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Monitoring of the principles of awards law of the Russian Federation subjects

Objective: to assess the state of legal regulation of award relations in the Russian Federation subjects and to develop measuresto improve it.Methods: the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and the specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state.Results: the knowledge about the legal regulation of award relations in the Russian Federation subjects is systematized; the features of the legal regulation of the higher official (state) regional awards system formation and application by the legal norms of the Russian Federation subjects are identified. Typical shortcomings of the constitutional and legal regulation of award relations in individual Russian Federation subjects are revealed: on the one hand, the lack of consolidation of the regional awards institution within the constitutional (statutory) legislation, and on the other hand, excessive detailing of award relations in regional constitutions and statutes, which is to be reflected in the norms of special regional award legislation. Measures are proposed to eliminate the identified shortcomings and improve the constitutional and legal regulation of award relations in the Russian Federation subjects.Scientific novelty: for the first time in the Russian legal science, a monitoring study of the principles of award law of the Russian Federation subjects was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions.Practical significance: the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects to improve the legal regulation of award relations

Deprivation of a departmental award of the judicial system of the Russian Federation as a kind of punishment for a corruptive deed

Objective: to improve the legal regulation of punishment in the form of deprivation of departmental awards of the judicial system of the Russian Federation for corruptive deeds committed by the awarded persons.Methods: the methodological basis of the study is the dialectical method of cognition and the general scientific (historical, logical, systemic) and specific scientific methods (grouping, analysis, synthesis, comparison, interpretation, etc.) based on it. Results: based on the comparative-legal research of departmental normative legal acts regulating the awarding with official awards of the judicial system of the Russian Federation, the author describes the awarding policy of the judicial system: the grounds and specifics of awarding with departmental and other official awards; the subjects and objects of award relations; the social consequences of awarding; the features of deprivation of departmental awards, including for corruptive deeds. Based on the study, it can be ascertained that the legal regulation of deprivation of departmental awards of the judicial system of the Russian Federation has a number of significant contradictions that should be eliminated. It is necessary to systematize the law on awarding of the judicial system of the Russian Federation, as a result of which there would be established uniform requirements for awarding individuals and legal entities with departmental awards, as well as depriving them of the awards for corruption and other deeds.Scientific novelty: for the first time in the Russian legal science, anti-corruption measures are proposed using the norms of the award law of the judicial system of the Russian Federation, namely, punishment in the form of deprivation of departmental awards of persons guilty of corruption. Practical significance: it is proposed to improve the norms of the award law of the judicial system of the Russian Federation for more effective corruption counteraction by using punishment in the form of deprivation of departmental awards of persons who committed corruptive deeds

Monitoring of legal regulation of award relations in the Russian regions. Part 1

Objective: to assess the state of legal regulation of award relations in the Russian Federation subjects and to develop measures for its systematization and improvement.Methods: the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state.Results: based on the analysis of more than 500 normative legal acts of the Russian Federation subjects, knowledge about the legal regulation of award relations in the Russian regions was systematized; specificity of the legal regulation related to the formation and application of the system of the highest official (state) regional awards of the Russian subjects was revealed, namely: the lack of uniformity in the establishment of regional awards, their hierarchy and procedures for awarding them, which indicates the need for systematization of regional award law. Assumingly, the systematizing element of award law in the Russian subjects is the adoption by their legislative bodies of complex (basic) laws on awards, which would consistently set out the issues of the regional awards establishment, their hierarchy, types, procedures for recommending and awarding with them, as well as the powers of regional bodies to implement these laws.The territorial scope of the study is limited to the Russian Federation as of September 30, 2022, before the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions, which established their regional awards, became part of it. The time frames of the monitoring study are limited to the period from 1991 to February 10, 2023.Scientific novelty: for the first time in Russian legal science, a monitoring study of the award law of all subjects of the Russian Federation was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions and, if necessary, improving the system of regional awards and other incentives for positive lawful behavior.Practical significance: the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects in improving regional award legislation, establishing official regional awards and systematizing the legal regulation of award relations. The conclusions of the conducted research enable to eliminate contradictions between the norms of award law and the norms of other regulatory legal acts

