Vol 14, No 1 (2021)

The purpose of the study. The article presents a comparative analysis of the theoretical foundations of the legal values of Russian conservatism and European liberalism of the XIX century, which seems relevant due to the aggravated ideological and cultural dissonance, the consequence of which is a decrease in the effectiveness of legal regulation. Despite its importance, the potential of legal values of conservatism in the context of their implementation in the behavior of subjects remains poorly understood. The aim of the study is to identify the axiological dominants of Russian conservatism and European liberalism in order to eliminate modern problems of legal regulation caused by the confrontation of certain groups of legal values. Conclusions. As a result of the study, the author concluded that it is necessary to converge knowledge about law with the axiological perception of legal reality, taking into account the national characteristics of value categories reflected in legal archetypes as the basic elements of legal culture. Differences in the ways of cognition led to antagonism in views on the essence of law, the diametricality of the main legal values in the political and legal doctrines of domestic conservatism and European liberalism of the XIX century. In the political and legal doctrine of Russian conservatism of the time frame under study, special ideas about the phenomenon of "legal value" were formed, the emphasis was placed on its transcendence, cultural and historical conditionality, and deep connection with religion and morality. On the contrary, in the liberal paradigm with its cult of rationalism, the initial principles were private interests and economic needs. The author concludes that the success of the state-legal transformations carried out is proportional to the degree of their compliance with national traditions, expressed, inter alia, in legal values.

The introduction of amendments to the Basic Law of our country, the Constitution of the Russian Federation, was the reason for writing this article. Particular attention is paid to amendments that are aimed at understanding marriage in our country, defining the essence of traditional family values, the special position of children and the priority protection of their rights. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The conclusions were the provisions concerning the foundations of the formation of family policy in our country, the systematization of measures of social support for families with children. The practical significance of the work lies in the possibility of its application in the implementation of a systematic analysis of the norms of the current legislation of the Russian Federation for their compliance with the provisions of the Constitution of the Russian Federation. The work may be of interest to judges, lawyers - theorists, students and practitioners.

The article analyzes the right of recourse provided for by the provisions of Art. 1009 of the Civil Code of the Kyrgyz Republic; the main mechanisms for the payment of compensation for damage caused are considered. Attention is drawn to the legislative gaps: the lack of clear mechanisms in terms of reverse regression to the state body. It is proposed to expand Art. 1009 of the Civil Code, including an additional norm on the right of recourse of a state body that compensated for harm caused by other state bodies and officials of the bodies of inquiry, preliminary investigation, prosecutor's office and the court, if there is a court acquittal that has entered into legal force.

The subject of the study is a critical analysis of existing approaches to understanding the legal status of an object of construction in progress in terms of formulating its principles, features and definitions, proposals are made for their formulation in accordance with current legislation and judicial practice. The methodological basis of the research consists in the application of general methods of cognition, such as methods of analysis, synthesis, generalization. Also, special legal methods of cognition, traditional for legal science, were used: the formal legal method, which is used to analyze legal structures and formulate legal definitions; the comparative legal method, which is a sequential study and comparison of several similar objects, as well as legal modeling, which makes it possible to find an optimal and effective model of normative regulation of civil legal relations. The conclusions of the study are: 1) the degree of completion of the construction of the real estate object cannot be attributed to an essential feature of the object of construction in progress; 2) the totality of the features identified by the authors makes it possible to determine the content of the narrative in relation to the object of construction in progress, which will then allow to give not only a definition of the object of construction in progress, but also allow the law enforcer to perform lawful actions in relation to this type of property; 3) under the object of construction in progress, the authors propose to understand real estate in the field of administrative and civil legal relations, which has unique characteristics and is included in economic circulation on the basis (in accordance with the rules) of state cadastral registration and (or) state registration of rights; and etc.

