMOs) in the production and sale of agricultural products, liability for the unauthorized use of GMOs and causing harm due to this, ensuring proper protection of the rights and legitimate interests of consumers in this area. It is noted that scientists and practitioners express opposite opinions about this problem. Some are supporters of the application of genetic engineering technologies in the field of agricultural production, while others consider these technologies dangerous to human life and health and to ensuring a normal state of the environment.

The regulatory legal framework governing relations connected with the use of genetic engineering technologies and the law enforcement practice of the Russian Federation are analyzed. In order to improve the legislation, it is proposed to supplement and clarify some norms of the Civil Code of the Russian Federation. The methods used in the paper include historical-legal, logical-legal, systemic-structural, interdisciplinary legal, system analysis method.

Keywords: conceptual approach, civil law relation, contract, technical regulation, agricultural products, responsibility, guilt, beginning of infliction, genetically modified organisms, genetic engineering, consumer protection

 

Vladimirova D. S.

Analysis of Judicial Practice in the Field of Genomic and Genetic Research Including Legal Positions of the ECHR and Practice of Russian Courts

Due to the rapid development of research in the field of genomics and the proportionally growing number of legal issues in this area there is the need for the comprehensive legal regulation of this field. At present it is judicial practice that allows to identify the most urgent problems arising in the legal regulation. This paper presents the analysis of the core cases of the European Court of Human Rights in the field of genomic and genetic research (Parrillo v. Italy, Evans v. the United Kingdom etc.).

Main positions of the ECHR in the following areas are identified: the determination of legal regime of objects of genetic and genomic research, in respect of which its own separate legal regulation should be established that takes into consideration the specificity of such objects (these include genetic and genomic information, biological materials, human fetus); the search of balance between private and public interests in defining the limits of genomic and genetic research implementation, the balance which should be established in each case, and also with the use of general principles of law. It was concluded that in the adjudication of cases not only public-legal means of defense, but also private-legal ones can and should be used.

Keywords: genome, genomic research, genetic research, genomic information, genetic information, human rights, public law, private law, legal regime

 

Tishchenko V. V.

Some Questions about the Tax Benefits for Organizations that Invest in Genomic Research

The role of the tax system in stimulating investment activity is examined in the paper. Postnonclassical scientific rationality requires huge financial expenditures from researchers to make scientific discoveries. The society should benefit from financial investment in relevant research.

The article emphasizes the role of the tax system as a stimulus for scientific progress. The author focuses on finding a balance between the budgetary system of the Russian Federation and tax benefits for companies investing in genetic research. Attention is drawn to the instruction of the President of the Russian Federation on amendments to fiscal legislation providing for the possibility of including technological partners of the Federal Scientific and Technical Program for the Development of Genetic Technologies for 2019–2027 in the cost structure accounted for determination of the tax base for corporate income tax and the amount of investments for the implementation of this Program. The author concludes that there is a need for an integrated approach to the provision of tax benefits to companies investing in genetic research.

Keywords: genetic research, corporate income tax, tax benefits, tax system, legal regulation

 

CONSTITUTIONAL LAW

Kuznetsova S. S.

The Right to Anonymity on the Internet: Current Issues of Implementation and Protection

The rapid development of digital technologies necessitates legal regulation of new forms of legal relations, improvement of legislation in the field of ensuring the implementation and protection of human rights, as well as the establishment of legal restrictions in order to ensure security in the Internet space and to protect national interests. Anonymity, as a natural phenomenon in the digital space, has not yet received the necessary scientific and legal assessment, and therefore is subject to only selective and often inconsistent legal regulation.

The aim of the research is the formation of the concept of anonymity as a separate right and its delimitation from other related rights. Using the comparative legal method and analysis, we assessed the constitutional legislation and practice of various foreign countries in the field of anonymity, using the modeling method we formulated the concept of the right to anonymity, including identifying such powers as pseudonymization, the choice of persons to whom the subject of law discloses his identity, the ability to demand non-disclosure of information about your identity to third parties. It is concluded that there are prerequisites for the recognition of the right to anonymity, however, for now there is a lack of mechanisms for legal protection of anonymity, which makes its implementation impossible.

Keywords: right to anonymity, Internet, right to protect personal data, anonymization, exercise of the right

 

Nechkin A. V.

