Vol 17, No 7 (2024)

The article considers historical documents of the procedure for opening tavern facilities, the peculiarities of changing to their individual types (furnished rooms, drinking establishments), the specifics of their functioning, the responsibilities of the owners and managers of these places, the relationship with officials persons competent to make decisions on the opening and operation of this type of business. Significant attention paid to the duties of the police to control arrivals for temporary accommodation in hotels, furnished rooms, apartments, inns and departing from them. The content of such control by the police is disclosed through the examination of entries in a special book established for this purpose by authorized officials of the bernias (regions), cities, settlements. As well as direct visits by police officers to tavern fishing, direct perception of the messages of the owners of houses or managers of the fishing. Views are displayed criminal sanctions for failure to comply with procedural issues related to the activities of this type of fishing. Situations of police decision-making are given, including the temporary closure of some designated denii. Attention was drawn to the specifics of the legal activities of the police related to the implementation of the provisions of various regulatory acts belonging to various branches of law and administrative activity. The nature of the measures taken by the police to suppress prohibited entertainment in establishments is presented tavern industry.

This scientific article is devoted to the legal structure established by clause 3 of Article 310 of the Civil Code of the Russian Federation, namely, the fee for renunciation of the contract. This design is a contractual condition that is established by entrepreneurs in order to ensure the stability of legal relations. Public interference in such contractual relations is excluded, however, only until the moment when mandatory norms of the law begin to be violated. In this case, the most pressing issue for the law is the limits of such interference, in particular, judicial. There is no legislative provision for the possibility of reducing the established fee for withdrawal from the contract. At the same time, to date, the Supreme Court of the Russian Federation has established conditions under which a reduction in the amount of payment stipulated by the contract can be made, which in practice creates a wide scope of judicial discretion. The author of the article, referring to the opinions of honored domestic lawyers, as well as to key acts of judicial practice, presents his position on the content and specifics of the implementation of conditions that allow reducing the amount of fees for renunciation of the contract.

The article examines the problem of differentiating the phenomena of "forced migration" and "forced migrant" from other related concepts that exist in Russian political and legal practice, including the concepts of a forced migrant and a compatriot abroad.

The need to study this problem is due to the growing relevance of forced migration issues in connection with the tense geopolitical situation throughout the world, the growing number of refugees and other categories of forced migration and the need to ensure high-quality legal regulation of forced migration issues.

The purpose of this article is to study the phenomena of forced migration and a forced migrant, to identify key features that allow separating these concepts from other related legal concepts.

In the article, within the framework of the conclusions, the key features of forced migration are identified and considered, qualitatively distinguishing this phenomenon from other related concepts and phenomena and allowing it to be singled out as an independent political and legal category. The most significant signs of forced migration include such signs as forced movement, caused by the main goal - to prevent harm to life and health, as well as imprisonment for their beliefs, as well as the absence of socio-cultural ties with Russian society and the state, which predetermines the objective need of forced migrants for measures for social adaptation and integration in the territory of the state of arrival.

Taken together, these signs allow us to distinguish the concept of forced migration and a forced migrant from other related legal phenomena.

The purpose of the research. This article studies the classification of atmospheric air as an object of legal protection. The main criteria for identifying objects of legal protection in legal science as a whole are studied, and the requirements imposed on certain institutions for the purpose of defining them as objects of legal protection are analyzed. The author also studies the main regulatory legal acts of the Russian Federation in this area and substantiates his/her reasoning using actual examples. Conclusions. As a result of the study, the author concludes, that atmospheric air is an independent object of legal protection, qualified by special features that allow for the allocation of independent legal regulation for its protection. The author highlights the most significant principles of protecting atmospheric air as an object of legal protection. Based on the studied data, the author was able to identify the key problems that legal regulation of atmospheric air currently faces, as well as propose ways to solve them based on an integrated approach. The author concludes that atmospheric air is a complex and irreplaceable element, the competent legal regulation of the protection of which in the context of global environmental challenges faced by modern humanity plays one of the most significant roles.

