Volume 17, Nº 8 (2024)

National security is one of the key concepts that determine the stability and integrity of the state. In the context of globalization and modern challenges such as terrorism, cyber threats, environmental disasters and economic crises, the mechanisms for ensuring national security are becoming increasingly complex and multifaceted. In Russia and foreign countries, these mechanisms have their own characteristics, the roots of which go back to the history, culture and political system of each specific state. This section will consider how the mechanisms for ensuring national security were formed and developed in Russia and other countries, as well as their relationship with legislation.

Objectives of the study. The article proposes to pay attention to the scientific category of a legal experiment for its subsequent analysis in public law regulation of foreign trade in goods. The theoretical bases of experimental legislating, prerequisites of adoption and features of experimental legal acts, criteria for measuring of the obtained results are investigated. Examples of legal experiments in the sphere of foreign trade turnover are considered. The proposed types of wording and peculiarities of the experimental method in improvement of the institution of customs control, in introduction of new schemes of interaction between the state and business are considered to see if they are applicable. The possibility of experimental regulation of cross-border electronic trade in goods is mentioned. The forced (unplanned) legal acts aimed at ensuring economic and food stability of the Union member states are highlighted. Conclusions. Comparative analysis of the theory and practice of experimental regulation of foreign trade in goods indicates an active interest of legislating bodies in the method of a legal experiment. Experimental acts are used in customs, customs tariff, non-tariff and other spheres that have a legal impact on foreign trade relations. Each level of regulatory competencies (union, national) allows for legal experimentation. Experimental legislating is marked by different names of documents (experiment, pilot project, temporary order), but has one main feature—it is in force temporarily. It is a temporary character of legal regulation of foreign trade in goods that distinguishes legal experimentation from regular legislating.

Since the collapse of the USSR and up to the present time, Russia has been in search of an optimal political and legal model that would ensure the progressive development of the country. The question of the relationship between the general government and the regional government is one of the most acute in modern Russia. Throughout its history, Russia has been and remains a multiethnic and multi-religious country which was reflected in the nature of the relationship between the general government and the regional government. The history of world and domestic political and legal thought acts as a foundation for the contemporary theoretical quest, and the existing model often reflects the practices of the previous period. Although the study of federalism has now reached an advanced stage in many aspects, unfortunately, the works of many Russian pre-revolutionary legal scholars devoted to the study of federalism were banned and censored during the Soviet period and remain undeservedly forgotten. Studying their scientific heritage, original views on the essence and future of federalism in Russia, we have the opportunity to better understand the problems of modern Russia in the matter of building and implementing federalism.

The purpose of the research. The article is devoted to the study of the mechanism for ensuring public order. Close attention is paid to public order in legal science and practice due to its significance for the normal development of the entire society. Attention is drawn to the fact that public order and its state are traditionally one of the most important issues that are considered with the participation of the President of the Russian Federation at the annual boards of the Ministry of Internal Affairs of Russia. The normative legal basis of the phenomenon under consideration applies to the activities of the entire law enforcement system and public administration. It is noted that there is no common understanding of the institution in question, and the main reason for this is the lack of its legislative definition. The emphasis is placed on the fact that the state of public order is largely determined by the effectiveness of the mechanism for ensuring it. In turn, such a mechanism includes various elements: subjects endowed with government powers; other participants in ensuring public order; regulatory legal acts in the field of ensuring public order; methods of ensuring public order.

The purpose of the research. This scientific article (a summary of the results of scientific research) notes the significant influence of the theoretical developments of outstanding legal experts in the field of labor law on various institutions of the branch of law, including labor protection, and, accordingly, on the guarantees of the right of workers to labor protection. Other main scientific results are also presented. Results. The fifth scientific and technological revolution, digitalization and various innovations have a significant impact on the realization of the right of workers to occupational safety in the 21st century. The special importance of the genesis of the theoretical aspects of guarantees of the right of workers to labor protection is noted.

