Vol 12, No 7 (2019)

In the article, the author touches upon the study of the role of legal doctrine in the resistance against challenges that face Russia and Belarus nowadays. This is the main problematic area of this research. The author proves that the main role in the legal doctrines of Belarus and Russia belongs to the constitutional legal doctrine of religious security. The article reveals the legal nature of this doctrine. The work demonstrates the worldview basis of the constitutional legal doctrine of religious security and formulates its basic principles. The author also indicates the development of constitutional law doctrines of the two states, as well as directions for improving constitutional law norms. The novelty of the study lies in the author's description of the essence of legal doctrine. Such a doctrine is not arbitrary, but exists objectively and has to be accurately expressed. The novelty of the study also refers to the central place of the constitutional legal doctrine of religious security in the doctrinal field of Russia and Belarus. The main research methods are comparative legal, systemic and logical analysis. The article formulates the principles of ensuring the religious security of the two states, which would be impossible without the use of such methods as synthesis, abstraction and concretization, analogy and modeling. Additionally, some empirical methods were used in the research, such as: formal-legal analysis of normative acts and literature, study and generalization of scientific theory, and other methods. One of the important conclusions is that in the Republic of Belarus, a model of state-religious relations is more progressive than in Russia in respect of ensuring religious security. This study can be useful for representatives of the law enforcement and legislative bodies of Russia and Belarus. The methodological approaches described in the article could be taken into account in the process of developing conjoint legislation in the framework of the Union State formation.

The article reveals the features of rationalized parliamentarism in the Republic of Slovenia and defines the directions for its further rationalization. The features of rationalized parliamentarism in the Republic of Slovenia are characterized. The main shortcomings of the organization of the Slovenian parliament, which affect the efficiency of its work, are identified. Based on the scientific and legal analysis, proposals have been developed regarding possible areas for further rationalization of Slovenian parliamentarism.

The article discusses the problems of the subject composition of obligations arising in connection with the overhaul of the common property of an apartment building. It is substantiated that the contract for the overhaul of the common property of an apartment building, concluded by the regional operator, has the legal nature of the agreement in favor of a third party, which allows to increase the effectiveness of protecting the rights of owners of premises in an apartment building in relations with faulty contractors.

