22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

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Legal Responsibility: Problems of Rethinking the Traditional View

Tereshchenko Dmitry
Modern legislation does not contain a clear definition of the concept of “legal liability”. This is due to the presence of many author's points of view and opinions, where the definitions differ in meaning, and also have a wide range of embedded meanings. This situation leads to an ambiguous understanding or to an unjustified expansion of the interpretation due to the unjustified association of legal responsibility with other similar social and legal concepts and phenomena. As a result, there are discrepancies in law enforcement practice. The article considers the shortcomings of the concept of a single legal liability, justifies the impossibility of combining positive and negative liability. Due to the fact that the legal literature has repeatedly concluded that it is necessary to conduct additional theoretical research to solve this problem, the author made an attempt to rethink the traditional view in this matter. In addition to general scientific methods of cognition, broader theoretical approaches to understanding the phenomenon of responsibility are proposed. First, responsibility is considered as a functional characteristic of the interaction of the elements that form its semantic content. Secondly, the concept is studied from the standpoint of dimensionality, i.e., from the point of view of the ability of a concept to have multiple values (dimensions), depending on the number of selected keywords that are included in the definition of the concept. Thus, the definition of legal responsibility, on the example of criminal responsibility, is considered at two levels of abstraction: at the first level as a measure of responsibility; at the second-as the relationship between punishment and crime, which act as a fixed act (fact) or committed action. Based on the conducted structural research, the author's definition is formulated, which allows combining the main number of existing points of view and opinions on the definition of liability into a single principle (rule) of legal liability. For the first time, the concept of legal responsibility is considered as a logical and mathematical model that allows interpreting the legal concept based on the provisions of differential calculus. From a practical point of view, the use of extended methodological approaches should serve to organize various opinions into a single semantic understanding of legal responsibility. In the context of the widespread digitalization of law, the proposed methodology allows creating formalized structures of derived concepts used in various branches of law.
Keywords: legal responsibility; problems of the theory of law; criminal responsibility; the concept of positive and negative responsibility; formalization of law; definition of responsibility; dimension of the concept; category of interaction; measure of responsibility; derived characteristics of action; problems of the methodology of law; ability; opportunity; duty.

 

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Constitutional Control Bodies of the CIS Countries: Order of Formation and Competence

Kharinov Ilya , Sinitsina Valeriya
The relevance of this study is dictated by the fact that relations in the field of urban planning presuppose the interest of citizens in the formation of urban space, as well as by the fact that the provisions on the need to ensure an appropriate level of public participation have been consolidated in regulatory legal acts emanating from the authorities. The reasoning presented in the article was aimed at establishing the legal nature of the right of citizens to participate in making urban planning decisions, as well as identifying the key problems of its protection within the framework of both judicial procedure and using extrajudicial methods. The article analyzes the constitutional and legal basis of this law, substantiates the correspondence of its essence to the concept of subjective public law, examines the problems of its judicial protection, and also reveals various ways of its protection out of court. The authors come to the conclusion that the protocol and the conclusion on the results of public discussions or public hearings are non-normative legal acts, as a result of which it is possible to file an administrative statement of claim declaring them illegal in accordance with Chapter 22 of the CAS RF, as well as that cases of local referendums, which are subject to issues that can directly affect the adoption of final urban planning decisions, require a positive assessment due to the obligatory nature of the decisions taken by the population. Meanwhile, the prospect of such an extrajudicial method of protecting the right to participate in making urban planning decisions as the cancellation of a municipal legal act issued by local self-government bodies in the order of self-control is interesting.
 Keywords: participation of citizens in making town planning decisions; principles of town planning law; public discussions; public hearings; judicial protection; local referendum; survey; cancellation of a municipal legal act by way of self-control.
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Legal Regulation of Compensation for Damage Caused to Atmospheric Air

Kodolova Alena
The beginning of 2021 was marked by the adoption of several important regulatory legal acts in the field of ecology. One of these documents was the Methodology for calculating the amount of damage caused to atmospheric air as a component of the natural environment, approved by Order of the Ministry of Natural Resources of the Russian Federation No. 59 of 28.01.2021 (hereinafter referred to as the Methodology). This article examines the legal grounds for causing harm to atmospheric air as a natural component, provides a comparative legal description of the regulation of public relations on compensation for damage to atmospheric air, and also analyzes the text of the Methodology itself. 
Keywords: environmental damage; atmospheric air damage; environmental damage; environmental offenses.
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