Monitoring of legal regulation of award relations in the Russian regions. Part 2

Objective: to assess the state of legal regulation of award relations in theRussian Federation subjects and to develop measures for its systematization and improvement.Methods: the main methods of the conducted research are general scientific methods of cognition: analysis, synthesis, comparison, extrapolation, and specific-legal methods of cognition of award relations based on them, used in the Russian theory of law and the state.Results: an analysis of more than 500 regulatory legal acts of the constituent entities of the Russian Federation has shown that in some regions special laws were adopted in addition to the existing comprehensive laws on awards, which regulate the establishment of regional parliamentary awards, as well as awards of regional state authorities; that in most of the Russian Federation subjects, state (republican, regional, district, municipal) awards are regulated outside the comprehensive award legislation, but within the framework of incentive law, by their own legislation on regional awards and/or by-laws of the regional state authorities; that in some Russian regions there are special laws establishing simultaneously not only state awards of the Russian Federation subject, but also state scholarships.The territorial scope of the study is limited to the Russian Federation as of September 30, 2022, before the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions, which established their regional awards, became part of it. The time frames of the monitoring study are limited to the period from 1991 to February 10, 2023.Scientific novelty: for the first time in Russian legal science, a monitoring study of the award law of all subjects of the Russian Federation was conducted, which allows assessing the quality of legal regulation of award relations in the Russian regions and, if necessary, improving the system of regional awards and other incentives for positive lawful behavior.Practical significance: the results obtained can be used in the law-making activities of state authorities of the Russian Federation subjects in improving regional award legislation, establishing official regional awards and systematizing the legal regulation of award relations. The conclusions of the conducted research enable to eliminate contradictions between the norms of award law and the norms of other regulatory legal acts

Innovations in the Russian award law, caused by counteracting the COVID-19

Objective: to monitor changes in the state of award law in the Russian Federation caused by the counteraction to the new coronavirus infection COVID-19 and to determine the prospects for its development.Methods: the methodological basis of the conducted research is the dialectical method of cognition and the methods based on it: general scientific (historical, logical, systemic) and private scientific (grouping, analysis, synthesis, comparison, interpretation, etc.).Results: based on the analysis of federal, regional, municipal and other regulatory legal acts, the author gives an exhaustive list of official awards for merits in countering the new coronavirus infection COVID-19. The lists of merits for special and universal awards to persons who participated in countering coronavirus infection are presented; some shortcomings in the legal regulation of awarding at the regional and municipal level are identified. Attention is drawn to the shortcomings in the organizational and legal foundations of awarding in some subjects of the Russian Federation, when medical workers and other persons are only posthumously awarded with universal highest regional awards for countering the new coronavirus infection COVID-19.Scientific novelty: for the first time in the Russian legal science, Russian award law was monitored due to the counteraction of the new coronavirus infection COVID-19.Practical significance: the paper proposes measures to improve the legal regulation of awarding for merits in countering the new coronavirus infection COVID-19, which can be used by law-making bodies

CONTENT OF THE DEFINITION OF A “VICTIM”, ITS DERIVATIVESAND ADJACENT CATEGORIES IN THE LEGAL ACTS OF THE SOVIET STATEIN PRE-VICTIMOLOGY PERIOD (1917-1950): HISTORICAL-LEGAL VICTIMOLOGICAL RESEARCH

