THE MEMORY OF THE WAR: REFLECTIONS OF SCIENTISTS
Purpose. To explore the theoretical and legal foundations of the law of war and peace and their practical implementation in the activities of the international military tribunals in Nuremberg and Tokyo as new exclusive forms of modern justice.
Theoretical basis. The historical time of Hugo Grotius's life and the Nuremberg and Tokyo International Tribunals have already gone down in history, but the deep connection of these events is an indicator of the fate of brilliant ideas that have not lost their outstanding significance for centuries, not only for their direct content, but also for the ways of thinking that generate them, which are the subject of independent serious research. Concern for the fate of humanity, which permeates both the scientific work of Hugo Groot (Grotius), as well as the Nuremberg and Tokyo trials, unite these two widely separated events today. The unity of these events, in short, lies in the fact that Hugo Groot (Grotius) gave a thorough theoretical knowledge of the law of war and peace, based on all previous historical experience of its formation and knowledge, and the Nuremberg and Tokyo International Tribunals were the first practical embodiments of this knowledge.
Results. The natural law foundations of the activities of the International Military Tribunals in Nuremberg and Tokyo have been identified, and the transformation of natural law into positive law in new international legal documents has been analyzed. The inconsistency of the "right" of force, the "right" of conquest, the main content of the law of war and peace in the work of G. Groot (Grotius) "On the law of war and Peace" is revealed. The article reveals the features of international normative regulation of issues of war and peace in the post-war period, including the practice of exclusive justice, carried out on the basis of treaties and agreements between states to ensure the operation of natural law by identifying it and including it in a new positive law.
Conclusions. The current normative legal acts of positive law at the time of the commission of war crimes by German Nazism did not fully cover the crimes they committed that violated natural human rights: the right to life, the right to security, the right to property. These gross violations of natural law as a right of direct action have been expanded into crimes in the charters of International Military Tribunals: crimes against peace, war crimes, crimes against humanity. For the first time in the history of mankind, the Nazi state and a political party and their leaders were convicted in accordance with the procedural rules of justice in force in the advanced countries of Europe.
Introduction. The law enforcement system reacts to crimes only as to events of the past, and in the criminal procedure law (Part 2 of Article 74 of the Criminal Procedure Code of the Russian Federation), the testimony of eyewitnesses (witnesses) and participants in a criminal conflict (suspect or accused, victim) is called the primary evidence in the case. Thus, the completeness and accuracy of the description of the criminal event by these persons depends to a significant extent on their memory. Parliamentary legislation should take into account public opinion and the will of the country's population, as the Constitution (Article 3) declares the people to be the bearers of sovereignty and the sole source of power, exercising it both directly and through state and local government bodies. The natural foundation of parliamentary legislation as an indirect form of popular rule is provided by mass legal education, which also involves the use of memory mechanisms, but not individual memory, but social memory. Consequently, the phenomenon of memory can and should be used to assess the quality of sectoral lawmaking, criminal prosecution, and crime prevention.
Therefore, the purpose of this article is to compare the criminal liability of individuals for long-term and multi-stage crimes, as well as the retroactive force of criminal law, convictions, amnesties, and pardons used by the state, with individual and collective (social and historical) memory in order to improve the practice of combating crime.
Theoretical foundations of the research is based on the works of ancient thinkers, as well as contemporary foreign and domestic philosophers, historians, sociologists, political scientists, philologists, and cultural experts who specialize in the study of memory, mnemonics (attention and memorization), and the forgetting of events, facts, and other information. The author has identified the institutions of criminal law that are most closely related to and rely on (or should be related to and rely on) the perceptions, expectations, and demands of the population, which are influenced by the information they receive about crime and the government's response to it. He took into account and critically evaluated both the relevant provisions of industry legislation and the legal positions of the Constitutional Court of the Russian Federation and a large group of scientists.
Results. It has been established that the phenomenon of individual and collective (historical, social) memory has long been actively discussed and evaluated in many areas of the humanities, but primarily in the field of psychology. The article examines the different types of memory, the dependence of its volume and quality on the processes of memorization, forgetting, and archetyping. It also considers the similarities and differences between social memory and historical science. The article highlights and supports the prevailing scientific view that the identification function of a nation's historical memory is particularly important. The study showed that: the public and scientific attitude towards memory goes through alternating periods of increased attention and decline; the issue is currently relevant due to the 80th anniversary of the Great Victory and the ongoing special military operation; information about tragic eras in the history of states is most firmly retained in people's memories; high-profile criminal events and crime in general generate the most interest compared to legal life in other areas of jurisprudence; memory issues are practically not studied in criminal law.