The actual growth of interest in the Russian legal science to the problems of discretion due to its having been widely used in legislation and acts of a court practice predetermines the need for a theoretical study of the category of discretion extent within housing law, which is of a special importance not only for legal science generally, but also for law enforcement practice, as well as for further improvement of housing legislation. The purpose of the paper is a comprehensive study of discretion extent for subjects of housing relations on the basis of the analysis of the legal nature of the category of discretion within housing law and determining its place in the arrangement of legal regulation of housing relations. The methodological basis of the research consists of both General scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research - systemic, comparative legal and complex methods of scientific knowledge. A system method of research has made it possible both to define the place of category of discretion in the arrangement of legal regulation of housing relations, to reveal the specificity of its regulatory function as well as protective power of its limits. As a part of the research a comparative legal method was widely used which is of a special value for a deeper research of the essential nature of the category of discretion within housing law; it allowed to provide the features of the legal nature of this category. The complex method has made it possible to give a comprehensive definition of the application of the category of discretion extent in the legal regulation of the most important types of housing relations (property, obligation and corporate types), as well as related theoretical and practical issues. The result of the research can be considered as the conclusion that the discretion of the subjects of housing relations is limited in many respects, dependent on both the need to take into account rights and legitimate interests of other subjects, and the peculiarities of the housing legal regime as an object of housing rights, which determines the purpose of the right to this very object. The external performance of this feature is in the dominant mandatory nature of legal regulation of housing relations, aimed primarily at protecting public interests. Discretion as a stage of implementation of subjective housing law is allied to different elements of the arrangement of legal regulation of housing relations (norm, legal relationship, contract, etc.). However, the regulatory impact of discretion in the housing sphere is quite often of its indirect nature, being associated with the need to apply for the implementation of subjective housing rights to the competent public authorities. The discretion extent for subjects of housing legal relations is a type of legal restrictions fixed in normative legal acts of the housing legislation through the use of special legal arrangements, it establishes the boundaries within which subjects of housing legal relations acquire the possibility of volitional choice of the optimal model of behavior. Normative limits of discretion of housing legal relations subjects are established by mandatory provisions of housing legislation. As universal limits of discretion of subjects of real, obligatory and corporate legal relations arising concerning premises are to be determined both rights and legitimate interests of other persons and purpose of subjective housing rights. A model contract acts as a legal arrangement of limiting the discretion freedom of housing relations subjects. Techniques and methods of legal regulation are also the limit of discretion of housing relations subjects in the process of concluding contracts in the housing sphere. A special category allowing to take into account interests mentioned is the category of «consent», the special importance of which is established in the contract of social rent by law for the obligation relations. The action of the principle of unity and differentiation of legal regulation of housing relations is observed on the example of legislative regulation of the order of settling in the premises occupied under contract of social rent. Herewith the means of differentiation is the category of consent, the main function of which is to determine the degree of public legal impact on the relevant housing relations. The conclusion is based on the research of legislative consolidation of the category of discretion, court practice of application of relevant legal norms, modern scientific research in the field of civil and housing law. The theoretical results of the research can be used for the development of civil law theory, the implementation of subjective rights, further studies of discretion in the arrangements of housing rights, in law enforcement practice. The paper can be of an interest for scientists, officials of judicial and other law enforcement agencies, students studying the specialty «Jurisprudence».

This paper analyses general shortcomings of the current model of bankruptcy of individuals. Causes of growth of individual debt are studied. Basic growth trends in the number of individuals in need of financial rehabilitation are identified. We propose a procedure for non-judicial insolvency of individuals through the introduction of Chapter X-I “Insolvency of an Individual” to the Federal Law “On Insolvency (Bankruptcy)”. The paper outlines the basic principles of proposed extrajudicial procedure of insolvency (bankruptcy) of individuals and discusses possible steps of its implementation.

The relevance of the article is due to the fact that after financial crises, which were exposed to most of the wealthy countries of the world, the level of state control of transfer pricing has increased. But, since this sphere is relatively new for the Russian Federation, which is manifested both in the absence of systemic legislative regulation and systematic theoretical developments in this field, there is an urgent need to study the validity and legal regulation of state control in the sphere of transfer pricing in general. Materials and methods. The theoretical basis of the articles were the works of Vasilyeva M.V., Tchaikovsky V.A., Golishevsky V.I. and other Russian and foreign researchers. The regulatory framework of the study was the Tax Code of the Russian Federation, other legislative acts of the Russian Federation and a review of arbitration practice in the field of transfer pricing. The methodological basis of the study was the systemic method, thanks to which theoretical information was analyzed regarding the features of transfer pricing. The analysis and synthesis method, as well as the comparative method, were used to study the practice of arbitration disputes in the field of transfer pricing. Results. The main aspects of the peculiarities of the tax legislation of the Russian Federation are considered, and the large role of judicial arbitration practice in relation to tax control in the field of transfer pricing is revealed. The article discusses several practical cases of judicial decisions that actually play the role of precedents in the Russian legal field. Conclusion. The topic of transfer pricing is especially relevant in the Russian Federation today, since there is no systematic and complete legislative regulation of this area. Extensive litigation and arbitration practice has actually become the case law in this area. It is worth noting that a large number of disputes end in favor of the tax authorities, which often looks unreasonable. It is worth noting that today the Russian Federation does not have a structure for studying a transaction by tax authorities to comprehensively study the process of pricing to assess its correctness.