Objective: to determine the content of the legal category of “victim”, the victimological terms derived from it and related categories used in the Soviet legislation and sub-normative legal acts of the first half of the 20th century. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors that determined the choice of the following research methods: analysis, synthesis, comparison, systematic, formal-legal, comparative-legal methods.Results: the content of the legal category of “victim” has been researchhed, as wellas the related and derived legal definitions of the Soviet legislation, which can significantly broaden the boundaries of the modern subject of the Russian victimology. Based on the analysis of the Soviet legislation, the author proposed scientific classification of victims into separate types. The territorial boundaries of the study completely cover the USSR territory. The temporal boundaries of the study are defined as the period from 1917 to 1950. In some cases, for completeness of research, the author refers to the normative legal acts of other time periods and other countries. The empirical base of the study consisted of 168 existing and invalid regulatory legal acts of the RSFSR and the USSR, and political-legal documents of senior officials of the RSFSR and the USSR.Scientific novelty: for the first time in the Russian victimological science, the content of the basic category of “victim” was studied, which was used in normative legal acts of the Soviet state in the first half of the 20th century, i.e. before the formation of the domestic (Soviet) victimology. The author, for the first time in domestic victimology, offered to recognize as a victim not only physical and legal persons, social groups, and public formations, but also a social institution - a family.Practical significance: the main provisions and conclusions of the article can be used in scientific, educational, legislative and enforcement activities

Material incentives for anticorruption whistleblowing in the Russian Federation: issues of legal regulation

Objective: to improve the legal regulation of material incentives for anti-corruption whistleblowing in the Russian Federation as an effective tool for counteracting the said negative social phenomenon.Methods: the methodological basis of the research is the dialectical method of cognition and general (historical, logical, systemic) and specific (grouping, analysis, synthesis, comparison, interpretation, etc.) scientific methods based on it. Results: based on the comparative-legal study of departmental, regional and municipal regulatory legal acts regulating the issues of material stimulation of the anti-corruption whistleblowing in Russia, the author describes the state of legal regulation of the said institution for combating corruption: reasons and specifics; subjects and objects of anti-corruption incentives for whistleblowing; features of applying one-time reward for it. Based on the conducted research, it can be argued that the legal regulation of stimulating anti-corruption whistleblowing has a number of significant contradictions that need to be coordinated and eliminated. The author argues that it is necessary to develop a unified approach to such regulation, to systematize the regulatory legal acts, and when implementing a one-time material incentive for anti-corruption whistleblowing - to apply differentiated and individual approach based on proportionality principle.Scientific novelty: for the first time in Russian legal science, the institution of anti-corruption whistleblowing is described as a form of approved anti-corruption behavior and a self-contained institution for combating corruption; measures to improve its legal regulation are proposed.Practical significance: it is proposed to improve the rules governing the use of the anti-corruption whistleblowing institution in order to more effectively combat corruption in the modern Russian society

Praskovya Nikolayevna Tarnovskaya and her contribution to the Russian, European and global criminology: historical and criminological research

Objective: to describe and evaluate the contribution of Praskovya Nikolayevna Tarnovskaya to the Russian, European and world criminology based on the analysis of her works and expert opinions.Methods: general scientific (analysis, synthesis, comparison, grouping, modeling, interpretation) and special (historical-legal, content analysis of media publications) scientific methods, which are used in modern criminological science.Results: new literary sources were identified and introduced into the scientific turnover, i.e. Praskovya Nikolayevna Tarnovskaya’s works published in the late 19th – early 20th century in Russian and foreign languages and devoted to the issues of combating female criminality. The significant contribution of P. N. Tarnovskaya to the formation and development of the Russian, European and world criminological science was established.Scientific novelty: for the first time in criminological science, the content of a maximum number of literary sources by P. N. Tarnovskaya, one of the founders of the world criminology, published in Russian, French and Italian languages, was assessed. Based on the reviews, commentaries and other information published in scientific periodicals, the author monitored how P. N. Tarnovskaya’s contemporaries assessed her works. A proposal is made to develop a new branch of Russian criminology – historical criminology.Practical significance: the work can be used to prepare textbooks, manuals and other teaching materials on the course “Criminology” and to fill with new content the section “History of the Russian criminology”. It may also be useful for the theoretical development of a new scientific area of the world, European and Russian criminology – historical criminology