Purpose: since housing legal relations are a classification group in the classification of legal relations according to a sectoral criterion, the problem of understanding them is essentially the problem of determining their legal status. Its solution issue is closely related to the solution of another equally significant issue - determining the place of housing law in the system of branches of Russian law. Both of these issues are debatable in the contemporary legal literary and need to be better understood. The opinions of legal experts about the role of housing law in the system of Russian law range from the recognition of housing law by the institution of civil law to providing it the status of a branch of law - either complex or non-complex (“independent”). Scientists who consider housing law as an institution of civil law solve the issue of determining the status of housing legal relations by recognizing them as civil legal relations, but at the same time, they cannot explain why such an institution of civil law as housing law has administrative legal relations. Scientists who address housing law to be a complex branch of law solve the issue of determining the status of housing legal relations by recognizing them as complex ("collective") legal relations, but concurrently they are not able to explain how the multi-branch powers "coexist" in the content of the housing legal relationship. Scientists who consider housing law a non-complex ("independent") branch of law, decide the issue of determining the status of housing legal relations either by creating a construction of "public-private legal relations", or by differentiating according to the content criterion of legal relations arising from residential premises into "legal relations in the housing sphere » and the actual housing legal relationship. As a result The article substantiates the conclusions that, firstly, neither the concept of recognition of housing law by the institution of civil law, nor the concept of recognition of housing law as a complex branch of law can be accepted due to immanent contradictions, and secondly, the construction of "public-private relations" should be rejected due to its dubious theoretical nature and, thirdly, the concept of recognition as housing only those legal relations arising from residential premises that have their own specific content that are not proper in either civil or administrative legal relations deserves support.

The review article was prepared based on the results of public hearings held in the Public Chamber of the Russian Federation on the topic: "Changes in legislation and problems of reproductive tourism." During the discussion, the following problems were raised: a) the lack of a unified register of statistical information on the implemented donor programs and ART cycles, b) the commercialization of the surrogacy program; c) exploitation of women - surrogate mothers experiencing material difficulties through their participation in ART programs; d) expanding the participation of private clinics and ART centers in the implementation of programs to overcome infertility in the Russian Federation; e) request for participation in programs to overcome infertility of persons with non-traditional sexual orientation, especially citizens of foreign countries; f) lack of responsibility for participants in ART programs in case of violation of the terms of the contract or committing other illegal actions. Most of the participants in the public hearings expressed solidarity in the opinion of the need to improve the legislative regulation of the use of assisted reproductive technologies in the Russian Federation by prohibiting advertising of surrogacy, creating a unified federal register of completed ART cycles and patient escort routes, prohibiting commercial surrogacy, expanding the category of citizens participating in surrogacy motherhood programs, determining the nature of the surrogacy agreement, developing clear requirements for participants in the surrogacy program.

In the article, the object of research is labor and directly related relations that determine the composition of the subjects of these relations, among which the employer-an individual is of particular interest. The subject of the study is the problem of classifying a given participant in labor relations into certain types and establishing a specific composition of individuals of each type, whose subjects have a specific legal status that allows them to be distinguished from other types of employers-individuals. In this case, the authors analyze the legal typology of employers - individuals, linked-tion with their division into two kinds, which is enshrined in paragraph 5 of article 20 of the labour code; have sufficient place in science employment law position of scholars Trudoviks on the water; the possibility of head of peasant (farmer) economy, private but Tarius, a lawyer, founded a lawyer office, private Auditor and a private investigator to be employers - individual entrepreneurs; and individuals who form part of the second type of employers - individuals. The novelty of the work consists in the fact that for the first time in the science of labor law, a study is conducted specifically devoted to the types of employer-individual, which substantiates the presence in the field of labor relations, in contrast to their legislative classification, of three types of individuals acting as employers-individuals. A special contribution of the authors to the study of the concept of labor law on the types of employer-individual is their conclusion about its insolvency, due to the inconsistent approach of the legislator to the assessment of professional activities performed by various specialists on the basis of federal laws, and with the shortcomings of labor legislation. In this regard, proposals are made for its improvement, aimed at forming a full circle of individuals who use the hired labor of other citizens, as well as contributing to the division of this circle into certain types of employers-individuals.