The Procedure of Election and Early Termination of Powers of Heads of States in the Commonwealth of Independent States in the Light of the Latest Constitutional Reforms

Using the comparative legal research method, the author examines the procedures for the election and early termination of powers of the presidents of the CIS countries. Special attention is paid to the impeachment procedure.

The following conclusions are made. Firstly, in a democratic state, which absolutely all the CIS countries have chosen as their ideal, one person should not be able to stay in the position of head of state for more than a fixed deadline known to the voter in advance, including in a situation of possible re-election. Secondly, the constitution should present a complete list of qualifications that a candidate for the presidency must comply with. Thirdly, only political parties should have the right to nominate candidates for the presidency, which will bring a certain order to the immense sphere of activity of non-profit organizations. Also, in the framework of self-nomination, a filter is absolutely necessary, the most democratic one is collection of signatures of a certain number of voters, which can be supplemented, but not replaced by an oligarchic pledge. Fourth, the procedure for the early termination of powers of the head of state should be regulated in detail if it is impossible to fulfill his duties for health reasons or other reasons, as well as a workable procedure for impeachment, especially if the head of state has a large amount of power in the functional sphere of the executive power.

In addition, according to the results of the study, the author proposes amendments to Russian legislation.

Keywords: Commonwealth of Independent States, CIS countries, president, head of state, impeachment, elections

 

Golovkova A. Yu.

Execution of Court Decisions Taken by the Bodies Exercising Normative Control within the Citizens’ Rights Protection Mechanism

In Russia, the rights and freedoms of citizens determine the essence, meaning and implementation of laws, which are the result of the rule-making function of public authorities. However, even the potential case for a «rule-making mistake» raises the issues related to the availability of effective ways to eliminate such mistakes. In the Russian Federation, the mechanisms of the normative control taken by the courts are regarded as effective ways to protect the rights of citizens from «low-quality» legal acts and to eliminate the consequences of its implementation. The most important indicators of their effectiveness are the quality and timely execution of such court decisions. At the same time, citizens face problems caused by the «imperfection» of both legislation and law enforcement within the process of executing court decisions itself.

The aim of the article is to analyze modern legislation on the ways of executing decisions of judicial bodies exercising normative control, the legal rulings of the highest judicial bodies, identifying problematic issues faced by citizens, as well as developing proposals aimed at improving legislation in this sphere. In particular, the article analyzes the rule-making and law enforcement methods of executing decisions of the judicial bodies, exercising normative control in the Russian Federation. The correlations between such bodies that affect the effectiveness of protecting the rights of citizens are revealed. The foreign practice of solving certain issues of the execution of court decisions is analyzed. In conclusion, the necessity of prompt intervention of the legislator in the regulation of the mechanism of execution of court decisions of the bodies exercising normative control is justified.

Keywords: execution of court decisions, normative control, constitutional control bodies in the Russian Federation, rights and freedoms, rule of law

 

THEORY OF STATE AND LAW

Ponomareva E. V.

Law as a Value in Modern Society

The article explores the philosophical understanding of value and its impact on the formation of ideas about the social value of law and the legal values. The process of revaluation of values, begun by F. Nietzsche, then the total deconstruction and denial of values, continued in postmodern philosophy, and then the reconstruction represented by metamodernism, is shown. It is noted that the debunking of values ​​as such within the framework of their philosophical understanding affects the social and professional consciousness of the researcher, and contributed to the development of normativism, analytical jurisprudence and the post-non-classical theory of law where law is not understood as the greatest social value.

The author suggested possible evidence of the value of law in modern society, based on its objective features; thanks to this, higher ideals receive an indisputable opportunity for implementation, transferring them from the field of feelings and emotions to the field of social relations. The article also shows the mechanism for translating social values into compulsory legal requirements through appropriate tools – legal principles.

Keywords: social value, value, formal certainty of law, legal principles

 

ENVIRONMENTAL LAW

Kruglov V. V., Pel’vitskaya E. P.

On the Relationship between Land and Water Legislation in the Water Fund Land Management

The article deals with the issues of legal regulation of the turnover of land plots with surface water bodies located within their borders on the basis of the modern water and land legislation. The analysis of judicial practice allowed to identify the most controversial issues of attribution of a surface water body to a pond or a watered quarry on the one hand, or to a reservoir, on the other hand, on the basis of isolation from the other water bodies, which ultimately affects the legal regime of the land plot under such objects. In addition, the restoration of the Russian Federation’s ownership of land plots with surface water bodies located on them is also aimed at ensuring the interests of citizens to use public water bodies and their right to a favorable environment.

