卷 14, 编号 7 (2021)

The purpose of the research. The article discusses the development of alternative forms of legal dispute and conflicts resolving on the example of some European countries. Separately, the inclusion of speech culture communication in the list of necessary skills and abilities of the mediator in the performance of his or her professional activity is considered. Conclusion. As a result of the conducted research, the author comes to the conclusion that the interweaving of alternative forms of conflict resolving into national legislation in different countries does not occur equally intensively. It is noted that the development of alternative forms of dispute resolving is not possible without the development of improving speech communication, its culture. In many European countries, speech culture has been a component of the national tradition, requiring the preservation of its identity and the development of a qualitative basis. The development of speech communication culture in alternative forms of legal disputes and conflicts resolving in different countries depends on the trajectory of development

Objectives: to determine the essence and functional orientation of conflicts in the legal sphere; indicate the concept and meaning of prevention of legal conflicts; designate the place of legal education in the system of preventive measures to prevent the emergence of legal conflicts; analyze the content of legal education; to reveal the content of the forms of legal education, applicable to the prevention of legal conflicts; consider the problem of criteria for the social effectiveness of legal education in order to prevent legal conflicts. Conclusions: a legal conflict is a confrontation with the opposing legal interests of the subjects, it can have both a positive and a negative functional orientation; prevention of legal conflicts, as a specific type of social activity, allows timely identification of the factors of occurrence of legal conflicts; legal education is one of the main and effective ways to prevent legal conflicts; legal educational activity is characterized by the use of specific legal educational measures: forms, means, methods; most often, in order to prevent legal conflicts, the following forms of legal education are used: legal training, legal propaganda, legal practice, self-education, legal education, legal information and others; the state needs to develop a clear strategy to raise the legal awareness of the population in order to reduce the level of conflict in society.

The aim of the study is to analyze the views of thinkers of different historical eras on the idea of separation of powers, highlighting the features and main characteristics of such views in order to build the evolution of the concept under study and predict the further development of the phenomenon of separation of powers. The article examines the history of the emergence and evolution of the theory of separation of powers, analyzes the practice of applying the theory of separation of powers in foreign countries and the problems of implementing the principle of separation of powers in modern Russia. Based on the analysis of the current state of the concept of separation of powers, the authors propose to expand the classification of models of the theory of separation of powers. Results. The concept of the separation of powers has always been a powerful tool to impact on state development, the formation and operation of the public power system in many modern states; it is the most important constitutional principle, called s one of the signs of the legal state. And this is despite the fact that in legal science there are still disputes about the essence of the concept of separation of powers, about its significance in the progressive development of the public power system, about the number of powers, about the relationship between the principle of separation of powers and the principle of unity of state power, etc. The classical theory of separation of powers cannot be understood as something frozen in time. She is no stranger to development and improvement. Throughout its history, this concept has proven its flexibility, versatility, and ability to various modifications. The concept of separation of powers is constantly evolving and adapting to the objective needs of the development of society and the state, trying to match the modern processes of complication of socio-economic and political-legal relations in the state.

The article addresses issues of understanding such a legal construction as a "legal regime." The basis of any study, any discussion is uniformity in understanding the content of legal terms. When identifying the essence of a legal phenomenon, a process, it is important to define criteria that would make it possible to find a basis for their uniform understanding. The aim of the research is to identify possible approaches to understanding the legal construction of the "legal regime," to identify a criterion to show differences in understanding of the term "legal regime" and "legal status." The study is based on the views of law theorists, who laid the foundations of legal understanding. Attention is focused on the legislative use of the phrase "legal regime". The legislator, as a rule, uses the term "legal regime" in the meaning of a set of rules introduced in case of need of severe influence on public relations, special protection of the interests of subjects of law. It is noted that industry sciences have developed their own approaches to both the doctrinal understanding of the "legal regime" and the possibility of using this concept in legislative regulation. The legal construction "legal regime" has its own content, object of influence and limits of its use. These parameters give reason to distinguish between the "legal regime" of the concept of "legal status". Meanwhile, the branch sciences have developed their own approaches to both the doctrinal understanding of the "legal regime" and the possibility of using this concept in legislative regulation. The doctrine uses the legal regime in the sense of a set of rules introduced in case of need of a tough impact on social relations, special protection of the interests of subjects of law. These parameters give grounds to distinguish "legal regime" from the concept of "legal status".Attention is paid to understanding the object of the impact of the legal regime. By such objects, the authors mean property, territory, the interests of the state, society, and personality. The rationale for this understanding of the object is given.