Conclusions. At the end of the article, a conclusion is presented in the form of seven points, the main of which is the assertion that human memory is a vast storehouse of experience, a universal means of identification and unity of ethnic groups, and that it has the ability to elevate criminal law, including through the institutions of guilt, retroactivity of the law, criminal record, amnesty and pardon, and statute of limitations. Criminal law experts should develop and offer the state technologies for accounting for social memory in order to more fully reflect the field of crime prevention.
Introduction. The norms enshrined in Art. 78 and Art. 83 of the Criminal Code of the Russian Federation are a legislative reflection of such a property of the legal regulator as the strength of criminallegal memory. In turn, the exceptions that do not allow the application of statutes of limitations for certain types of crimes act as an additional tool for differentiating the criminal-legal reaction.
Purpose. The presented study is aimed at describing the stages of the formation of the norms in question and identifying the need for their further change; studying foreign (post-Soviet countries) experience in limiting the scope of application of statutes of limitations in criminal law; establishing law enforcement trends and generalizing judicial positions on the issue of applying Part 4 of Art. 78 of the Criminal Code of the Russian Federation.
Methods. When conducting the study, an integrated methodological approach was used, including the following general scientific and specialized methods: general logical (analysis, generalization, analogy, induction), historical, comparative legal and statistical.
Results and conclusions. The current approach of the Russian legislator, which prohibits the application of statutes of limitations for a number of crimes, complies with international requirements and is generally similar to the current mechanism of legal regulation in the post-Soviet countries. The study examines the stages of formation and reform of Part 4 and Part 5 of Article 78 of the Criminal Code of the Russian Federation. The author notes the absence of grounds for expanding the scope of Part 5 of Article 78 of the Criminal Code of the Russian Federation. Based on judicial acts, the set of circumstances taken into account when considering the issue of non-application of the statute of limitations in accordance with Part 4 of Article 78 of the Criminal Code of the Russian Federation is summarized. According to judicial statistics, in recent years there has been an increase in the number of people generally released from criminal liability and punishment upon expiration of the statute of limitations, and especially for grave and especially grave crimes, including Part 1 of Article 105 of the Criminal Code of the Russian Federation. The latter is explained by the positive results of the work on investigating crimes of past years. The need to strengthen criminal-legal influence in relation to persons who committed simple murder by extending the effect of the optional procedure for applying statutes of limitations to such a crime (Part 4 of Article 78 of the Criminal Code of the Russian Federation) is substantiated.
PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
Introduction. Interest in the constitutional reform of 2020 does not wane, despite the rather long period since its completion. This is due to multiple changes in the constitutional text, including those related to the introduction of a new category of "unified system of public authority" and the legal consequences of legitimizing this idea and ensuring the corresponding principle at the level of current legislation. In this regard, an attempt to integrate local self-government into the public authority system seems especially relevant in a situation where Article 12 of the Constitution of the Russian Federation guarantees that local self-government is independent within its powers, and local selfgovernment bodies are not part of the system of state authorities. In this regard, the analysis of the municipal reform (which took a long period of time) seems particularly indicative, which, according to its authors (in the context of the new law on local self-government), one of its main goals was to implement the idea of a unified system of public authority in the legal space of modern Russia.
Purpose. The analysis of the reforms of the foundations of local self-government presented in this article over several decades is intended to show how the attitude of the domestic legislator to the understanding of the place and role of local self-government and its bodies changed at certain stages of the development of Russian society and the state. In particular, the goal was to determine how the understanding of public authority as a whole influenced the understanding of the place and role of local self-government in the context of its relationship with state authority.
Methods. When writing the article, general scientific, specific scientific and special research methods in jurisprudence were used. Particular attention was paid to cultural, sociological, historical and legal, comparative legal and formal and legal research methods.
Results. Based on the results of the study, provisions were formulated concerning the close relationship between the constitutional novella on a unified system of public authority and subsequent changes in legislation, as well as the long and politically determined history of the municipal reform.
