DOI: 10.7256/2454-0706.2020.2.32130

Abstract: The problems related to development of public order and legal order are fundamental in the theory of law and largely carry a polemical character. Juridical science gives detailed attention to revelation of the essence and categorical analysis of this institution. The theoretical-legal substantiation of its functionality in the conditions of advancement of local self-governance is developed to a much lesser degree. This article analyzes the views of researchers on the representational nature of public order, determines its place within the system of local self-governance, expounds the significance in part of new approaches, including the amendments to the Constitution of the Russian Federation. The authors prove that public order is ensured by sustainable functionality of regulatory mechanisms that involve social structures. The role of the forming civil society is also significant in this regard. The articlegives assessment the state of public order, and demonstrates that it represents a dynamically developing state legal institution. The conclusion is substantiated that the need for protection of public order stems from its consistent social value for society as a whole. This contains the possibilities for controlling anarchy, mitigation of egoistic intentions of individuals, and retention of manageability by the state. Control of negative phenomena in the process of social development is capable of ensuring society from internal collapse.

DOI: 10.7256/2454-0706.2020.2.32126

Abstract: This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

DOI: 10.7256/2454-0706.2020.2.30332

Abstract: The goal of this article consists in comprehensive analysis of the domestic and foreign security policy of Norway in the regions of Norwegian Arctic and Northern Norway. This work explores the geographical peculiarities and economy of the regions; questions of international cooperation, impacting the domestic policy as a whole and Arctic policy in particular; Norway’s military interests and military presence of NATO and the United States in the region of Norwegian Arctic. Attention is given to the relations between Norway and Russia, since they influence the overall balance between countries in the Arctic region. The conducted analysis demonstrates that Arctic region is strategically important for Norway from the perspectives of both, domestic and foreign policy. Norway plans to pay attention to respect nation’s sovereignty, which is necessary for successful development of the region, its economy, security, and conducting scientific research in the Arctic. Norway’s Arctic policy is closely tied to relations with Russia and NATO member-states, and its further development on this vector can play a positive role for the entire global community. Carrying out dual policy with regards to Russia, Norway welcomes the strengthening of military presence of the NATO countries in the region.                                                          

DOI: 10.7256/2454-0706.2020.2.32234

Abstract: This article presents modern vectors of reforming the institution of government control of entrepreneurial activity. The work touches on the questions of implementation of the mechanism of “regulatory guillotine”. Analysis is conducted on separate aspects of the legislative bill No.850621-7 “On Government Control (Supervision and Municipal Control in the Russian Federation”. The work illustrates with examples from case law the problematic of requirements set for the subjects of entrepreneurial activity. It reflects the dynamics of legislative initiative in the area of improvements to the institution of government control of entrepreneurial activity. The authors signify the positions of scientific and entrepreneurial communities on this topic. The article employs general scientific methods, analysis, and logical methods of cognition, as well as private scientific research methods (formal-legal, comparative-legal). The key conclusions of this research consist in clarification of the main principles of government control, need for information and digital support of entrepreneurs within the framework of government control; specification of preventative measures in carrying out government control; criticism of implementation of insurance mechanisms as an alternative to supervisory measures.

DOI: 10.7256/2454-0706.2020.2.32112

Abstract: This article presents a brief excurse into the history of the conception of one of the leading movements of criminological science – anthropological criminology. Analytical review of the opinion of leading psychiatrists and forensic pathologists of the early XIX century is given regarding the facts of commission of motiveless violent crimes by individuals without evident mental disorder, which were increasingly recorded by law enforcement of that time. This phenomenon was sequentially named “delirium-free mania”, “monomania”, “moral insanity”, and other terms. The methodology is based on the retrospective analysis of the discourse field formed in the early XIX century around the phenomenon of “monomania” (moral insanity) in Russian and foreign literature on law and forensic psychiatry. The materials presented in this article allow reallocating emphases in the scientific discourse on the origins of criminal anthropology branch within criminology. The main conclusion of the conducted research consists in the fact that beginning of the study of monomania (moral insanity) should be viewed as the starting point in formation of anthropological criminology – one of the two leading branches of criminological science (alongside sociology of crime). This conclusion is made on the basis of analysis of the rarest foreign and Russian literature, most of which has not been republished for approximately 200 years.