The article analyzes the existing foreign experience in ensuring children's information security using two countries as an example - the United Kingdom and the United States. Since the issues of child safety are relevant all over the world, the future of an individual state depends on how the safety of children, including information, is ensured. The study of the positive experience (legislative or practical) of a country is not only of interest and curiosity, but also the ability to apply or not apply it in other countries. The authors come to the conclusion that the state policy in the field of ensuring information security of children can be divided into three types: the model of active participation of the state, the model of passive participation of the state and the mixed model.

This article is a continuation of a series of articles on the draft new Criminal Code, developed by the author on the basis of the Encyclopedia of Criminal Law published by us in 36 volumes, in the writing of which more than 300 scientists from Russia and other countries participate, and the author has studied more than 70 foreign codes. The concept of the draft new code and the first five chapters were published in numbers 4,5,6 for 2017 and 1,2,3 for 2018 of the journal Library of Criminal Law and Criminology, the sixth chapter in the 2nd issue, the seventh in 3rd and 4th issues for 2018, the eighth chapter - in the 1st and 2nd issues for 2019 of the Journal of Legal and Economic Studies, the 1st part of the ninth - in the 3rd 2nd - in 4th issue of this magazine. It addresses issues of exemption from criminal punishment and pardon.

The presented article reveals some of the criminogenic factors that make up the causal complex of crime in the field of housing and communal services. This became possible, inter alia, by conducting empirical research by the author and generalizing the results obtained earlier by other authors. The article reveals the system of criminogenic factors determining crime in the housing sector. Based on a study of the criminogenic factors that determine the type of crime under consideration, the article analyzes some problems, the solution of which will help increase the effectiveness of crime prevention in a single economic sector. Having considered in the article the totality of the above socio-economic factors specific to the sphere of housing and communal services, we can conclude: they contribute to the fact that they easily take the path of committing crimes, especially those that are not blamed by society (embezzlement of budget funds, tax evasion taxes and other economic crimes).

The paper analyzes the institution of circumstances mitigating criminal punishment in retrospect of the comparative legal research method. Attention is focused on the possibility of using certain provisions of the Swedish criminal law with a view to their subsequent implementation in the Russian criminal law regulation.

Relevance. This article examines foreign experience and approaches to countering extremism at the legislative level in several European states. Also, the article deals with international legal legislation and its features, which are provided by a normative understanding of extremism. It should be noted that today, the problem of countering extremism is intergovernmental, and at the same time quite relevant, taking into account many events around the world. That is why the author proposes to study certain legislative approaches to the fight against extremism in several European states, because at now they are, first of all, who faced with quite vivid manifestations of extreme forms of extremist activity, which has caused sufficiently significant damage. Purposes. The purpose of this work is to analyse international experience, based on which an assessment will be made of the possibility of using various methods and methods of countering extremism in domestic practice to increase its effectiveness. Methodology. In this article were used comparative legal, systemic, historical, as well as formal legal research methods. Results and conclusions. Thus, according to the results of the work, it gave a brief description of the methods and methods of combating extremism in European states and assess the possibility of their use in domestic practice. Also, the author has been analysed the legislative features of several European Union states that are of interest in terms of countering extremist activities and the legislative approach that is applied to within the framework of public relations that may be damaged as a result of illegal extremist activities.

The article deals with the gaps in the criminal law, providing for liability for the threat of murder or causing the serious bodily harm. The author pays special attention to the threat of murder or infliction of serious harm to health on the grounds of political, ideological, racial, national or religious hatred or enmity or on the grounds of hatred or enmity against any social group, as well as against a person or his relatives in connection with the implementation of this person's official activity or the performance of public duty. The article suggests some ways to improve the criminal law norms under article 119 of the criminal code. Objective: to determine the directions of improvement of the criminal legislation on the threat of murder or serious bodily harm.

The article discusses the current problems of using a penname as a measure the safety of a criminal trial participant. In particular, the problems of the grounds for assigning a penname to a person, as well as the feasibility and effectiveness of it`s use. In addition, the article makes suggestions for improving the legislation in this direction of the criminal procedure of investigators and judges.