The term "risk" has entered the everyday lexicon for a long time, but in economic, political and legal sciences it has been used very actively in recent decades. Here, and when conducting internal financial control, according to the Decree of the Government of the Russian Federation dated 06.02.2020 No. 95 "On approval of the federal standard ... financial control"[11] among the principles of control, the risk-orientation principle is indicated, which denotes the concentration of efforts and resources in relation to the objects of control and their activities, for which the most likely occurrence of events that can cause damage to public legal education and can lead to inefficient use of budget funds, significant distortion of information about the assets of the state and local governments, obligations and financial results. That is, the regulatory document establishes a criterion according to which, during control actions, it is necessary to pay attention to those areas of financial activity in which there is a risk of damage to the state, the subject of the Russian Federation, local governments, and also are evidence that there are defects and failures in the administrative and management system of the state [7, p.77] and in the Order of the Federal Treasury dated June 1, 2021 N 173 "On approval of the Interim Guidance on the application of the Federal Treasury risk-oriented approach in the implementation of control activities in the financial and budgetary sphere" it is also noted that the need to pay attention to to those areas of financial activity in which there is a risk of damage to the state, the subject of the Russian Federation, local self-government bodies [14].

The purpose of the study. Analyzing certain provisions of the current legislation on the seizure of a land plot for state or municipal needs, to identify the circumstances that prevent the provision of guarantees for the rights of right holders of land plots during their seizure. Conclusions. The author concludes that the legislation contains a number of provisions that impede the provision of guarantees of the rights of right holders of land plots during their seizure. These include the provision on the admissibility of withdrawal of a land plot for the purpose of constructing a facility that is not subject to mapping in territorial planning documents in circumstances where the authorized body is not required to provide evidence confirming the exclusive need to construct the facility in the public interest, as well as evidence that the facility cannot be placed in another location. In the author's opinion, the infringement of the interests of right holders may result in the adoption of decisions on the seizure of a land plot on the basis of applications by persons provided for in article 56.4 of the Land Code of the Russian Federation. 56.4 of the RF Labor Code. The author gives an ambiguous assessment of the presumption enshrined in the legislation that the right holder received a draft agreement on the withdrawal, noting that the implementation of norms on this presumption does not always allow the rights of those persons whose land plots are subject to withdrawal to be respected. The article notes the importance and need for understanding in order to further enshrine in the legislation the provisions on the obligation of authorized bodies to enforce their decisions on the seizure, the cancellation of the decision on the seizure and the legal consequences of the cancellation of such a decision, including providing for compensation for costs incurred by right holders of land plots.

Under present economic conditions on water transport the number of managing subjects and the variety of objects have increased. Floating objects which can be used for various purposes, not only those related to navigation, are one of them. The concept of a floating object and requirements for its operation are relatively new in the national legislation. The purpose of this study is to analyze the concept of a floating object, to define its place in the system of inland water transport facilities and to consider some issues arising in connection with the accounting of such facilities. On the basis of the investigation, the author comes to a conclusion that the present definition of a floating object is not sufficient, it does not define exactly what objects are meant, which leads to an expansive interpretation of this concept and unreasonable burdens for some owners of such objects. In particular, it is proposed to develop an official classification of floating objects in order to eliminate the problem of ambiguity, also taking into account legal norms of the European law. Also some issues of account of floating objects that cause problems in law-enforcement practice and require elimination.

The article discusses the reasons why most often drivers who are involved in a road traffic accident go to court. The evidence is analyzed, with the help of which the court can establish guilt in the commission of a road traffic accident. The concept of "mutual fault" of drivers who participated in a road accident is revealed. The analysis of the degree of the driver's guilt, which can be considered by the court as mutual, is carried out. The study reflects the most interesting court decisions on this topic. The authors, as a result of the study, come to the conclusion that the most private evidence in disputes related to the establishment of the guilt of a vehicle driver is an expert opinion. In some categories of disputes, special documents may act as evidence, for example, in disputes with municipal institutions, evidence may be an act on identified deficiencies in the operational condition of the road. The authors also name other evidence that can confirm the guilt of the drivers. At the end of the study, a conclusion is presented that it is necessary to establish the guilt of the drivers in each individual case of a traffic accident, for a fair resolution of the dispute.

The purpose of the study was to analyze the prospects for the development of social entrepreneurship in Russia. To do this, the author investigated the factors influencing the scenario under which domestic social entrepreneurship will develop. Among these factors, dynamically changing legislation, the role of the state and big business, as well as the structure of forms of support provided by these actors are considered. Conclusions. In the course of the study, conclusions were drawn about the multivariate prospects for the development of social entrepreneurship. The analysis of the factors that have the greatest impact on the development of this institution gave an idea of the directions in which Russian legislation and state policy should be improved in order to ensure the growth of the scale of social entrepreneurship in the future. Proposals have been made for legislative changes aimed at clarifying the legal status of social enterprises, as well as at increasing the number of social entrepreneurs, developing state and other support for social business in Russia.