The purpose of the study: defining the role of the Honored Scientist of the Russian Federation, Doctor of Law, Professor Valery Petrovich Revin in the formation of a modern approach to understanding the content of criminal policy, its structure, levels, formation, implementation. One of the aspects that attracted the attention of researchers and became controversial was the structure of criminal policy. Its scope was either expanded, including, in addition to special measures of crime prevention, measures of an economic nature, ideological, medical measures aimed at combating crimes and other socially dangerous acts (A.A. Gertzenon), or the framework of criminal policy was narrowed down to a policy of combating not all crime, but only its individual directions, and carried out not by any, but by criminal law means (P.N. Panchenko). The article analyzes the approaches to the structure of criminal policy based on its content. It has been determined that the most variable structural element of criminal policy is the preventive policy, which determines the main directions, the system of subjects and the system of measures for crime prevention. The most controversial, as we saw above, was the issue of including social prevention, its directions, measures, subjects in the preventive policy. Research methodology and technique. The methodological basis for studying the formation of a modern understanding of the structure of criminal policy was the generally accepted dialectical method of scientific knowledge of social processes in the field of combating crime, their interdependence and interrelation. In the course of the research, we used such general scientific methods of cognition as the system-structural method, the method of differentiation, methods of generalization, comparison. Conclusions: in the course of the study, the place of social crime prevention and its correlation with special prevention were determined. A requirement was established for the compliance of the assigned tasks with resource provision, legal regulation, information support, and staffing. The prognostic importance of V.P. Revin, reflecting the most important directions in the formation and implementation of criminal policy.

The article deals with the features of the new corpus delicti provided for in Article 200.7 of the Criminal Code of the Russian Federation-Bribery of an arbitrator (arbitrator). This element of crime was introduced into the current Criminal Code of the Russian Federation by Federal Law No. 352-FZ of October 27, 2020, which forms the need and relevance of its theoretical understanding. The article defines the prerequisites for the introduction of this composition, as well as its social conditionality. The author analyzes the social danger, the necessary and sufficient objective and subjective signs of this corpus delicti, which are subject to mandatory identification in the process of qualification. Attention is paid, among other things, to the controversial issues in the doctrine regarding the criminalization of bribery of an arbitrator (arbitrator), as well as to the alleged problems that may arise at the practical level when applying it, and recommendations are given for their solution. The author comes to the conclusion about expediency of improving the article 200.7 of the criminal code as amended and with distinction in a separate article 200.7 and 200.8 the criminal code, the fact of bribery by transmitting to the arbiter an illegal subject of bribery and bribery by receiving the referee illegal of the subject of bribery. The article substantiates the problem of the lack of responsibility for the fact of mediation in the transfer of bribery of an arbitrator (arbitrator).

The article deals with the foreign experience of involving convicts and prisoners in labor both in penitentiary institutions and in pre-trial detention facilities in the territory of the Swiss Confederation. The study focused on the peculiarities of the division of convicts and prisoners in the territory of the Swiss Confederation and the connection with the Cantons. It was found that almost every Canton is characterized by the application of its own rules for the detention of prisoners in pre-trial detention facilities, which have specific characteristics that reflect the specific territorial location of the subject. The purpose of the study was to study the problems and accumulated experience of regulating the activities of attracting convicts and prisoners to work in the Swiss Confederation, which can also help Russian legislation to solve emerging problems. The methodological basis of the research is the method of dialectics and the general scientific and private scientific methods included in it, in particular, such as the method of formal logic, analysis and the comparative legal method. Thus, possible ways of overcoming the existing problematic issues by the Swiss Confederation were identified. The presented experience may be valuable for the Russian Federation and, provided that certain information is available, it should be recorded for future tasks.

