Law

Introduction. Decent and safe life and activities of Russian citizens can only be possible in the favorable environment. The constitutional and legal guarantee in this area is the consolidation of the environmental rights of Russian citizens as a constitutional value, and its provision is a priority task of the state and, accordingly, the most important direction of the implemented environmental policy. Theoretical analysis. The author determines the constitutional and legal content of environmental rights of Russian citizens, reveals their signifi cance for citizens and peoples living on the territory of Russia, identifi es trends, prospects and problems of their implementation and development, the role of public authorities in this process. Empirical analysis. The researcher claims that the right of citizens to participate in the management of state aff airs in the environmental sphere is implemented in various forms, of which an environmental referendum should be recognized the most eff ective, since its results are binding on public authorities. Despite this, environmental referendums are not often held. The reasons for this are, on the one hand, the unwillingness of the authorities to listen to the opinion of the population when delivering commercially successful projects, on the other hand, the complexity of the legally established procedure for holding a referendum. Results. It is proved that the right to the favorable environment is the main comprehensive constitutional environmental right, with other constitutional environmental rights being the means of its implementation, or restoration in case of violation. It is concluded that the problems associated with the realization of human rights arise from imperfections in the fi eld of law-making, law enforcement, as well as systemic problems of the state structure of Russia. It is pointed out that there is a need to develop state environmental policy in terms of strengthening legal, organizational and other measures aimed at more eff ective implementation of environmental rights of Russian citizens.

Law system has a complicated formation caused by several external and internal reasons. In actual conditions of intensive development and transformation of the public relations the law can not remain static. Its structure changes permanently. These changes not always are visible, caused first of all by new structure elements. More often such changes happen on the functional level of elements’ interaction. Methods. Methodological basis of the research is an internal interconnected complex of knowledge methods: system-structured, functional, logical. The basic method is materialistic dialectics, which allowed the author to investigate complex formations in connection and interdependence with other components of the law system and with the subject of their legal regulation. Results. The author emphasizes 3 principal features of complex structure community. Organizational feature is connected with external display of the complexity of the structure element of the law system. This feature allows to reveal a potential complex law formation, but is not an obligatory one. The idea of the organization feature consists in the following: the norms of one law branch are fixed in a legal act being a source of another law branch. The second feature of a complex formation is its subject of legal regulation, which as a rule matches with the subject of legal regulation of a particular law branch, adopting a legal norm from another law branch. An exclusion is the law communities being in process of formation, isolation (in transformation from complex internal branch institution to a separate law branch). The third feature of the complex formation is a reservation of branch attribution of adopted norms, which displays as in reservation of juridical construction of legal norm, identity of legal construction, and internally – in identity of regulative action.

Correction of national labor legislation according to the international labor legislation is an important step in overcoming the problems associated with the provision of decent work in Russia. Inaccurate translation, poor regulations, untimely introduction of changes lead to competition for international and Russian labor law. Results. Analysis of the Russian and international labor law rules competition has shown that it is a common phenomenon in the modern legal reality. To eliminate the competition between national labor standards and international law when national legislation imposing more extensive guarantees for workers compared to the norms of international law, it is necessary to amend Article 10 of the Labor Code of the Russian Federation. Conclusions. Elimination of competition between the norms of national and international labor law is necessary and helps to create optimal conditions for the regulation of labor relations and directly connected to labor relations, the uniformity of enforcement. Non-compliance of the rules affects important aspects of labor law: the right to form trade unions, to strike, prohibition of discrimination, wages and others. Panacea for the elimination of the labor law rules competition is an analysis of the existing rules, changes in the law and improving the quality of regulations.

Given the current challenges and threats to national security, including armed conflicts near the borders of Ukraine, the study of the historical experience of the organization, regulation and activities of the military justice system with the onset of the special period of wartime became actual. Within the specified context study of these issues in a rather difficult period of transition from peacetime to wartime in Ukrainian territory on the beginning of the Great Patriotic War and the occupation of the territory of the USSR by troops of Nazi Germany (1941–1942) is noteworthy. At the same time, the specified experience can be useful during the reformation period the law enforcement system of Ukraine. Results. The article outlines the main objectives and directions of activity of the military justice system in a special period of martial law in the territory of Ukraine. Conclusion. Since the beginning of the war the military courts were entitled to consider not only the cases involving crimes of military, but also civilians and prisoners of war and foreigners. In legal documents, that somehow regulated the activities of military justice system, demands were made for conducting a ruthless struggle against disorganizers of the rear, deserters, panic-mongers, disseminators of rumors, the elimination of spies, saboteurs and enemy parachutists, neutralizing of dangerous individuals, the implementation of strict control of suspicious groups of citizens and maintenance of revolutionary order and discipline. In addition, almost all decision-making decrees required to use fast and balanced approach to the establishment of penalties for offenses, while strictly adhere to the provisions of existing laws and guidance documents.