The authors propose improving land legislation in terms of assigning land plots to a certain category of land based on the intended purpose and permitted use. These changes are aimed at improving the efficiency of protection, use and turnover of land plots within the boundaries of which there are surface water bodies.

Keywords: land plot, surface water object, land category, purpose of land plot, water fund lands

 

 

Karpukhin M. Yu.

Criminal Law Protection of Objects of the Animal World

Amendments to the Constitution of the Russian Federation adopted in July 2020 regulate the responsible attitude of the population to animals, the same is established in the Federal laws of April 24, 1995 № 52-FZ «On the Animal World» and of December 27, 2018 № 498-FZ «On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation», etc.

In the article, the concepts of the animal world and objects of the animal world are studied.
The correlation of the concepts of animals in general and objects of the animal world as a whole and part, respectively, is analyzed. The legal status of objects of the animal world is studied from the point of view of the civil legislation of the Russian Federation, according to which all animals, despite their animativeness, are equated to things. The author analyzes the criminal law protection of animal world objects in the Russian Federation in two aspects. First, an animal (including an object of the animal world) that is equal in status to a thing can be the subject of crimes as a thing (for example, being stolen). Secondly, according to the Criminal Code of the Russian Federation, the object in the form of a representative of the animal world object is a mandatory feature of the optional side of the object of crime.

A conclusion is made that the life and health of animals in the current criminal law of Russia are not the main (direct) object of criminal law protection, but often act as an additional object, which, in the author’s opinion, contradicts the constitutional norms of the Russian Federation and requires adjustments to criminal legislation.

Keywords: animal world, protection of animal objects, legal status of animals, animal cruelty, environmental crimes

 

LEGAL EDUCATION

Osintsev D. V., Barakovskyh S. A., Sidorov S. G.

Administrative and Legal Means of Service Deontology in Educational Organizations of the Ministry of Internal Affairs of Russia

Deontological norms and codes of conduct for police officers are the most important social and ethical institution, since they set moral guidelines in official practice when performing professional tasks, especially in non-standard or extreme situations. Due to deontological norms, the behavior of members of the professional law enforcement community is brought into due compliance with accepted patterns, norms and standards. The study of the administrative responsibility of a police officer should take into account his professional status and the stage of his professional training for the performance of his official duties.

The issue of legal consequences of violation of the Oath by a law enforcement officer requires a separate study. Such an act is an absolute misdemeanor of an employee and a violation of official discipline. Integrated educational activities, in particular the adoption of the Oath in a solemn ceremony following the code of honor of the student (listener) of the University of the MIA of Russia, development of its distinctions (for example, «Alma Mater – Loyalty») create the main moral and legal values of service activities, form the moral basis of the exercise of their duties to ensure public security, law and order for the benefit of Russia.

Keywords: professional education, upbringing, legal deontology, administrative and legal features of the implementation of the practice of service deontology

 

THE VIEW OF YOUNG LAWYERS

Safaraliev F. M. o.

Problems of Law Enforcement in the Execution of Individual Business Contracts

In recent years, researchers have significantly increased their interest in studying the problems of legal regulation of business contracts. The legal regulation of relations in the field of business contracts is not perfect, as evidenced by a large number of court disputes and the lack of uniformity in judicial practice when considering similar cases. The purpose of the research is to analyze the essence and features of business contracts in Russian civil law, as well as to identify problems of legal regulation and formulate proposals for improving legislation. The methodological basis of the work is a dialectical approach. The main specific scientific methods are logical-legal, comparative-legal, formal-legal, system-structural, statistical.

The author studies law enforcement in the execution of sales contracts, commission agreements, agency contracts. Some problems in this area are highlighted. In particular, when concluding a sales contract, the rights of buyers are violated in terms of failure to provide them with information about the manufacturer (seller) of the goods and about the goods themselves; the issue of the moment of conclusion of individual sales agreements and the emergence of the buyer’s right of ownership to the goods, etc., has not been resolved. It is noted that the Civil Code of the Russian Federation does not establish special rules governing the form of the agency contract, nothing is said about whether it is necessary to draw up acts of acceptance and transfer in confirmation of the execution of such a contract, etc.

Keywords: Civil Code of the Russian Federation, corporate law, sales contract, intermediary agreement, contract of assignment, consumer