No 12 (2024)

The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries.
Of significant interest is the analysis of draft constitutions proposed by various authors and groups of public and scientific figures during the constitutional process of 1990–1993. In Russian constitutional law, undeservedly little attention is paid to the history of the creation of the Russian Constitution and the search for the origins and reasons for the emergence and consolidation of individual institutions at the constitutional level.
The article, based on an analysis of the constitutional texts of foreign constitutions and acts of constitutional legislation, drafts of the Constitution of the Russian Federation and materials of the Constitutional Commission and the Constitutional Conference, makes a conclusion about the consolidation of judicial protection of rights and freedoms as an integral attribute of the rule of law. Despite the long history of establishing judicial protection in individual countries, in Russia this right was fully consolidated much later. The constitutional formulations of the current Constitution reflect almost all the substantive characteristics of this right inherent in democratic constitutions of the modern generation. Certain aspects of the law are interpreted by the Constitutional Court of Russia. At the same time, the Constitution reflects the aspirations of the participants in the constitutional process of the 90s to consolidate effective guarantees of judicial protection of the rights and freedoms of man and citizen, primarily from the arbitrariness of state bodies and officials.

The author analyzes the current issues of evidentiary presumption of labor relations: the types of hidden labor relations to which the presumption applies, the specific rules of its application.
The following conclusions are drawn in the work: evidentiary presumption should be applied to all types of hidden labor relations having a single legal nature; specific rules for the application of evidentiary presumption are that the plaintiff provides evidence of the existence of legal relations in the field of labor and their content, and the defendant refutes the fact presumed in this case – the labor nature of the disputes between the parties legal relations.

The article discusses the correlation of emotions with civil and family law. Research on this topic is very rare. The purpose of the work is to consider whether legislators and law enforcement officers take emotions into account when regulating relations and resolving disputes in the field of private law. Objectives of the article: 1) research of transactions in a state of incapacity; 2) analysis of the influence of emotions on the creation of family relations based on mutual respect and mutual assistance; 3) identification of the connection between emotions and neglectful, cruel, and rude treatment of children in their upbringing.
Research methods: dialectical, analysis, synthesis, formal legal.
Brief conclusions: the legislator and law enforcement officer take into account people»s emotions when regulating relations and resolving disputes in the field of civil and family law. This is expressed in the invalidation of transactions concluded in a state of incapacity and the prohibition of neglectful, cruel, rude treatment of children in their upbringing.

The guarantee of the implementation of the constitutional right to judicial protection in criminal proceedings is provided by a number of procedural rights of participants in criminal proceedings. These include the right of the parties to be “heard” by the court, which is most clearly manifested at the stage of judicial debate, which is interrelated with the principle of competitiveness and equality of the parties. Having no separate consolidation in the criminal procedure legislation, this right often remains without due attention of the courts, which is negatively reflected in legal practice in the form of judicial errors, entailing the cancellation of the sentence.
Focusing on the right of the parties to “be heard” in court debates, clarifying its procedural role and significance should lead to strengthening guarantees of the rights of participants in the process to exercise the right to judicial protection in adversarial proceedings. Based on the analysis of the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, procedural doctrine, judicial practice and certain aspects of judicial communication, readers are invited to look at the right of the parties to “be heard” in court debates as an important element of the adversarial nature of the parties in court debates.

The article is devoted to the issues of determining the composition of official offenses related to the fulfillment of the state defense order. The author analyzes the logical validity of the location of the new compositions in the relevant chapter of the Criminal Code of the Russian Federation, the nature of the duties assigned to officials aimed at fulfilling the terms of contracts and contracts concluded in pursuance of the State Budget, as well as the features of administrative prejudice.
The purpose of the study is to solve a number of problems raised in the doctrine and arising in law enforcement based on the analysis of the elements of official crimes introduced into the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation).  
The methodological basis of the work is general scientific and special: the method of analysis, the systematic method, the formal legal method, the formal logical method, etc.
Brief conclusions: in order to solve the existing problems, it is proposed to restructure and transfer new compositions to Chapter 29 of the Criminal Code of the Russian Federation, as well as make changes to their content.