Purpose, task: the competence of the court, the judge is traditionally based on such a constitutional provision as "the implementation of justice only by the court". From this provision, scientists conclude about the essence and content of the competence of the court, the judge in criminal proceedings, not different from the General legal understanding of it. However, modern criminal proceedings pose new challenges to the court, the judge, determines the need and appropriateness of the use of new approaches to the research of judicial activity, the primary basis of which is the competence. The study of this area allowed to formulate a number of judgments that indicate a possible change in scientific ideas about the essence of the criminal procedure competence of the court, judge, updating its theoretical interpretation and possible changes in its legislative definition. The main purpose of this study is to attract the attention of the scientific community to the problem of judicial competence in criminal proceedings, the feasibility of reviewing and updating the established theoretical structures and taking measures to optimize the legislative rules of its definition. The tasks set by the author are aimed at the theoretical substantiation of the provisions indicating the possibility and necessity of applying new approaches to the legislative regulation of judicial activity, and on this basis the development and formulation of proposals to clarify certain provisions of the criminal procedure law. Methodology: in the course of the study, various General and private scientific research methods were used: induction, deduction, generalization, analysis, forecasting, modeling, functional and structural analysis, systematic, logical, comparison, formalization, etc. Conclusions: as a result of the study, the following conclusions were formulated. 1. The study provided the following definitions: - the General competence of the court-a set of issues that determine the appointment of the court in modern society and the state (established by the Constitution of the Russian Federation); - special competence-the list of questions which permission belongs to specific court (it is established by the procedural legislation, according to rules of jurisdiction/jurisdiction, including, criminal procedural). Special (procedural) competence is characterized by the presence of several levels, its content is formed on the basis of the set of conditions established by the criminal procedure law. 2. Special (procedural) competence is based on differentiation of the questions which are under jurisdiction of courts within one form of legal proceedings and can have several levels: - the first level is determined depending on the nature of the legal proceedings in which the dispute arose (criminal procedure, civil procedure, etc.); - the second level is determined by the place of the court in the judicial system and is implemented already within a certain form of legal proceedings; - the third level clarifies the competence of specific judges (the President of the court of a certain level, a magistrate, a Federal judge). 3. The determination of the content of procedural competence in criminal proceedings depends on several conditions applicable in cases stipulated in the criminal procedure law: - depending on the stage of the process, for example, in pre-trial proceedings, the competence of the court includes one list of issues (part 2 of article 29 of the criminal procedure code), in the judicial is another competence, in the post-trial-the third; - from the form of judicial proceedings (General, special procedure, consideration of complaints in accordance with articles 125 and 125.1 of the code of criminal procedure), each of which is used to resolve a certain category of legal issues; - from the composition of the court (individual, collegial, with the participation of jurors); - from the form of prosecution (private, private-public, public), when in private prosecution, as opposed to private-public and public, the judicial competence covers the solution of the issue of reconciliation of the parties; - depending on the instance, there is a clear difference in the issues under consideration, for example, between the first and second instances. 4. We consider it expedient to legislate the procedural competence of the court, judges and their powers in relation to different stages of criminal proceedings and forms of judicial proceedings. To solve this problem, in particular, should: 1) change the title of Chapter 5- " the Court. Judge»; 2) in Art. 29 to change the title: "Competence of court, judge»; 3) introduce a new article 29.1 " Powers of a judge in pre-trial proceedings» "1. The judge in the course of pre-trial proceedings in a criminal case is authorized: 1) to accept to the production of the complaint, the petition declared according to part 2 of article 29 of the present Code about what to issue the resolution; 2) to send requests to public authorities, officials of bodies and organizations, to public organizations for the demand of documents and other materials necessary to establish the actual circumstances of the complaints and/or petitions in its production; 3) to demand from citizens the documents and other materials available to them necessary for establishment of actual circumstances on the complaints and/or petitions which are in its production; 4) to interrogate, confront, examine objects, disclose written materials, appoint and conduct a forensic examination of the suspect, the accused to determine the possibility of applying detention as a preventive measure or extension of detention; 5) examine the evidence presented by the participants of the court session and, if there are grounds, decide on their inadmissibility; 6) in case of satisfaction of petitions of participants from protection about accession to materials of judicial production of the documents, other materials having essential value for establishment of the actual circumstances on criminal case, to direct the specified materials to the investigator, the investigator for consideration of a question of their accession to materials of criminal case as proofs. Copies of these materials are attached to the court proceedings; 7) when establishing violations of Federal legislation in the actions and / or decisions of officials of the preliminary investigation bodies, the Prosecutor, other officials of bodies and organizations, including public, as well as individual citizens, to make private decisions against them. 2. A request by a judge made within the limits specified in paragraph 2 of part 1 of this article shall be binding on all persons to whom it is addressed. The request is subject to immediate execution, and if necessary, the preparation of documents requested by the judge, within 24 hours. The judge must be notified immediately of the inability to provide the materials requested by the judge, as well as of the reasons for their failure. 3. In case of non-execution of the request of the judge by the person to whom it is addressed, the monetary penalty in the order provided by article 118 of the present Code can be imposed". Possibility of further use: the Obtained results form the basis for the continuation of scientific research in terms of the development of the doctrine of judicial competence, the procedural position of the court in criminal proceedings, the powers in the court session to establish actual and other significant circumstances. The results obtained and proposed for publication can be useful in optimizing the legislation of the Russian Federation, judicial and investigative practice, as well as be used in teaching relevant training courses in the field of "Jurisprudence" (bachelor's, master's, postgraduate). Practical importance lies in deepening and concretization of modern scientific knowledge in the field of procedural position of the court, judge, their functions in criminal proceedings and allow to solve interrelated problems of legislative, investigative and judicial activity. The social significance of the results of the study is due to the emergence of an opportunity to significantly increase the level of ensuring the constitutional rights and legitimate interests of participants in criminal proceedings. The value of the study and the results obtained is due to the author's contribution to the deepening of theoretical knowledge about the criminal procedural competence of the court, judge, determining the trends of its modern improvement, development of prospects for its development, taking into account the changing conditions in the field of criminal justice, the development of its forms. On the basis of the conducted research new knowledge about procedural position, competence, status, functions of court, judge in criminal proceedings is received, measures on formation of complex restructuring of legislative regulation of powers of court, judge at various stages of criminal procedural activity are taken, perspective directions of improvement of the criminal procedural status including in the sphere of proof are defined. The work is intended for researchers and practitioners, students of law schools, graduate students, applicants.