The purpose of the publication is to show the issues of social conditionality of the establishment in Article 212 of the Criminal Code of the Russian Federation of responsibility for preparing a person for organizing mass riots or participating in them; inducement, recruitment or other involvement of a person in committing actions, as well as the passage of training by a person knowingly for a student conducted for the purpose of organizing mass riots or participation in them. Conclusions obtained during the study. The legislator, when establishing criminal liability for preparing a person for organizing mass riots or participating in them, inducing, recruiting or otherwise involving a person in the commission of actions provided for in Article 212 of the Criminal Code of the Russian Federation, as well as the passage of training by a person, obviously for a student conducted for the purpose of organizing or participating in them, did not fully take into account the principles of systematic criminal legislation and differentiation of criminal liability. This has led to an inadequate assessment of the public danger of the acts committed, in particular, for activities that actually constitute preparation for mass riots, for which a more severe punishment is provided than for participation in mass riots. According to the authors, this contradiction should be eliminated. In addition, the authors propose independent responsibility for calls for mass riots, as well as calls for violence against citizens (now these acts are provided for in Part 3 of Article 212 of the Criminal Code of the Russian Federation). The scientific significance of the publication lies in the fact that it makes a certain contribution to the criminal legal counteraction to mass riots, allows for more differentiated responsibility for various forms of this crime. The practical significance of the publication lies in the fact that it contributes to the legislative process related to the criminalization of acts in the field of public security, as well as the application of criminal law norms providing for responsibility for their commission.

The article deals with the criminological model of the development of organized criminal groups in the area of drug trafficking, psychotropic substances or their analogues in the Russian Federation, its main determinants, the foundations of intergovernmental cooperation to counter these types of criminal acts. In the issue of drug trafficking, a certain vacuum was formed, which was formally a consequence of the abolition of criminal and administrative liability in the case of their non-medical (without a doctor's prescription) consumption in 1991. Both domestic and international experience prove: besides the cases of direct violence against an individual, organized crime undermines the foundations of civil society, violates the typical functioning of public authorities and order, pose a serious threat to the dignity and personal safety, especially women and children. As an integral part of state-building, a legal and institutional framework against drug abuse is gradually being created. Unfortunately up to the present day the Russian Federation has not fully overcome the crisis in the economy and social life of society, which complicates the planning and implementation of comprehensive measures to effectively combat the organized crime in the area of drug trafficking.

The purpose of the research. The increase in the scale of corruption crime is due to the criminogenic situation in the country that permeates all areas of life, in that case, the education system. For the education system, every manifestation of corruption is more dangerous, since education is the basis for the intellectual development of society and individually of each person and our future generation, contributes to ensuring and implementing the goals of the state, facilitates the process of growth in a prosperous state, a high standard of living of society, safe working conditions. In the course of the conducted research, the main reasons for the commission of corruption crimes were identified: a low level of knowledge of normative legal acts regulating relations in the field of committing corruption crimes; overestimated self-esteem of officials and civil servants engaged in higher education; weakened control over the behavior of society; putting greed and personal enrichment in the foreground, taking into account the belittling of the interests of an individual citizen and society as a whole; a difficult economic situation; political inequality; poorly developed moral and spiritual values.

The article examines a number of topical issues today related to the interpretation of administrative prejudice and its features as an interdisciplinary institution of criminal law in Russia, the problems of using administrative prejudice in qualifying certain crimes, which is due to both the development of domestic law and the policy of the state in terms of criminalization and, on the contrary, decriminalization of certain acts. The concepts of "prejudice" and "the state of prejudice" are analyzed from the point of view of the development of the legal system as a whole. The main features of administrative prejudice and their essence are determined, based on the structure of the gravamen of a charge of some crimes by the legislator. The article considers the concept of administrative prejudice as a "legal category", "legal means", "legal structure". An analysis of individual articles of the Criminal Code of the Russian Federation, containing an administrative prejudice, was carried out, during which some difficulties of their interpretation and law enforcement were identified. In the course of a comprehensive analysis of the norms of criminal and administrative law, the basic principles of the application of administrative prejudice were established in the context of the need to distinguish between administrative and criminal liability. The positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, in conjunction with the main approaches to the problem of the expediency of enshrining administrative prejudice in the criminal law of Russia, at the legislative level, are considered. The main gaps in the intersectoral differentiation of responsibility are identified, and recommendations for their elimination are developed, an assessment of the possibility of introducing administrative prejudice as an interdisciplinary institution is made, and the conditions under which this institution can show its effectiveness, including from the point of view of the application of criminal law, are shown.