Task: identification of the real role of the admissibility of evidence, its relationship with the property of admissibility of evidence in criminal procedural evidence Methods: dialectical, formal legal, comparative legal. Results: the authors are not inclined to include the property of reliability of evidence in criminal cases, in the composition of the legal properties that determine their admissibility. Subjects of proof have the right to accept or reject attributable factual data collected in accordance with the procedure established by law by the property of reliability, however, both of them appear in criminal cases as evidence.

The goal: purpose of research - revealing of laws of formation and manifestation in criminal proceedings way of limiting the constitutional rights of suspects and accused, and measures for their welfare, as well as attracting the attention of the scientific community to the problem of the use of relatively new measures of restraint envisaged in article 105.1 of the RF criminal code - prohibition of certain activities, explore the grounds and procedure for its election, analysis imposed prohibitions, the legality of restrictions of the constitutional rights of suspects and accused persons, acceptance of measures on optimization of legislative rules of application of the analyzed measures of restraint. He main tasks are to study, using modern scientific methods and technologies, the impact of restrictive measures on the constitutional status of a person who is being prosecuted in pre-trial proceedings, to determine the direct and indirect legal and other consequences of restricting rights, and to develop recommendations for optimizing the existing mechanism for applying a preventive measure in the form of a ban on certain actions. The tasks set by the author are aimed at substantiating the provisions that indicate the possibility and necessity of applying new approaches to the practice of applying a preventive measure in the form of a ban on certain actions, and on this basis, developing and formulating proposals to clarify certain provisions of the criminal procedure law. Methodology: in the course of the research, various General and private scientific research methods were used: induction, deduction, generalization, abstraction, forecasting, modeling, functional and structural analysis, systematic, logical, comparison, formalization, etc. Conclusions: as a result of the study, the following conclusions were formulated. 1. A suspect or accused person may not be restricted in the constitutional right to communicate with a defense lawyer when choosing a preventive measure in the form of a ban on certain actions. To exercise this right, part 8 of article 105.1 of the criminal procedure code of the Russian Federation is proposed to state in the following wording: "a Suspect or accused person may not be restricted in the right to use telephone communication to call an ambulance, law enforcement officers, emergency services in the event of an emergency, as well as to communicate with the investigator, inquirer, defense lawyer (here and further italics The suspect or accused shall inform the Supervisory authority of each such call in the event of a ban related to the use of means of communication". 2. Research and resolution of problematic issues of applying a preventive measure-prohibiting certain actions will contribute to a more detailed, informal approach of judges to making the appropriate decision, taking into account the specific factual circumstances established in the criminal case, the characteristics of the suspect or accused and in accordance with the requirements of the law, recommendations and explanations of the Plenum of the Supreme Court of the Russian Federation in order to achieve the purpose of criminal proceedings to protect the rights and legitimate interests of persons involved in the orbit of criminal proceedings. 3. When bans are imposed in accordance with article 105.1 of the criminal procedure code of the Russian Federation on certain actions of a suspect or accused, there may be a need to cancel (change) as a preventive measure in General, and imposed prohibitions. In cases where there is a need to change the set of prohibitions imposed, it is not clear whether it is possible to use the mechanism of changing the measure of restraint, which indicates the relevance of this issue for the modern science of criminal proceedings that need to be resolved. There are two ways to change the set of restrictions imposed. First, as a specific procedure in the system of the current review mechanism, which provides for partial appeal of court decisions. Secondly, it is possible to borrow the procedure for making an additional court decision that has been tested and well-established in civil proceedings. 4. It is of scientific interest to appeal against a preventive measure in the form of a ban on certain actions if there is a need to ensure the rights and legitimate interests both in the case of cancellation (change) of the preventive measure in qeneral, and in part of the imposed prohibitions. Possibility of subsequent use. The results obtained can be useful for continuing scientific research in terms of ensuring the constitutional rights of a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, as well as for characterizing the current state of criminal procedure theory and law enforcement practice in the relevant part. These results became the basis for the formation of proposals necessary for optimizing the legislation of the Russian Federation, judicial and investigative practice, as well as used in teaching relevant training courses in the direction of "Jurisprudence" (bachelor's, master's, postgraduate), specialty Legal support of national security. The practical significance of the results is to deepen and concretize modern scientific knowledge in the field of restrictions on the constitutional rights of the suspect, the accused, their protection and subsequent restoration, election and monitoring of compliance with the suspect or accused preventive measures in the form of a ban on certain actions, which allow solving interrelated problems of legislative, investigative and judicial activities. The social significance of the results of the study is due to the possibility of a significant increase in the level of security of constitutional rights and legitimate interests of participants in criminal proceedings. The value of the research and the results obtained is due to the author's contribution to the development of fundamental knowledge about constitutional rights and ways to protect them in criminal proceedings, as well as the solution of a number of applied problems related to the election of one of the new preventive measures and ensuring the constitutional rights of the individual. Based on the conducted research, new knowledge was obtained about the regularities of the impact of law-limiting criminal procedural measures in the form of applying a preventive measure prohibiting certain actions on the constitutional and legal status of an individual and the optimal means of its procedural support. The work is intended for researchers and practitioners, law students, postgraduates, and applicants.

