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Sociology and Law

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No 3 (2021)
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SOCIAL PROBLEMS OF A SOCIETY

6-18 322
Abstract

Sociological analysis of up-to-date social practices, communication and interaction forms among community members, local and virtual groups is based on a number of methodological approaches that need to be reconceived today in connection with the digital transformations of social processes and structures. Socio-managerial approaches used in the era of traditional and modern society (modernity) do not cover the total social reality and do not reply to the tasks and social practices of the post-modern information society (“meta-modernity”). In these conditions, the rethinking is required for the implementation of the basic concepts such as democratic instruments of state regulation, once rejected by Plato and Aristotle and then again proposed at a new round of social development by K. Popper. The concept of participation, which returned to sociological, socio-anthropological and socio-economic discourse in the middle of the twentieth century, needs to be developed in the era of total digitalization, additionally accelerated by measures of social isolation in connection with the pandemic (the transition to remote work, the expansion of online services, etc.). The article attempts to present new aspects of the concept of participation in relation to understanding the models of distributed networks of economic relations (sharing) and, in general, to digital forms of social communications in society.

19-27 388
Abstract

The article analyses social adaptation problems of pre-retirement age persons to the innovations of the pension reform. A typology of pre-retirees' social competence is proposed, which makes it possible to differentiate subgroups of pre-retirees that differ in their competence and attitude towards the pension reform. The action strategies to activate each of the identified subgroups are indicated.

28-34 297
Abstract

In the presented article, the author sets a goal to look at corruption through the prism of a youth perspective; to identify the existing attitude to the concept, causes and measures to combat corruption. The methodological basis of the study is the analysis of statistical data for 2020, taken from official sources; conducting an in-house survey among students of one of the universities of the Vladimir region and analyzing the results obtained. As a result, the author came to the conclusion that a special role in the formation of the younger generation's understanding of the essence of corruption is played by the mass media and the Internet; a sufficiently large number of young people interviewed are ready to resolve it in a difficult life situation with the help of corruption ties, if this is the last possible means; the most effective measure to counter corruption is tougher responsibility, and the most effective punishment is deprivation of the right to hold a certain position or engage in a certain activity.

35-39 280
Abstract

The article contains the analyses of the current situation in the field of drug use propaganda carried out using the Internet, and also the study of the amendments adopted by legislators providing for increased responsibility for this type of illegal activity. A content analysis of a specialized segment of the information virtual network, a comparative analysis of the researched problem with the data of 2019, a review of official statistics of law enforcement agencies were carried out. The conclusions about the results of the analysis.

40-44 321
Abstract

The article is devoted to the discussion of the psychological and socio-demographic characteristics of the extremist's personality. The author of the article focuses on the relevance of studying the ideas about the image of an extremist in the public consciousness. The article presents the results of a study conducted in 2021 to identify the attitude of the population of the Krasnoyarsk district to the problems of extremism and radicalism. The results of the study showed that the dominant image of an extremist among the residents of the region is negative. The respondents attributed to the main features inherent in the personality of an extremist: aggressiveness, bitterness, cruelty, intolerance to people, hostility, lack of education, selfishness.

THE LAW IN A STATE AND PERSON LIFE

45-52 468
Abstract

The article considers the problematic of the issue of the expediency of recognizing the ideological function in the general system of functions of the modern state, with the justification of its social and social necessity and legal role. The objectivity and importance of rethinking the state-centrist approach to understanding the ideological function and perception of the state-centric paradigm, based on the recognition of a person as the highest social value, was separately emphasized. The most complete, comprehensive knowledge of state and legal phenomena and processes at any historical stage of the existence of human society, of course, requires careful research and deep understanding of the main functions of the state. It is the functions of the state that make it possible to identify the essence of state influence on social relations, its qualitative characteristics, and also to determine the main directions and prospects for development. These processes are also facilitated by the transition from a state-centrist ideology to a person-centered one, according to which the state must “serve” the interests of citizens (that is, act for the “good of man”).