The purpose of this article is the author's desire to show the imperfection of the legal regulation of the professional right of a lawyer to collect information necessary to provide legal assistance to the principal through a lawyer's request, to reveal the problems of the implementation of this right by a lawyer-defender in criminal proceedings due to its insufficient provision with the necessary legal guarantees, as well as to propose the most optimal variant of legislative regulation of the details of a lawyer's request, the timing and procedure for providing information on it, which is necessary for a lawyer's request to be a truly effective means of providing qualified legal assistance. In accordance with this goal, the author of the article comes to conclusions about the need at the legislative level to strengthen the guarantees of this professional right of a lawyer, including to provide for administrative liability for providing incomplete information on a lawyer's request, to legislate a more severe sanction of Article 5.39 of the Administrative Code of the Russian Federation, to shorten the time for providing information on a lawyer's request, to provide for the possibility in Russian criminal proceedings for a lawyer-defender to obtain information through a lawyer's request, access to which is restricted. The article notes the need to regulate the form and content of a lawyer's request, the procedure for its registration, prohibitions for subjects responding to a lawyer's request, precisely at the level of the federal legislation of the Russian Federation, in order to exclude possible abuse of the right to refuse to provide information requested by a lawyer from these subjects. According to the author, strengthening the guarantees of the professional right of a defense lawyer to obtain information to protect the rights and legitimate interests of the principal will allow equating a lawyer's request to the request of state bodies (their officials) responsible for criminal proceedings.

The aim of the study. The article examines the issues of the motivation of interim court decisions on the extension of a preventive measure in the form of detention. The aim of the study is to identify the level of motivation of these decisions, which is necessary to increase the level of legal guarantees for the observance of human rights and freedoms, as well as to determine the directions for improving the criminal procedure legislation and judicial practice. Conclusions. As a result of the study, the author comes to the conclusion that the level of motivation for interim court decisions is low, which leads to heterogeneity of judicial practice and the adoption of court decisions that violate human rights and freedoms. There is a need to develop scientifically grounded recommendations and proposals for amending the Resolution of the Plenum of the Supreme Court of the Russian Federation "On the practice of applying by courts legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions" in order to increase the level of motivation of court decisions on the extension of the preventive measure in the form of detention.

The purpose of this study is to determine the meaning and role of interim court decisions in criminal procedural activity, their ability to influence the issuance of a legal, well-founded final court decision and the fulfillment of the purpose of criminal proceedings. The study made it possible to draw a conclusion about independent criminal procedural significance of interim court decisions, which consists in fulfilling the purpose of criminal proceedings in the course of pre-trial proceedings by creating a condition for the legal course of the investigation of a crime. Intermediate decisions ensure the rights and legitimate interests of participants in criminal proceedings in the preparation and consideration of a criminal case on the merits in order to make a legal, reasonable and fair final decision. To substantiate the independence of interim court decisions and their ability to influence the legality of the final court decision, examples from judicial practice are given where failure to issue an interim decision is the basis for canceling the sentence and sending the criminal case for a new trial.

Analysis of statistical data on changes in the number of economic crimes committed and the number of crimes committed using high technologies, and the reasons that contributed to that, allows us to establish the interconnection. It is the economic sphere in the 21st century that is becoming the most relevant object of criminal encroachment given conspiratorial opportunities in the conditions of computerization of society. For the reasons above, computer traces acquire special relevance in the identification, disclosure, and investigation of economic crimes, special knowledge about the features which may entail the destruction, damage, or modification of the information available about that. The article notes that agriculture is one of the key branches of the agro-industrial complex, which is exposed to crime in the conditions of computerization of society. This circumstance contributed to the change and emergence of new ways of committing embezzlement in agro-industrial complexes using high technologies, which determines the organizational and tactical basis for the identification, disclosure, and investigation of such crimes. The information contained in the computing environment may form the basis of the evidence base, thus, it is necessary to carefully consider and learn the ways of committing theft in agro-industrial complexes using high technologies; develop appropriate methodological recommendations.

The purpose of the research: The present research aims at analyzing the structure of the legal awareness and the factors that influence its formation, considering the ways a legal stereotype appears and functions, as well as describing the details of the process of legal awareness formation in students studying legal English and legal systems of the common law countries. In the course of an associative experiment the students were asked to provide associations to stimulus words «court», «jury» and «law». The authors attempt at finding out if it is possible to speak about the interference of legal stereotypes when students study a legal foreign language. Conclusions: In the course of the experiment the authors arrive at the conclusion that while studying legal English and legal systems of common law countries, the students acquire legal attitudes, norms and values of a foreign language society. Consequently, the secondary legal socialization takes place, which is represented by emergence and fixation of foreign language legal stereotypes and legal attitudes in future Russian lawyers. The results of the experiment prove the fact that law students possess already formed foreign language legal stereotypes. It is regarded desirable to work out recommendations for foreign language stereotypes formation in case it is necessary to correct already formed legal attitudes and stereotypes in the native language.