The article is devoted to the analysis of the legal category of property rights, considered as subjective civil rights. The author focuses on the study of the general category of subjective civil rights. It is noted that the prevailing point of view in the doctrine is the understanding of subjective civil rights as a measure of possible (permissible) behavior of an authorized person. However, this is not the only position of scientists. In particular, many scientists reveal the legal nature of the concept under consideration through the possibility of demanding certain behavior from an obligated person, the possibility of using a mechanism of state coercion in case of non-fulfillment by an obligated person and the possibility of an authorized person using a certain social good on the basis of subjective civil law belonging to him.

The article highlights the doctrinal discussions about the possibility of the existence of subjective law "outside the legal relationship", as well as the criteria for distinguishing absolute and relative legal relations.

As a result of the conducted research, the author formulated the following theoretical definition of property subjective rights, which are proposed to be understood as a means of satisfying the property need (interest) of an authorized person, by its legal nature expressed in the possibility of a person's behavior secured and protected by the norms of objective law in relation to the object of subjective civil law (in absolute legal relations) or in relation to a third person (in legal relations of obligations).

The article raises the issue of the deficit of legal foundation of social partnership in education, in particular agreement on the partnership. The review of recent pedagogical and sociological researches on public private partnership in education suggests that despite regular incentive efforts of the federal government, the examples of such partnership are random, popular with enterprises with state participation, and thus ineffective nationwide. The objective of the article is a research of existing law for the agreement on partnership between educational establishment and economic entity, legally reliable as well as economically and socially attractive for both parties. From this point of view, Labour Code and Federal Laws of the Russian Federation, along with recent scientific research in Civil Law have been studied. It is stated that the definition of social partnership as well as public private partnership are unable to encompass the wholeness of interaction, which is understood as social partnership in education. Scientific research confirms that the definition of public private partnership, its object, the legal status of the latter ought to be diversified. The potential of non-profit partnership that will permit shifting the function of the state from execution of its social obligations to its control is revealed. In conclusion, the definition of social non-profit partnership in education is suggested, yet it needs to be appraised as well as studied further. This in turn should attract professional attention to the issue.

The purpose of the study. The article deals with the problems of civil circulation of information in connection with a noticeable increase in its volume. The author does not dispute the possibility of recognizing information as an object of civil rights and turns to the consideration of practical situations that to some extent undermine the authority of the dispositive method of civil law regulation. Due to the frequent cases of turnover of information that has no actual value, the author analyzes the system-forming features of information, considers the relationship between the concepts of "information" and "knowledge". The purpose of the study is to develop criteria that allow recognizing information as economically valuable and substantiating the possibility of information participation in civil circulation. Conclusions. As a result of the conducted research, the author comes to the conclusion that it is necessary to supplement contractual structures devoted to the circulation of information with system-forming criteria, the observance of which should be formalized by imperative prescriptions. Such criteria, according to the author, should be objective usefulness and practical applicability. The article substantiates the expediency of fixing such criteria from the point of view of effective protection of subjective civil rights and ensuring the stability of civil turnover. The author's conviction is justified not only by the increased volume of information resources, but also by the general principles of civil legislation.

Problems. The presented article examines the problem of integrating digitalization into legal activity, which has actualized questions about the ethical and moral aspects of training specialists in the field of law on the basis of new value-semantic aspects of legal education, which sharply increased the requirements for lawyers of the new formation. It is stated that the success of a modern lawyer is due not only to the presence of certain elements of information culture in his arsenal, but also to the practical mastery of digital competencies at a sufficiently high level, which creates the need to reform the legal education system as a whole. Research methods. The author used methods of system analysis, synthesis and modeling. The results of the study. The author concludes that the digitalization of legal education can be considered as a positive phenomenon requiring the search for new approaches to its improvement, and the process of digital transformation of the legal education paradigm is inevitable and expedient. This conclusion is confirmed by the results of studies that have shown that with the use of new tools, algorithms for the movement of mental processes (their intensity, duration, sequence) change in humans. The substitution of some functions by others leads to a restructuring of the entire structure of behavior.

The scientific report concerns some areas of improvement of criminal legislation in the field of ensuring state and public security in the digital world. In recent years, there has been an increase in foreign attempts to change Russia's foreign policy through interference from abroad in the affairs of the state, including through the extensive use of digital technology. Such interventions are directed against State and public security. In modern conditions, the activities of the Russian Federation are aimed at strengthening state power, preventing and repelling attempts to interfere in internal affairs. In this format, the effectiveness and efficiency of legislation, especially criminal law norms, is important. Criminal law should serve to create a new national security system within the framework of the strategic interests of the Russian state. In recent years, in order to improve the system of stability, security and integrity of the state, the legislator has supplemented Chapter 29 of the Criminal Code with new norms. Some definitions have sparked discussions in the theory of criminal law. The authors note their point of view and suggest some ways to eliminate gaps.