Conclusions. The article proves that the general content and direction of the municipal reform were determined by the special approach of the political elite to the implementation of the course on the establishment of a unified system of public authority, formed over the decades of the existence of local self-government in Russia, since the beginning of systemic transformations within the framework of the organization of local self-government began long before the adoption of the relevant constitutional amendments and the subsequent changes in legislation. In addition, it is shown that it was not possible to completely abolish the two-tier system of local self-government due to the existing opposition from the subjects of the Russian Federation.
Introduction. The analysis of the ideas of conservative legal ideology in jurisprudence traditionally faces a whole range of general theoretical and methodological, concrete historical and value-semantic problems. The first problem is related to the fact that traditionally, the general theory of law is dominated by different types of understanding of the nature of the state (state understanding), which set fundamentally different research ways of considering this phenomenon. The second problem is related to the specific historical interpretations of the phenomenon of "conservatism" itself, with various conceptual and legal versions due to the socio-economic, political, cultural and other processes unfolding in society. The third problem is caused by the specific discourse of conservatism itself. The fourth problem is related to the so-called time perspective and chronotypic characteristics in understanding fundamental state-legal, as well as other phenomena and processes of social life.
Purpose. To consider the main types of conservative legal ideology that have developed within the framework of individual state doctrines, as well as to identify the theoretical, historical, and methodological problems of the conservative idea of law in the context of various approaches to the essence of the state.
Methods. The work uses the following methods: historical-legal and axiological methods for analyzing the Marxist doctrine of the state, which focuses on the specific historical structure of relations and public power domination, which reflects the nature and essence of the state; comparative-legal method for examining various approaches to the formation of the state institution (civilizational, natural law doctrine, and analysis of conservative legal theories); and methods of the history of political and legal theories, including theoretical, logical-semantic, and comparative-historical methods.
Results. The article examines the theoretical, historical and methodological problems of various state doctrines through the prism of conservative legal ideology, reveals its connection with various types of understanding of the essence of the state, law and other phenomena and processes of social life. The article contains an analysis of various interpretations of state and legal development in comparison with various trends and ideas of conservative ideology. The main conservative legal traditions are also considered and their essence is determined.
Conclusions. In modern conditions, conservative legal ideology cannot be considered solely as an antithesis to the rationalist theory of liberalism or the natural law theory of the liberal-democratic state: it is much more complex due to the incorporation of conservative ideas and values into various concepts of state development. Conservative ideas are present, among other things, in neo-Marxist and natural law concepts, representing a complex and multifaceted phenomenon that varies depending on the historical, cultural, and methodological context. It is obvious to all representatives of different doctrines that conservatism plays a key role in the formation of a stable and harmoniously functioning legal order, in which the combination of traditional values with modernization values is the basis for stability. This synthesis is characteristic of the three types of understanding of the state. If the Marxist approach understands the state as an instrument of class domination that reflects socio-economic relations, then conservatism is necessary to consolidate this domination. The civilizational approach, which views the state as a product of culture that ensures stability and legitimacy through adherence to national traditions, is interested in the legalization and preservation of these traditions. In a post-liberal society, the natural law doctrine interprets the state as the embodiment of the natural order that protects human rights and freedoms, where the conservative Christian tradition serves as a guarantor of their protection.
Introduction. The article is devoted to the analysis of the legal status of the non-Muslim population in the territory of the Ottoman Empire during the establishment of the millet system and the first stage of its existence. The author analyzes the norms of Muslim law in terms of regulating the life of the non-Muslim population within the framework of Islamic jurisdiction, and, taking into account historical and historical-legal material, sheds light on the issue of the relationship between the doctrine of Islamic law in terms of regulating the life of non-Muslim communities and the administrative practices used by the Ottoman authorities. The role played by the millet system in shaping the structure of Ottoman society is shown.
Purpose. The publication aims to highlight, firstly, the role of the institution of the millet system in the formation of specific socio-political conditions of existence and development of the heterogeneous Ottoman society; secondly, the significance of the social conditions of the Ottoman society in the development of the legal system of the Porte, including in terms of regulating the life of non-Muslim communities - millets.
Materials and methods. The methodological basis of the study was a systematic analysis of scientific literature and sources on the relevant topic in Russian, English, Turkish and Greek.
Results. The author's vision of the problem of the formation of the pre-modern social structure of the Ottoman society is shown on the basis of the legal division of society into autonomous and little interacting with each other segments - millets. The author also shows and explains the role of the doctrine of Islamic law in the formation of the specific Ottoman socio-political reality.
