TRENDS
The article dwells on important aspects of the development of the modern information society in the context of implementation of constitutional values. The recognition of a person, his rights and freedoms as the highest value of a democratic state acts as a condition for the development of a legal system focused on ensuring freedom of information. This aspect of the information society implies not only free dissemination of information, but also the openness and transparency of the public administration system transformed under the influence of information and communication technologies. Constitutional values act as an axiological basis for the legal development of the state, contributing to the improvement of public administration and realization of fundamental rights and freedoms of the individual. Based on the analysis of the value apparatus of the constitutional law, the conclusion is made about freedom of information as an integral condition for the development of civil society. Current trends in the development of modern society are distinguished, first of all, by the increasing importance of the process of digitalization and informatization of various aspects of human social life. The information sphere is becoming the most important resource of power and management; information technologies are increasingly being introduced not only into all spheres of public administration, but also into the spheres of life of the whole society, and the state should stimulate such processes.
The article gives the author’s view regarding fan creativity as a derivative work. In this regard, such concepts as «derivative work,» «fan fiction,» «fandom,» «fiction writer» were analyzed. The author analyzed the emergence of fan fiction in society, elucidated the attitude of the authors of original works to fan fiction writing. It is revealed that the attitude is quite loyal, but sometimes critical, because due to insufficient research of fan creativity, it is often considered that fan fiction is low-quality, illegal and unoriginal work created exclusively by teenagers for relaxation. It seems that fan fiction cannot teach anything, be good in style and plot, especially with borrowed characters, which is the most acute point, since Russian law protects the character more than the plot. However, this opinion is fundamentally wrong, because often fiction writers, after writing derivative works, begin to publish their own original works and often they become popular, they are filmed and they acquire their own fans. In addition, sometimes the most loyal authors of the originals listen to those who create something new from the plot and the characters created by them, and can include some specific moments in the original work to the delight of fans, because it is always good to know that you had a hand in something absolutely amazing. As a result, the author concluded that relations in the field of fan creativity are insufficiently regulated in Russia and the basic concepts in legislative acts are not regulated, which leads to such a critical assessment of these works. The article also highlights the main problems of creating such works and presents the author’s proposals for solving them. Thus, the main problem is the lack of consolidation of this phenomenon in legislative acts, which often leads to violation of people’s privacy and copyright infringement on the part of both the author of the original work and the ficwriter.
The article presents the author’s view regarding the definition of the legal nature of streaming as a result of human intellectual activity. The author gives the definition of the phenomenon, identifies its essential features, determines the specifics of creating streams, explains the typology of streams and substantiates its legal significance. In the process of forming the author’s position, a systematic analysis of the provisions of the Civil Code of the Russian Federation was carried out, taking into account the acts of judicial interpretation of the applicable legal norms, as well as the legal positions of Russian legal scholars with doctrinal significance. In the process of forming his position, the author comes to the conclusion that the current legislation of the Russian Federation does not give legal definitions of «stream,» the terms «work» and «creative work,» in connection with which the list of results of intellectual work and means of individualization protected by the state, as given in Article 1222 of the Civil Code of the Russian Federation, should be considered unsettled. A stream created without violating the rights of third parties and in compliance with other requirements specified in the article will have legal protection as a result of human intellectual activity, and the provisions of copyright law of the Russian Federation apply to it. As a basis for the formation of the typology of streams, the author used the dependence of the creation of a stream on the degree of use of the results of intellectual activity of third parties. The author identifies three main types of streams, gives their brief description, revealing significant differences. In the course of the research, the author comes to the conclusion that modern Russian intellectual property law needs to be supplemented and clarified, and the terminology apparatus needs detailed specification.
RUSSIA
The paper is devoted to the development of ideas about the role of education in the development of the state during the reign of Peter I. The author examines the main scientific and legal concepts that were developed in the field of education and that subsequently influenced the process of reforming education in Russia at the beginning of the 18th century. The peculiarities of the current situation in the field of education in Russia determine the relevance of this work. There is a strong social element in the state law regulation of activities in education. In this regard, the development of education as a social institution is influenced by historical, social, technological and other processes to which the state must respond in a timely and appropriate manner through normative regulation. Legal and historical experience allows us to build the most favorable policy in this area. The author examines the period of the reign of Peter I and determines the main ideological role of education in the process of strengthening and improving the state. The material for the analysis covers various scientific works in the field of education, as well as the history of the state and law of Russia of the late 17th — early 18th centuries. The considered scientific and legal concepts are based on the ideas of G. Leibniz, a German philosopher whose projects had a great influence on the reforms of Peter I, Feofan Prokopovich, a Russian political and spiritual figure and one of the closest associates of the tsar, and V. N. Tatishchev, a Russian historian and statesman who continued the development of Peter’s I ideas during the life of the Emperor and after his death. The author concludes about the development of new ideas of education, which were largely implemented in the transformative policy of Peter I.