Objective: A sufficient number of laws and regulations have now been adopted in this area, but their actual application raises some problems in terms of developing effective application algorithms, both individual security measures and their integrated use. The system of safety measures has cross-sectoral content, that is, the process of implementation of separate protective measures requires the use of different industry norms, which should not contradict each other. The classification of State protection and criminal procedure security measures includes a grouping of existing protective measures and allows for a diverse view of the systemic and meaningful relationship. Methodology: The process of studying the current system of security measures of participants in criminal proceedings includes a method of comparing and comparing (relatively legal) different-sector legal means aimed at a single result - protection of participants in criminal proceedings and safety of procedural procedures. Conclusions: The following conclusions emerged from the study: 1. The system of security measures is enshrined in legal instruments. These documents contain different types of protective measures, which are aimed at implementing the same process - ensuring a safe environment for persons who facilitate criminal proceedings. 2. The legal measures available to protect (safety) citizens in connection with their participation in criminal proceedings and the intention to promote evidence are currently significant in number. They are diverse in their incorporation into legal acts of varying legal significance. Therefore, they can be classified on various grounds. 3. The concept of "safety measures system" has been studied and the author 's definition has been presented. The content of the system of security measures should include a focus on the elimination of existing and possible future contradictions, which are of a different nature. Possibility of subsequent use: the analytical conclusions proposed in the work are aimed at strengthening criminal procedure guarantees of the individual, Expanding the scope of existing and emerging scientific research in the field of regulation of the security of participants in criminal proceedings, Optimization of procedural and related mechanisms for the implementation of individual security measures, To improve judicial and investigative practice, as well as in the course of the educational process, in the training of students in legal areas. The practical significance of the results obtained is expressed in the possibility of using them both in pre-trial and judicial proceedings in criminal cases. The social significance of the results is reflected in the improvement not only of the effectiveness of the process of proof in a criminal case, but also of the legal protection of the legitimate interests of citizens in the course of criminal proceedings. Value of the results obtained: Based on the study, new knowledge has been gained about the system of security measures of participants in criminal proceedings, as a multilevel and intersectoral group. These conclusions can be useful for the legislator and the formation of judicial practice, in order to improve the safety of persons involved in the field of criminal proceedings. The work is intended for persons studying scientific and law enforcement problems of personal security, postgraduate students and students of law universities.