53-57 549
Abstract

The article considers the importance of comparative jurisprudence for jurisprudence in general and for international law in particular. Comparative law has steadily entered the structure of the legal sciences, taking an important theoretical and methodological place. The methodological significance of comparative law is reflected in the development of legal sciences, including and especially international law. The theoretical significance of comparative law as a legal science lies in the terminological basis that comparative law provides for other comparative sciences and studies. The authors substantiate the relevance of comparative law as a scientific direction, which is due to the growing integration and cross-border trends in law caused by globalization, within which comparative law is designed to provide a methodological and theoretical basis.

58-62 324
Abstract

The article explores the concept of the principle of civil law. It is determined by its essence from different legal positions. The influence of the principles on the formation of the norms of civil legislation is investigated. The features of doctrinal approaches to the concept of a legal principle are revealed. The content of codified acts regulating the norms of civil law is considered and an assessment of their content is given. Family legal relations are analyzed and the operation of the principles of civil law in them is revealed.

63-70 427
Abstract

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

71-76 314
Abstract

The process of investigating crimes committed with the use of modern information technologies is inherently connected with the need to attract specialists from expert organizations with special knowledge and qualifications. In order to form an evidence base in the criminal proceedings of the area under consideration and a comprehensive review of cases, the conclusion of a specialist conducting computer-technical expertise is significant. The scientifically based conclusions of the expert opinion allow us to fully restore the logical chain of circumstances and establish the mechanism of committing a crime, as well as to prove the fact of committing a criminal act, or to justify an innocent person in committing a crime. The relevance of the topic of the article is due to the growth of crimes with the use of modern information technologies. Based on the results of the theoretical analysis and study of judicial practice in criminal cases related to the use of information technologies, the authors consider the features of the investigation of cases and the significance of the results of expert opinions in sentencing. The features of the use of computer-technical expertise in order to provide an evidence base in criminal proceedings are determined.

77-87 391
Abstract

The presented study addresses the problems of protecting the rights and interests of minors, including children left without parental care. The author analyzes the provisions of the current family and civil procedural legislation and identifies several problems in the legal regulation of the participation of minors in the consideration of cases affecting their interests. The author notes that a formal approach to the enforcement of the right of minors to be heard in court is unacceptable, justifies the need for further development of the concept of “conflict of interests” between custodians (guardians), custody and guardianship authorities on the one hand and minors on the other. The necessity of continuous professional legal support for a minor (representation on behalf of a minor) throughout the entire proceedings on the case is justified.

88-93 275
Abstract

The article deals with the most complex and important issues in demand in practice, related to the improvement of the design of art. art. 317-319 of the Criminal Code of the Russian Federation. It is stated that the current legislation in the considered sphere of the public relations needs further improvement. Author's suggestions for improvement of the existing penal legislation are made.

94-98 272
Abstract

The author analyzes the current problems in the division of administrative responsibility for violation of fire safety rules in the case of several subjects of an administrative offense, provided that all actions to comply with fire safety rules were assigned to other persons in the performance of civil contracts. The problem lies in the fact that currently there is a law enforcement practice, based on which, regardless of the imposition by the owner of the property of the obligation to comply with the rules in the field of fire safety on other subjects of civil legal relations, administrative responsibility can still be applied to the owner of the property. The novelty of the study is that the paper for the first time formulated a position on the full transfer of the obligation to comply with fire safety requirements from the owner of the property to other persons, guided by the primary right of the owner to dispose of the property at his discretion.

99-106 342
Abstract

The article analyzes the features of the process of constitutional proceedings, as one of the subtypes of legal proceedings in the Russian Federation, in addition, the comparative features of constitutional proceedings with the peculiarities of proceedings in civil, criminal and administrative cases are considered and a comparative characteristic of these processes is carried out.



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ISSN 2219-6242 (Print)