Research objectives. The purpose of the study is to identify the role of notarization of contracts on the alienation of real estate in ensuring the reliability and protection of the rights of citizens and legal entities. This is emphasized by the authors, analyzing the advantages of a mandatory notarial form for real estate transactions. The draft law on amendments to legislation, which addresses issues of notarization, is of indisputable importance. The analysis of this institution reveals its social significance and the need for notarial support of real estate alienation transactions. In the context of the article, cases are examined in detail when notarization becomes a key point in ensuring the security and legality of real estate transactions. Conclusions. Thus, modern solutions in the field of registration of real estate transactions should strive for a balance between state control and private notarization. The use of notarization not only simplifies the processes of registration of transactions, but also is an effective tool in the fight against crime. The expansion of the scope of application of the notary can significantly increase the level of trust of citizens in the legal system.

The article examines the issues of legal regulation of the prosecu-tor's office and its role in supervising the rule of law, while prosecutorial supervi-sion is universal in nature, covering areas of activity regulated by the norms of various branches of law. Thus, the originality of prosecutorial supervision lies in the fact that it is constantly connected to sectoral mechanisms of legal regulation. Where the subject of prosecutorial supervision is lawmaking and law enforce-ment acts of government structures and officials. In addition, prosecutorial su-pervision is distinguished by its regulation by the norms of the Constitution of the Russian Federation, Federal Constitutional and Federal Laws, that is, it has a constitutional status on a par with the status of a branch of government. Prose-cutorial supervision is universal in nature, covering all legal forms of legally sig-nificant activities - from legal and law-making to law enforcement, control activi-ties, it is distinguished by specific results and legal consequences of operation. The purpose of the presented research is that the organization and activities of the prosecutor’s office are based on the concept of the unity of the rule of law and the mechanism for its implementation. This activity is aimed at ensuring strict compliance and execution of the uniform application of the law in the sys-tem of public administration, justice and public organizations by all officials as well as citizens. At the same time, the social nature of prosecutorial supervision is determined by the special nature of prosecutorial power, its difference from other forms of exercise of state power: representative, administrative (public) and judi-cial. Based on the research, the author comes to the conclusion that prosecutori-al supervision is a legal form of state activity of authorized entities and exists in real life along with other government-organizational forms of activity. The legal form of prosecutorial supervision is different in that it is designed to provide fa-vorable conditions for solving the tasks facing it.

The article analyzes current issues and problems of implementing judicial control when choosing a preventive measure in the form of house arrest. Particular attention is paid to the judicial practice that has developed in the application of this type of judicial control. The advantages of house arrest over other preventive measures are noted. In addition, the author puts forward proposals for improving the institution of house arrest.

The presented article actualizes the problem of using analogy in the current criminal legislation, draws attention to the fact that a more complete understanding of it is possible only when considering examples of its application in the history of domestic criminal law regulation. Based on the study of Soviet criminal legislation, the attitude to analogy in the specified period is revealed, the peculiarities of the implementation of this legal and technical tool are revealed.

The authors examine the process of decriminalization of drug policy through the international human rights dimension. The aim of the study is to analyse the impact of international human rights initiatives on the established international legal regime against drug trafficking, as enshrined in the three main UN conventions. The authors note the high degree of state participation in these conventions and emphasise that the main objective of the three conventions is fully consistent with the international human rights dimension, as it also aims to strengthen the ‘foundations of society’. The article highlights the ‘demands’ of the proponents of decriminalization, who advocate the legalization of a number of narcotic substances under the pretext of protecting human rights, because they believe that today there has been a failure of the international regime against drug trafficking. According to the authors, there are many factors contributing to the growing number of drug addicts, including a divergence in the approaches of States on key aspects of effectively combating illicit trafficking in narcotic drugs and psychotropic substances. As a result of the study, the authors conclude that strict control should be maintained, as the existing international legal regime not only does not contradict human rights standards, but also aims at their implementation, ensuring the protection of the health and well-being of society.