Purpose. To analyze the formation of the legal institute of digital (electronic) customs of the World Customs Organization in within the framework of the development of information and communication technologies. Design/methodology/approach. The research article is devoted to the issues of improving customs regulation instruments. The subject of the research is the Institute of Digital Customs and Information and Communication Technologies (ICT). It is comprehensively examined the concept (term) of information communication technologies within the framework of the institute of electronic (digital) customs, the Border ICT Solutions Mapping Tool is analyzed, the characteristics of electronic customs within this Tool are presented. The attention is paid to the WCO Technology Network (TeN) of the World Customs Organization. Social implications. The development of the digital customs institute, as well as its introduction into the customs legislation of the WCO Member Countries, is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning. The results of the study are of interest to the Customs block of the Eurasian Economic Commission (EEC), can be used to organize the work of the Information Management Sub-Committee, Permanent Technical Committee of the World customs Organization, in the context of the EEC - WCO international customs cooperation. The article is recommended to researchers, as well as experts from the Customs Administrations of the EEU Member States, whose activities are related to the improvement of customs regulation, the modernization of the digital customs institute, as well as international customs law. Originality/value. The research material is based on an analysis of the practical aspects of the WCO's activities and is a continuation of scientific and practical publications on the development of the digital customs institute within the framework of the WCO's activities.

The article notes one of the priority areas of long - term vital interests of each CIS state-counteraction to terrorism.

The author proves the necessity of forensic studies in the context of innovative modernization of its general and separate provisions basing on the fact that change and development are the essence of the dialectic method of learning and on the results of analysis of contemporary scientific works. The necessity of providing the law-enforcement units with high technology is due to contemporary reality and its perspectives. The main goal of innovative forensic science is to counteract crime adequately in the consequences of informatization and technical development of the society, including virtuality, interactivity and distancing; to perform crime detection and investigation, identifying the causes and conditions of the commission of a crime.

The article deals with topical issues of bringing persons to administrative responsibility for driving a vehicle that has glass (including those covered with transparent color films), the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles.

The Article is devoted to the research of the Institute of administrative justice of the Russian Federation. The author believes that the increase in the number of cases to challenge the acts of the Executive authorities in the courts of General jurisdiction, is a factor determining the need to transform the administrative justice in the Russian Federation.

This article is a continuation of the author’s research on the problems of a general theoretical, conceptual and legislative definition of the concepts of civil liability and legal sanctions in modern civil law in Russia. Based on the analysis of the diverse positions and views of famous Russian scholars and legal scholars, the author formulated an author’s model of conceptual and legislative definition of civil liability and legal sanctions.