The choice of the research topic is also determined by the criminological features of financing terrorist and extremist crime in the digital age. The financing of terrorist activities has taken on a more veiled form in a digital society. In order to establish a criminological picture of criminal financing and other criminal encroachments on state and national interests, sociological methods have been widely used.

The article is devoted to the problem of introducing elements of electronic justice in order to ensure a rational workload for judges of courts of first instance and improve the quality of judicial acts. After the digitalization of court records management, the introduction of electronic schedules of court hearings, electronic document management and the receipt of documents in electronic form, the goal of further implementation of electronic legal proceedings has emerged and the need for a transition to electronic justice in the literal sense has increased. It is proposed to begin the implementation of this goal with the transition to electronic court hearing minutes and the refusal to duplicate them on paper. In civil cases, the task is to automate legal proceedings, transfer legal proceedings from written documents to electronic machine-readable documents. In criminal cases, it seems appropriate for a gradual transition to electronic technologies as a first step to recognize the electronic protocol of the court hearing as the main one with the issuance of electronic copies to the parties for review and submission of comments, and copies and extracts on paper media to be issued only to persons upon their request.

A conclusion was made about the need to introduce automated machine-readable production of procedural acts, decisions and sentences through the digitalization of justice at a new level with elements of artificial intelligence, using the high formalization of law and computer programming methods.

The purpose of the stated study is to determine what is the measure of the public danger of an act when deciding on the application of the provision provided for in Part 2 of Article 14 of the Criminal Code of the Russian Federation. The article analyzes judicial acts in criminal cases and court rulings in cases of administrative offenses, evaluates the criteria chosen by the law enforcement officer for a low degree of public danger of the committed act in specific cases of application of Part 2 of Article 14 of the Criminal Code of the Russian Federation. The main mistakes that are made by the court when deciding whether to recognize an act (or an administrative offense) as insignificant are noted. The study used systemic and structural approaches; formal-legal, sociological, formal-logical. As a conclusion, it is noted that the court, applying the provision provided for in Part 2 of Article 14 of the Criminal Code of the Russian Federation, takes into account the totality of circumstances of the actually committed act, indicating that no significant harm was caused to the object of criminal law protection or that there was no threat of harm to the object of criminal law protection, i.e. a low degree of its public danger.

Objective: to study organized crime, its features, determinants and preventive measures; Conclusions: - organized crime changes following the changes taking place in the state; its determinants can be divided into two groups: the first group - are determinants caused by the specifics of criminal activity, its direction, objects of criminal attacks, the second group is associated with the type of criminal group or community itself, its size, hierarchy, features of persons who are members of the group; as specific countermeasures we can propose: increasing the legal literacy of law enforcement officers and their motivation for new knowledge, developing practical recommendations for law enforcement officers, methods of investigating organized crimes, intensifying operational work to collect information about the leaders of criminal communities, organizing social adaptation and control (administrative supervision) over persons released from places of imprisonment for committing crimes as part of organized criminal groups and communities, isolating the leaders of organized criminal groups in correctional institutions and separate psychological work with them.

The purpose of the study. The article analyzes the specifics of the search in relation to lawyers provided for by the legislation of the Russian Federation. The author pays special attention to the analysis of the practice of consideration by the cassation courts of general jurisdiction of complaints against court decisions made on the legality and validity of the search against a lawyer.

Conclusions. The institution of conducting investigative actions against a lawyer, in particular a search, regulated by the Criminal Procedure Code of the Russian Federation, is endowed with specific features that emphasize the special status of lawyers as carriers of information constituting the subject (content) of attorney-client privilege. In this regard, the legislator established an alternative procedure for conducting a search, providing for the existence of a court decision as its basis.

At the same time, despite the existing guarantees provided to lawyers in order to prevent and impede their professional activities, the legislator remains faced with the task of ensuring the protection of rights in the conduct of investigative actions against such a subject.