Conclusions. The millet system of the Ottoman Empire, which at the time of its creation represented an effectively functioning social structure of the entire Ottoman society, over time turned out to be too ossified and little susceptible to reform, which negatively affected the attempts of the Tanzimatists to carry out transformations and modernize the old building of the Porte. This became one of the reasons for the collapse of the Ottoman state. Muslim law as an independent legal system, which operated in the territory of the Ottoman Empire in combination with the secular sultanic law – the kanuns, made a significant contribution at the stage of the formation of the millet system and its structural design, but this also served as the reason for the gradual ossification of the social structure of Ottoman society and the subsequent stagnation.
PROBLEMS OF INTERNATIONAL, CIVIL AND BUSINESS LAW
Introduction. In world practice, the position of the need for free communication of information about the adoption to interested parties is becoming more widespread. This position is already being implemented in a number of countries by openly and unconditionally providing an adopted child with access to birth documents (and even before reaching adulthood), as well as by striving for a full transition to "open" adoption procedures. In our country, the approach of maintaining the secrecy of adoption has been preserved. Recognizing that an abrupt change in the legislative paradigm does not meet the interests of modern Russian society, it should be noted that there is a need for certain changes, in particular, to simplify obtaining information about biological relatives of a child who was adopted.
Goal. The analysis of the existing problems of legislative regulation and the practice of its application in the field of providing information about adoption, the need to preserve the secrecy of adoption. Development of proposals for improving legal regulation in order to increase the effectiveness of protecting the rights and interests of individuals who have been adopted.
Materials and methods. The methodological basis of the research was made up of general and special methods of cognition: dialectical, analytical, formal-logical, as well as comparative-legal. In addition to the traditional study of regulations and judicial practice, the information contained on the Internet was analyzed - on the websites of government agencies (the Registry Office information and analytical portal, the websites of the Judicial Department, the Constitutional and Supreme Courts of the Russian Federation, the websites of guardianship authorities), including similar resources from foreign countries.
Conclusions. A review of the legislative position on limiting the right of an adopted child (and later his descendants) to receive information about biological relatives is required. It seems necessary to conceptually recognize the possibility of government institutions participating in the exchange of information between adopted children and biological relatives in the future during the development of genomic registration. The regulation of these relations should be based on international experience, both in the field of legal regulation and in the analysis of the impact of technology development on public access to information.
Introduction. Due to rapid technological development, artificial intelligence systems (AI) are increasingly used in various social and legal domains, such as recruitment, judicial decisions, and credit scoring. Although these technologies may appear neutral, the data they rely on and their learning processes often replicate and reinforce pre-existing structural biases, resulting in both direct and indirect discrimination against certain social groups.
Purpose. To analyze the issue of algorithmic discrimination arising in the decision-making processes of AI systems from the perspective of international law and human rights.
Theoretical Basis. The article explores the legal and technical dimensions of algorithmic discrimination. Legally, such discrimination does not align with traditional concepts, as the focus shifts from “intent” to “impact.” This complicates legal assessment and the burden of proof. Technically, many algorithms function as “black boxes,” meaning their decision-making processes are opaque, making legal intervention more difficult.
Results and Conclusions. It is argued that the current international human rights framework – including instruments such as the ICCPR and ICERD – is insufficient to address this issue. These normative gaps are due not only to technical complexity but also to weak state compliance and the absence of specific legal standards.
Individual legal protection mechanisms – such as the European Court of Human Rights (ECtHR), UN Treaty Bodies, and the Inter-American Court of Human Rights – are currently ill-equipped to respond effectively due to limited technological expertise and procedural barriers.
The article highlights the European Union’s relatively advanced approach through instruments like the AI Act and GDPR, while pointing out the significant gaps that remain in the United States and Global South countries. The article concludes with recommendations, including strengthening the international legal framework, aligning national legislation, establishing specialized institutions, and mandating algorithmic impact assessment.
Introduction. In the sphere of turnover of agricultural land plots, there is an acute conflict of interests between large agro-industrial organizations acting as lessees of land plots and owners of plots acting in the lease agreement as lessors with multiple persons on this side of the agreement.
Purpose. To analyze the dynamics of legislative decisions and law enforcement practice in the field of agricultural land lease with an emphasis on finding a balance of interests of the parties in a situation of multiple persons on the lessor's side; to discuss the lessee's possibilities in acquiring the leased property.