The purpose of the article is to study the main provisions of the labor law of the Soviet Union era, since this period is one of the most interesting and significant in the entire history of Russia. It is marked by a large number of fateful events and processes that influenced the history of the New Russia. However, the most important thing is the reform of all spheres of public life that were neglected throughout all stages of the development of statehood. The work forms the basis of people’s relationships because work acts as an independent component of the conditions of existence from any other forms, a natural human need, without which it is impossible to develop both individual people and the state as a whole. At all times, there have been and will continue to be a number of specific features and factors due to complexity and importance. Thus, labor law should reflect the social relations that arise when applying the labor of the working class and employees in the process of their joint labor activity. As a result, labor law should be analyzed from the moment of its active formation, so that it is possible to analyze in detail the mechanisms of its structure, to be able to predict its development for the coming years, based on the historical experience of the country. During the birth of the Soviet Union, the first significant reforms were carried out. They were reflected in the legislation of that time. Thus, the study and analysis of the formation of Soviet labor law is one of large-scale steps on the way to its detailed study for the Russian state as a whole.
WORLD
Justice forms the heart of all religious doctrines, but each religious doctrine gives justice a peculiar shape. Further, the concepts of justice and goodness are examined in more detail through the prism of Islamic religious law, with its own nuances and outlines. Regarding justice in secular law, we recall the statement of the ancient Greek sophists claiming that «justice is what is beneficial to the authorities» and the general recognition of law as a normatively fixed justice. In other words, not every statute can be considered as law if it does not meet the objective requirements of law — justice. Thus, there is no good in such a law and legislation. Also, according to the author of the paper, the founding fathers of the atheistic state — the USSR — knew perfectly well the religious canons, the cornerstone of which was social justice. And one of the reasons for the political longevity of the USSR can be confirmed by the words of one of the outstanding Islamic lawyers: «The state can hold on disbelief («kufr»), but it will not hold on injustice...” Religious righteous behavior, being in the sense of «God–pleasing» behavior, the bearer of all-encompassing goodness, is the highest stage of communion with universal values, justice being one of the main values. Justice, like other universal values, is fixed both in religious norms and in positive legal rules. Without the implementation of the principle of justice, there can be no question of building a rule-of-law, social state. Recognition by an effective government of the rights of the people and rejection of actions aimed at restricting the rights of people, compliance of the government authorities with the requirements of justice — i.e., the creation of good by those in power — form the first means of obtaining the consent of the people and the most important ways to earn their trust, as well as to ensure the legitimacy of the existing government.
The article abalyzes the term «elections in khaki» («khaki election»), which is widely found in the Anglo-American literature. In our opinion, it is not quite right to limit it to only one, the most commonly understood meaning as elections taking place during the war and (or) immediately after the war. This term has at least three meanings, which can be combined simultaneously even within the framework of one election campaign. In addition to the above-mentioned meaning, «elections in khaki» can also be understood as such elections when issues related to the war (its declaration, further course, end and related moments (general or partial mobilization, etc.)) are of major importance during the election campaign. Finally, «elections in khaki» can also include elections when, in conditions of mass armies with universal military service, combined with universal (at least male) suffrage, uniformed voters play an active and significant role. Although most of these elections took place during the world wars mainly in the countries that we refer to as the Westminster system and the United States, this is also typical for other major military conflicts in other countries of the world. There are a huge number of examples of this kind. Within the framework of this article, we preferred to limit ourselves to only some of the most striking examples of this kind: the elections to the Constituent Assembly in Russia at the end of 1917, parliamentary elections in Great Britain in 1900 and 1918, Canada (1917), Australia (1914 and 1916), etc.
The article discusses the features of licensing regulations in the European Union. It analyzes the provisions of supranational law and the legislation of the Member States of the integration association. The research methodology includes logical, formal-dogmatic, as well as comparative-legal methods. It is noted that the EU legal system independently interacts with the systems of international law and the law of individual participating countries. In connection with the distribution of competence between the integration association and its members in the regulation of relations attributed to the joint jurisdiction and exclusive jurisdiction of the EU, the norms of supranational sources are given the priority. Since regulation of licensing procedures is determined by the nature of the distribution of competence of the EU and its participants, the sources of primary law are important, a special place among which is occupied by the Charter of the European Union on Fundamental Rights that establishes, among other things, the right to good administration, thereby forming the basis for administrative regulation. The article highlights that the concept of good administration as the basis of administrative procedures is also applied in the EU Member States by consolidating its provisions in national acts, primarily in constitutions and legislation. Analyzing the acts on licensing in the field of healthcare, as well as in the financial sector, the author concludes that the degree of detail of licensing provisions by supranational norms depends on the distribution of competence, as well as on the authorized type of activity. It is possible both to establish the basics of regulation through directives and the introduction of detailed rules of conduct when strengthening integration processes.