The purpose and objectives. The main goal is to analyze the possibilities of possessing international legal personality by “new participants in international relations”, to identify gaps in international law on the regulation of new groups of relations based on spatial and technological criteria, to substantiate and put forward methods and scenarios for filling these legal gaps. Methodological approach. The main party plays the legal prognostic approach, general scientific methods, and also methods of comparative historical and legal analysis, the method of interpreting legal norms and partially legal modeling are used. Results and conclusions. The article describes new groups of international legal relations that arise in the process of mastering geographic spaces and the development of high technologies, as well as the phenomenon of international legal personality. Originality and value. The article describes new groups of legal relations arising in the process of the development of geographic spaces and the development of high technologies, as well as the phenomenon of international legal personality and the challenges that new groups of relations, distinguished by spatial and technological criteria, bring to international legal regulation.

The purpose of the study. To analyze the guidelines and results of operations investigators to substantiate that the planning activities of bodies of preliminary investigation is significant for the choice of investigative techniques, tactics of investigation, timeliness of investigation, rights of the parties interested in the outcome of the case, as well as when exercising departmental control by the head of the investigative body. Also, the purpose of the study is the need to establish the relationship between the planning and quality of the preliminary investigation. Conclusions. The implementation of daily and calendar planning in the work of the investigator can significantly improve the organization of the investigation, identify "weak points" in the proposed versions, determine the most optimal sequence of procedural actions and operational search measures in criminal cases under investigation. Planning in the head of the investigative body allows to increase the quality of the procedural control over the timeliness taken by the investigator of the decisions minimizes (ideally eliminates) procedural irregularities in the activities of the investigator, provides an implementation of the guarantees for observance of rights, freedoms and legitimate interests of participants of process, and, consequently, increases confidence in the investigating authorities.

Research objective. The article reveals the concept and history of anti-corruption compliance in Russia and in foreign countries, identifies and solves theoretical and applied problems of criminalistics support of anti-corruption compliance. The scope and scale of corruption-related crime in modern Russia, including such offences (crimes) in the field of entrepreneurship, continue to pose a threat to public and state security of the country. As a consequence, minimization of legal and reputational risks and risks of regulatory sanctions due to violation of anti-corruption rules and global business standards that can cause financial losses and liquidation of the company are in the foreground. In order to solve this problem it is necessary to build a system within the company that would include a corporate program for compliance with both national and foreign legislation and to implement it through the adoption of a compliance program. The compliance program is proposed by the regulator as a communicator between the state and business. This is evidenced by a number of legislative acts which regulate the relationship between the regulator and the business community on the anti-corruption compliance dimension. However, the compliance program is not effective in preventing corruption offences (crimes). Conclusions. As a result of the study, the author concludes that it is necessary to clarify the place of criminalistics means, techniques and methods in the organization and implementation of anti-corruption compliance, the role of technical criminalistics, tactical criminalistics and methodological criminalistics support of the specified activity.