Materials and methods. The study used such general scientific methods as analysis, deduction, analogy, and dialectical method. The theoretical basis of the work is the works of Russian scientists devoted to the study of methodological categories of civil law. Among them are Alekseev S.S., Em V.S., Zekkel E., Sukhanov E.A., Sklovsky K.I., Chuprunov V.S. and others.
Results. The study was conducted on the issues of parity of the parties to the lease agreement for agricultural land plots with multiple persons on the lessor's side. The disposal capabilities of an individual co-lessor were considered. Legislative decisions protecting the lessee's interest in continuing to own the leased property were analyzed. The consequences of agreeing on the lessee's preferential right to acquire the leased property in the lease agreement were assessed. The issue of protecting such an advantage was considered in several aspects: criteria for the proper method of protection and possible analogy; the essence of the preferential right; the idea of justice.
Conclusions. The practice of executing land lease agreements reflects the economic need to protect an agricultural producer who legally owns a land plot on the basis of a lease. A co-owner of an agricultural land plot who has "fallen" into such a legal relationship without the right to allocate the land plot in kind experiences significant restrictions compared to any other co-owner. Therefore, in order to ensure parity, it is important to recognize the possibility for such a co-owner to block by his own will the renewal of the lease agreement for a certain or new term, or, at least, the unconditional right to allocate a share in kind upon expiration of the agreed lease term.
Introduction. The article is devoted to the analysis of the problems associated with including cryptocurrencies in the bankruptcy estate during the bankruptcy proceedings of individuals, which has become particularly relevant due to the growing value and circulation of digital financial assets in Russia, as well as their specific characteristics. Despite the legislative recognition of cryptocurrencies as property (under the Civil Code of the Russian Federation and Federal Law No. 259-FZ "On Digital Financial Assets"), their anonymity, high volatility, and lack of centralized control create challenges in identifying, valuing, and liquidating cryptocurrencies in bankruptcy proceedings.
Purpose. To examine the key issues of including cryptocurrencies in the bankruptcy estate, analyze judicial practice and regulatory conflicts, and develop proposals for improving regulation to balance the interests of creditors and debtors.
Methods. Empirical methods of analyzing court decisions, theoretical methods of systemic and logical analysis. Special legal methods: formal legal analysis of regulatory acts, comparative legal approach. The theoretical basis includes the works of Russian legal scholars, judicial practice materials, and the positions of regulators.
Results. The study found that cryptocurrencies, despite being recognized as property, remain a complex asset for inclusion in the bankruptcy estate due to their anonymity, high volatility, and lack of centralized control. Key challenges in including cryptocurrencies in the bankruptcy estate during individual bankruptcy proceedings include: difficulty in identifying assets without voluntary disclosure by the debtor, the absence of standardized valuation and conversion methods for cryptocurrencies, fraud risks, and a lack of expertise among bankruptcy trustees in handling digital assets.
Conclusions. To improve the transparency and efficiency of bankruptcy proceedings, the authors propose the following measures: establishing a mechanism for accounting and managing cryptocurrencies in bankruptcy procedures, creating a unified registry of crypto-asset holders, expanding trustees' authority to request information, and developing standards for the valuation and liquidation of digital assets. Implementing these measures will minimize risks for both creditors and debtors, ensuring fairness in bankruptcy proceedings amid the digitalization of the Russian economy.
PROBLEMS OF CRIMINAL AND PROCEDURAL LAW
Introduction. Currently, legal liability for various types of socially dangerous propaganda has become widespread, both in the norms of the Code of Administrative Offences of the Russian Federation and the norms of the Criminal Code of the Russian Federation. The rather complicated nature and close semantic meaning of the term "propaganda" with other terms used by legislators in these norms as an alternative to propaganda or its tool makes the purpose of the article relevant – a detailed study of these norms in order to identify gaps and inconsistencies in the terminological arsenal used in standard-setting practice when developing and introducing articles on responsibility for propaganda in the above-mentioned codes.
Methods. The normative basis of this study was some fundamental norms of the Constitution of the Russian Federation, the norms of the Code of Administrative Offences of the Russian Federation and the Criminal Code of the Russian Federation, which provide for legal liability for various types of propaganda, as well as criminal legislation and legislation on administrative offences in some neighboring countries. The methodological basis of this research consists of the dialectical method of cognition, historical-legal, comparative-legal, systemic-structural and some other methods of scientific cognition.
