Law

Introduction. The diversity and transformation of relations in the sphere of the realization of the right to creative activity determine the formation of a complex mechanism of legal regulation, the elements of which should be legal restrictions. Theoretical analysis. Restrictions on the freedom of creativity are quite numerous and can be of an ethical, moral and legal nature. The ground for legal restrictions on freedom of creativity is the need to protect constitutional values, and, therefore, they are imperative and obligatory in the implementation of any creative activity. The scope and limits of legal restrictions on the freedom of creativity are not the same and depend on the stage of creative activity. A set of restrictions on the freedom of creativity is necessary when the result of creative activity – the work – becomes available for public viewing and can be perceived very ambiguously. Empirical analysis. The results of creative activity – works, as well as their creative interpretation, should not violate the rights of third parties, should not create a threat to the constitutional order, morality, health and other constitutional values, which indicates the need to limit the freedom of creativity for strictly defined purposes (part 3 of Art. 55 of the Constitution of the Russian Federation).  The main problem of determining the volume and limits of restrictions on the freedom of creativity is connected, firstly, with the lack of a fixed list of types of creativity, and secondly, with the variety of forms of creative activity and their constant increase. Results. The creative process does not need to be regulated, moreover, it is impossible to “drive” it into a legal framework and limit the author’s creative perception of the surrounding world. However, if its result – a work – is intended to be demonstrated to the public, its content, form, interpretation may affect the rights and interests of other persons (consumers of creativity), therefore, general constitutional restrictions on human rights are also applicable to freedom of creativity. This legal dilemma is a particular manifestation of the fundamental problem of achieving a balance between private and public and should be resolved on the basis of not their opposition, but their reasonable correlation and proportionality.

Introduction. The social orientation of legal regulation should be manifested in the process of performing any of the state functions, including the collection of taxes and fees. The balance of the “material interests” of the state and individual members of society when paying a mandatory payment is determined by the dynamics of variable economic indicators used in calculating its size. Within the framework of this work, the distribution of resources of a taxpayer applying a simplified taxation system between his or her employees and the budget (state) is investigated. Theoretical analysis. By means of mathematical constructions based on the normatively defined procedure for calculating the tax, an inversely proportional relationship between the amount of tax and the size of the payroll fund of employees of a taxpayer using a simplified taxation system is established. This effect was revealed regardless of the applied object of taxation. Graphic constructions illustrating the specified dependence are made. Empirical analysis. Based on the data of the Federal State Statistics Service, the correlation between the dynamics of gross domestic product and the dynamics of real accrued wages in the Russian Federation is studied. As a result, it was found that the growth rate of real accrued wages in the study period exceeded the growth rate of GDP. At the same time, however, there is a steady decrease in the difference between these values. Results. The systematic analysis of statistics allowed us to state that in the period under study, the socially oriented nature of the distribution of resources between the taxpayer’s employees and the state remains. However, the “orientation to the interests of the employee” is becoming less and less significant and, if current trends continue, the allocation of resources of a taxpayer using a simplified taxation system will soon be carried out more in the interests of the budget than of an employee.

Introduction. Among the protected works of science, literature and art related to the results of creative work, there are objects that are significant from the point of view of the interests of society and can be tools for solving socially significant tasks, including those in the field of education. The general approach of the legislator to the legal regulation of such objects is aimed at ensuring their maximum accessibility to all interested parties. Maintaining a balance of private and public interests in the process of such regulation requires the use of effective legal means limiting the exclusive rights of the author. Theoretical analysis. Restrictions on the exclusive rights of the author are represented in civil law by the institute of free use of someone else’s work, which guarantees interested persons access to the use of other people’s intellectual activity results without the consent of the author and without payment of remuneration to him or her. Empirical analysis. In relation to educational activities, the law establishes two ways of using someone else’s work, which are permissible limitations of exclusive rights: quoting and illustrating. The normative acts do not disclose these terms, for their semantic analysis it is necessary to refer to the legal positions of the judicial authorities. The free use of someone else’s work is permissible subject to mandatory compliance with the set of conditions established in the norm, failure to fulfill any of which may lead to the recognition of the use as illegal. A number of rules establishing such conditions allow for significant flexibility in interpretation. Results. The specificity of the legal regulation of the free use of other people’s works for educational purposes lies in the evaluative nature of the key terms used by the legislator in the process of such regulation. For law enforcement, it would be advisable to use as clear and accurate a description of these definitions as possible.

Introduction. The concept of sustainable development continues to receive more and more support every year, both at the international and domestic levels. The main reason for its popularity is that this concept has become a qualitatively new strategy for social development, designed to balance the environmental, economic and social interests of a citizen, business, society and the state in the interests of both present and future generations. Theoretical analysis. The movement towards sustainable development of cities within the framework of the overall strategy for achieving the SDGs is ensured by the activities of public authorities and the public to best solve the social, economic and environmental problems of settlements, improve the comfort of life of citizens through the rational use of urban resources, eff ective urban planning, not exceeding the assimilation potential of urban ecosystems, for the benefi t of present and future generations. Results. At the moment, there is no definition of sustainable urban development in the Russian law, and therefore, there is no mechanism for implementing the tasks set in SDG No. 11, including the lack of a system of indicators in the country (social, economic, environmental and others) to assess the degree of achievement of the SDGs. Today we see only separate doctrinal and normative indicators of sustainable development of cities, reflecting only some aspects of the transition of cities to sustainable development (in terms of comfortable housing, etc.). In the scientific doctrine, the relationship between the concept of sustainable urban development and other (related) concepts of interaction between nature and society, including the concept of an eco-city and a “smart” city, is also extremely poorly studied. In this regard, the legal solution to this problem can be the development of the Concept of the transition of the Russian Federation to sustainable development, which includes a clear plan of legislative work, one of the sections of which should include measures to ensure the sustainable development of cities, as well as a number of stages of movement towards this goal and a system of indicators for evaluating these processes.