The relevance of the questions posed is due to a whole range of complex aspects arising in the process of identifying and proving the facts of the use of physical violence, including that which was not manifested at the physically visible level, but nevertheless harmed the physical and / or mental health of minors. In order to resolve the existing gaps in legal regulation, as well as issues arising in law enforcement practice, the author's interpretations and proposals are proposed on such problems as: the concept and signs of beatings; specifics of proof when revealing facts of inflicting beatings on a minor; individual parameters of the human body, on which the formation of visible traces on the skin depends, indicating the use of physical force, taken into account when conducting a forensic medical examination; specifics of determining the affected areas, objects that left them, and the prescription of their formation; a list of issues identified by the police officer to be resolved within the prescribed forensic medical examination.

Issues of legal liability for offenses that infringe on public order and public safety in the Russian Federation are regulated by both the norms of criminal law and the legislation on administrative offenses. In this regard, the authors aimed to conduct a comparative analysis of the legislation of the Soviet and post-Soviet periods regulating liability for hooliganism, which is the most common offense that encroaches on the above-mentioned objects. First of all, the article reveals the legal nature of such legal categories as public order and public security. The paper draws attention to the origin of the term "hooliganism". The chronological sequence reflects the stages of formation of legal responsibility for hooligan actions. The authors reflect the main changes in the qualifying signs of hooliganism in the legislative norms of the above-mentioned historical periods. Attention is also focused on the forms of hooligan actions established by the legislation in the Soviet and post-Soviet periods. The attitude of the state and legislation to hooligan manifestations, as well as their prevention and suppression in the periods under review, is indicated. The authors consider the history of the occurrence of petty hooliganism as an administratively punishable act, its main features, as well as the successive changes in the qualifying features of this offense. The General features characteristic of both criminally punishable hooliganism and minor hooliganism, which is an administrative offense, are determined. As a conclusion, the authors noted the advantages and certain disadvantages of the current version of article 20.1 of the administrative Code of the Russian Federation "Minor hooliganism". The conclusions made made it possible to make a proposal to Supplement the wording of part 1 of this norm.

The article is devoted to the problem of protecting the right to health protection of the personnel of forensic medical institutions. The authors consider various aspects of the activities of forensic medical experts, the conditions of their work in relation to the implementation of the constitutional right of everyone to health protection. Using the methodology of a comprehensive analysis of the current legislation, a study of the regulatory regulation of the prevention of occupational infection of SMU personnel was conducted. The purpose of the work was to identify problematic issues in the field of health protection of personnel of forensic medical institutions and to develop proposals for improving legislation. The analysis showed that there are significant gaps in the legislation regulating the protection of the rights and legitimate interests of employees of forensic medical examination institutions in the field of health protection. It is established that forensic medical experts do not have information about the presence or absence of infectious diseases in the deceased, whose corpses are sent for examination, and therefore are at risk of infection with a wide range of infectious pathogens. At the same time, there are no regulatory requirements for the behavior of experts, their clothing, the use of personal protective equipment, and there are no requirements for the equipment and equipment of sectional rooms. The existing sanitary rules and departmental regulations of the Ministry of Health of the Russian Federation regulate the conduct of pathoanatomical studies, while not paying attention to forensic medical experts. The authors come to the conclusion that it is necessary to develop a set of regulations that establish requirements for the premises and equipment of forensic medical institutions, as well as to develop rules of conduct for experts, staff and citizens when applying to such institutions.