Results. This study examines the semantic aspects of the use of the term "propaganda" by legislators in the norms of Russian legislation on administrative offenses and criminal law, which today provide for responsibility for various types of socially dangerous propaganda in our society. Familiarization with the works of linguists regarding their interpretation of the term "propaganda" revealed some discrepancy in its understanding in linguistics relative to the understanding of this term in jurisprudence. A comparative study was conducted with other terms denoting actions (alternative) that are similarly punishable by propaganda, regarding their semantic similarities and differences, as well as the proportionality of their danger to society, including the position of the Supreme Court of the Russian Federation and the analysis of judicial practice in different regions of Russia.
Conclusions. The results of the closest semantic similarity of propaganda with other terms used by legislators are presented. Some actions provided for by the criminal law and the legislation on administrative offenses are alternatively (equivalently) punishable by propaganda, which, according to the authors, are significantly less dangerous. In some of the analyzed norms, terms were found to be subject, according to the author's conclusions, to exclusion from these norms. A proposal has been put forward on the expediency of introducing universal definitions into the Code of Administrative Offences of the Russian Federation and the Criminal Code of the Russian Federation to apply to all norms providing for legal responsibility for various types of propaganda in these codes.
Introduction. The scientific article reveals some modern problems of information security of the Russian society and the state in the context of emerging risks, threats and open attacks. Criminal manifestations and confrontations in various spheres of public and political life, realized in the information space of the global network and using IT technologies, are considered. At the same time, according to current statistics, in recent years, special services have arrested dozens of spies, as well as thwarted attempts by a huge number of Russian citizens trying to transfer classified information to other states, which undermines the national security of our country.
The article outlines the problems of legislation and the practice of its application in protecting the digital space in Russia and ways to overcome them, types of cybercrimes and the author's vision for improving criminal legislation in this area.
Purpose. A detailed study of the strategy, tactics and methods of information warfare for the development of an active counteraction system.
Materials and methods. To achieve the above-mentioned research goal, such methods as systemstructural analysis, statistical method, method of transition from a general concept to a particular one, comparative legal method, method of legal modeling were used. The opinions of scientists expressed in published scientific papers on similar subjects were also taken into account.
Results. From the point of view of criminal law norms, the forms of information warfare are considered. The emphasis is placed on the high subversive, extremist and terrorist potential of crimes committed on the Internet and through information databases. The composition of ordinary crimes is analyzed, in which the method of committing a crime via the Internet appears as an optional feature of the objective side.
Conclusions. It is proposed to supplement part of the norms of the Criminal Code of the Russian Federation with clarifying formulations of the qualifying sign of its commission "using information and telecommunication networks, including the Internet," since the use of electronic and information and telecommunication networks in the commission of a crime increases the degree of its public danger by simplifying the commission of the act, anonymity of criminals as well as the magnitude, speed and depth of the negative informational terrorist impact on society.
Introduction. The historical human concept of the inexhaustibility of natural resources, including aquatic biological resources, subsequently led to the depletion of aquaculture components. Currently, it can be stated that some of them have completely disappeared from the reservoirs of our state. In this regard, the state's policy in the field of protection of aquatic biological resources, its adequate response through administrative and criminal legislation to the situation in this area, and the development of measures to effectively prevent environmental offenses and crimes are of particular importance.
Purpose. Research of the current state and measures of effective counteraction to crime in the field of aquatic biological resources.
Materials and methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem.
Results. Effective crime prevention in the field of aquatic biological resources involves the study of all its components. In particular, the determinants of environmental crimes are of particular interest. Thus, as a result of this study, it has been established that aquatic biological resources are being destroyed solely for selfish reasons, for the purpose of profit. Of particular importance is the study of the personal characteristics of persons who have committed such crimes. Having studied the materials of judicial practice, data from reports of law enforcement agencies, the authors came to the conclusion that the criminal acts in question are committed overwhelmingly by middle-aged men who do not have higher education and have low earnings.
Conclusions. The authors of the article have established that effective prevention of poaching for aquatic biological resources should begin first of all with educating citizens about their irreplaceability and limitations. It is also necessary to take measures to eliminate corruption in law enforcement agencies. Further, it is proposed to restrict the sale of prohibited fishing gear at the legislative level. In addition, it is necessary to establish control on the Internet over the dissemination of information that serves as a provocation for committing crimes in the field of fishing.