POINT OF VIEW
The article presents the author’s analysis of the state law ideas and early projects of M. M. Speransky, as well as their consideration both in the context of reforming the state system of the Russian Empire at the beginning of the 19th century, and in the framework of global processes directly related to the Russian Empire. The analysis of projects and ideas of prominent reformers contributes to the study of the mechanism of emergence of state transformations, their positive and negative aspects. Accumulation of information about reform activities can play a significant role in carrying out transformations in various spheres of society and institutions of state power, increasing their effectiveness in modern realities. The early state law ideas and projects of M. M. Speransky were moderately liberal in nature and their action was aimed at the implementation of constitutionalism within the institutions of state power of the Russian Empire. They provided for the separation of powers, restriction of the monarch’s power, granting civil and political rights to the population, establishing legality and forming a fair impartial court, that in fact, they were connected with the basic categories and concepts of European public thought of that time. The author evaluates the unconditional significance of M. M. Speransky’s activity at the early stages of his career in the sense of its compliance with global political and legal trends and Russian reality, objectively investigated by M. M. Speransky for the creation of projects and reforms. The study of M. M. Speransky’s activities is relevant: this is certainly confirmed by the interest of researchers in his personality and projects.
The author of the article considers such a political economic and philosophical theory as libertarianism. It is pointed out that this concept originated relatively recently and represents a promising modern doctrine. Libertarianism is an unusual concept of combining extreme liberalism and anarchism, which is why it is new and promising. The article reviews the basic principles and features specific to this doctrine. Among them, individualism stands out as the basis of the whole theory; inviolability of individual rights; the rule of law as the basic mechanism for regulating public relations; the free market, as well as minimizing the role of the state in the life of society, transferring most of its activities to the category of services provided according to the laws of the market. The author argues about the prospects of libertarianism in Russia. The analysis of normative acts, primarily the Constitution, is given, on the basis of which it is possible to trace the existence of objective prerequisites for the implementation of the ideas of libertarianism. These include consolidation of basic foundations of the market economy in the Constitution, existence of local self-government that is not part of the system of state authorities, possibility of creating non-profit organizations, which opens up prospects for the implementation of a wide range of socially important tasks by private organizations. In addition to the regulatory framework, the author considers the situation in Russian society. It is concluded that there is a demand for new ideological concepts in Russia. In addition, attention is drawn to the spirit of individualism specific to the inhabitants of Russia, which is a necessary prerequisite for the implementation of the ideas of libertarianism. To sum up, the author concludes that prospects of libertarianism are still unsettled, and the fate of the development of these concepts belongs to the younger generation of Russians.
The article is devoted to the People’s Commissar of Justice of the RSFSR, a researcher, a member of the Party of Left Social Revolutionaries Isaak Z. Steinberg (1888–1957). This year his 135th anniversary is celebrated. Since the formation of the new state, the new Soviet state needed people able to retain power. Holding the post of People’s Commissar of Justice of the RSFSR from 1917 to 1918, I.S. Steinberg made a significant contribution to the formation of Soviet criminal legislation and the system of Russian justice. The importance of his activity was to restrain the repressive policy pursued by the Soviet government in the early years of its rule against the «counter-revolutionaries.» Isaac Zakharovich was a strong person, with an inner core. Obviously, during the years of his professional activity in the RSFSR, he was constantly faced with the question whether to become a «terrible» judge or to remain a person with universal spirituality. While holding the post of People’s Commissar of Justice of the RSFSR, he made efforts to ensure that the established institutions of the Soviets sought to observe revolutionary legality. Despite his professional and political frankness with the top officials of the country, namely, V.I. Lenin and L.D. Trotsky, and adamancy in the views, Schteinberg managed to survive until 1957. While presiding over the People’s Commissariat of Justice, he made a significant contribution to the prisons’ administartion. In addition, I.S. Steinberg proposed to consider serious criminal cases in the presence of jurors. He was the editor of the criminal justice department, a talented writer, author of plays for the theater. However, in 1923, during his business trip to Vienna, Isaac Zakharovich was deprived of the right to return to his homeland. He lived first in Berlin, then moved to the USA, where he finished his life and professional career.