Introduction. The category of "exposure" occupies a central place in the criminal process and criminology. Its genesis can be traced from the Statute of Criminal Procedure of 1864 to the modern Criminal Procedure Code of the Russian Federation.
Purpose. Theoretical and legal study of the content of the category "exposure" in the context of criminal prosecution.
Theoretical Basis. The theoretical basis of the author's research on the category of "exposure" covers key conceptual aspects: criminal procedure (normative bases and procedural forms), criminal law (qualification criteria), criminalistic (tactical, psychological and methodological support). Such a three-pronged approach allows not only to deconstruct the very category of "exposure", but also to reveal its system-forming role in the criminal legal reality.
Results. Collisions in the norms of clauses 55 of Articles 5 and 21 of the Criminal Procedure Code of the Russian Federation were identified, definitions of operational-investigative and criminal-procedural exposure were formulated.
Conclusions. Exposure is a multidimensional, dynamic, step-by-step, differentiated, cognitive activity of authorized subjects (officials of operational investigative bodies, investigator, inquirer and prosecutor) to establish and legally fix the involvement of a person in the commission of a crime, implemented in a number of procedural forms. It seems correct to consolidate the concept of operational-investigative exposure in the law on operational-investigative activities, in the following form: "operational-investigative exposure of a suspected person is the activity of operational–investigative bodies to collect, form and transfer evidentiary (non-procedural) information about his involvement in a crime to the preliminary investigation body, the prosecutor or to court".
Introduction. This article examines the grounds for establishing the identity of the parties for the purposes of applying the principle of res judicata, used in the civil procedure of Russia and the United States. A comparative analysis of the conditions of identity of the parties for the application of preclusive and prejudicial effects in Russian and American law is carried out, similarities and differences in approaches to the dissemination of its effects to third parties are revealed.
Purpose. To conduct a comparative legal analysis of the conditions of identity of the parties for the application of preclusive and prejudicial effects in Russian and American law, to identify similarities and differences in approaches to the dissemination of its effects to third parties.
Methods. To achieve the above-mentioned research goal, such methods as system-structural analysis, statistical method, method of transition from a general concept to a particular one, comparative legal method, method of legal modeling were used.
Results. he Russian and American approaches to determining the identity of the parties for the purposes of applying the principle of res judicata have significant similarities. In both systems of civil procedure, establishing the identity of the parties is a prerequisite for the application of both preclusive and prejudicial effects. At the same time, both Russian and US law use a non-literal interpretation of the concept of identity and, under certain conditions, res judicata may be extended to third parties who were not involved in the original dispute. At the same time, the American regulation of identity issues is broader than the Russian one and includes a large list of possible grounds for its establishment. In particular, in the US civil procedure, the principle of res judicata is applicable to third parties who exercised de facto control over one of the parties during the dispute.
Conclusions. It is noted that the current Russian procedural legislation can be improved using the American experience in expanding the list of cases in which res judicata applies to persons who did not participate in the original case.
REVIEWS
The review of the collective monograph "Municipal Constitutionalism: legislation, law enforcement, judicial guarantees" notes the relevance of issues actively discussed on its pages: municipal constitutionalism as a new category of domestic jurisprudence, its institutions (legal regulation and implementation), the judiciary as a guarantor of municipal constitutionalism, etc.
A significant place in the reviewed monograph is occupied by a block of issues that affects the immediate legal consequences of the integration of local self-government into a single system of public authority, which, in a formal legal sense, occurred during the constitutional reform of 2020. The latter is not formal, but it is a partial reorganization of the complex system of relations between federal, regional and local authorities in terms of greater manageability, dependence and subordination to the latter. This block of issues, anticipating the adoption of the new law, is also reflected in the presented collective monograph. A distinctive feature of the reviewed publication is the close connection between general theoretical and practical material. The presented work provides an opportunity not only to familiarize oneself with the conceptual approaches concerning the phenomenon of municipal constitutionalism itself, but also to "track" the practice of protecting the institution of local government and, in general, ensuring local self-government in modern Russia. This publication will undoubtedly be of interest not only to representatives of Russian legal science (including undergraduates and postgraduates), but also to practitioners.
SCIENTIFIC LIFE
MEMORY PAGES
EQUIREMENTS FOR THE PREPARATION OF ARTICLES
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