Том 13, № 1 (2020)

The article is devoted to the emergence and evolution of two specific norms of international maritime law in the Middle Ages and partly in the early new time. The rules arose on the basis of legal custom in medieval Norway and Germany and continued to exist for several centuries, thereby complicating international maritime trade and transport links. The reasons for their long existence were features of the historical development of European countries in the Middle Ages, associated with the consequences of the era of the Great Migration, the spread of the customary law of Germanic tribes and the increased activity of the peoples of Scandinavia and Northern Europe as a whole.In the 9th century the rulers of European states began to think about counteracting such legal phenomena. The authors conclude that legal practices that have occurred that impeded the development of international maritime law in the Middle Ages are gradually becoming the offense. The article analyzes several legislative collections and identifies features of legal methods to combat such phenomena.

The formation of a partnership model of relations between the state and the institutions of civil society is one of the actual problems in the modern science of the state both in Russia and in foreign countries. It is represented the theoretical and practical aspects of the problem of the determination the nature, characteristics and principles of social partnership, which find different manifestations in various state-legal systems. The article attempts to characterize partnership as a type of social interaction. The analysis of the semantic content of the term "partnership" in modern foreign science is carried out. The main features of the partnership model of interaction of the subjects with the focus on partnership between the police and the civil society institutions are described. The conclusions are about the effectiveness of the partnership model of cooperation between the police and the institutions of the civil society in modern Russia; about the regularities of public participation in the realization of state functions in the field of security in modern conditions; about the importance of trust for effective partnerships. It are listed the main components of the mechanism of partnership between state institutions and civil society institutions in the field of realization of the law enforcement function. It is described the experience of various countries about the partnership between the law enforcement agencies and the civil society institutions, the understanding of which should contribute to the formation of effective forms of partnership between the police and the civil society institutions in modern Russia.

The purpose of this work is to study the most significant episodes in the history of the realization of the right to participate in the management of state affairs in Russia from the Middle Ages to the present day. The author finds that in Russia in all periods of the history of the state the idea of people's participation in government was demanded. This idea was put forward by ancient philosophers. Moreover, the author concludes that currently there are gaps in the perception of this right and a lack of legal culture of the population as a whole. The author emphasized the key stages in the development of the right of citizens to apply to state authorities. The author calls upon, when considering forms of exercising the right of citizens to participate in the management of state affairs, not to reduce the discussion to a close study of the provisions of the Constitution of the Russian Federation, but to take into account and comprehensively study new forms of exercising this right.

The article discusses issues related to the stages of the development of the law of succession in Russia, from the first decrees of the Soviet government to the Civil Code of the RSFSR 1964.

The purpose of writing this article is to study the issues of conflict regulation of international labor relations complicated by a foreign element. The task is to analyze the problems and contradictions of the current legislation, ways to solve them are proposed. The research methodology is represented by the comparative legal method and scientific analysis. The results of the study can be used for further scientific work and research. Of particular value is the work for persons who specialize in the study of labor relations complicated by a foreign element.

The article is devoted to the study of one of the most urgent problems of recent years, which affects the issues of responsibility of state bodies and officials, the form of its implementation, as well as the features and specifics of offenders who are subject to its involvement. In it, the authors attempt to define the concept of delict liability of state bodies and officials, to reveal its General, General features, to identify distinctive features and on this basis to formulate its definition. To a certain extent, the issues of the essence and purpose of this type of civil liability are touched upon. In the framework of the study, the authors state the growth of the practice of appeals of individuals and legal entities affected by violations of state bodies and officials. Analyzing the theoretical provisions, the authors pay attention to certain insufficiently resolved aspects of the studied problem and state the need for a single normative act that is supposed to regulate the delict liability of state bodies and officials. Purpose: to investigate the theoretical aspects of delict liability, to establish its relationship with the General concept of civil liability and to study the forms of its implementation in law enforcement practice. The study uses the following methods: review and generalization of research by other Russian and foreign scientists on this issue, statistical analysis, interviews, interviews of victims of violations of state bodies and officials, interviews with law enforcement and judicial officials. The scope of the results. The results of the work can be used in the prevention of offenses of state bodies and officials, in law-making activities aimed at improving delict liability, in the pedagogical practice of higher educational institutions, as well as in the educational process at law faculties.

The article is devoted to the role and importance of an international treaty in the recognition and enforcement of foreign judgments. The author analyzes the features of the interpretation of the term “international treaty” in relation to the studied legal institute in Russian law. The analysis of the preamble of Regulation No. 1215/2012 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters presented in the article helps to understand the European approach to determining the functions of an international treaty in this area and compare its with similar approaches presented in international agreements within the CIS. The article confirms the growing role in modern integration processes of the international treaty as a method for regulating the recognition and enforcement of foreign judgments.

The purpose and objectives. The main goal is to determine trends in the legal regulation and formalization of the artificial intelligence’s legal personality in Russian and international law, to review the legal status of a human, person, individual and citizen, to analyze the positions of jurists, as well as public documents and projects on the issues of artificial intelligence regulation and subjectivity. Methodological approach. Legal forecasting, general academic methods, as well as elements of legal comparative, legal historical and legal interpretation methods serve as instrumentation of the research. Results and conclusions. The article reveals the features of the modern formal and theoretical legal framework on the regulation of artificial intelligence in Russian and international law, existing gaps in the legislation. Originality and value. The study is valuable in view of its relevance and originality. It focuses on the possibilities of artificial intelligence’s legal regulation and formalization of the legal personality in Russian and international law.

The article analyzes the active automation and digitization of the main spheres of public life, namely those related to labor and social security relations. An in-depth study of legal and regulatory sources that support the transition to electronic document management is being conducted. The author also compares the experience of foreign countries with the current changes taking place in the Russian Federation. In conclusion, conclusions and suggestions are made on objectivity, the need to introduce digital technologies in the social and labor sphere, and the possibility of improving the legislative regulation of these issues.

The article is devoted to the criminal-legal regulation of crimes in the sphere of economic activity. Despite the huge profits that economic crimes bring, the Russian legislator, through lobbying attacks, has created opportunities to evade criminal responsibility rather than create a significant preventive barrier that can minimize the scale of such crimes.

As you know, the current criminal Code of the Russian Federation contains an exhaustive list of rules for which the legislator provides for criminal liability. A certain similarity in the design of the elements of different constituents often leads to conflict and competition of individual articles and their provisions in the doctrine of criminal law and practice of application. Recently, there has been a tendency to expand the norms of the Special part of the criminal code of the Russian Federation, which exacerbate this problem. An increase in the number of rules does not always mean their effectiveness, and there is no gap in the current criminal code of the Russian Federation. The article deals with actual problems contained in the legislative structure of the norms providing for criminal liability for hostage-taking and kidnapping. Purpose of the article: This work aims to study the problem of qualification of crimes on the basis of elements of crime, violation of the principle of justice and insufficient individualization of criminal responsibility hostage-taking and kidnapping. The authors aim to demonstrate and specify the existing gaps in the current legislation. Methodology and methods: the article uses a comparative legal research method, as well as a method of interpretation of legal norms, which allow us to better understand the institutions of criminal law and determine the main directions of their development. Conclusions: the problem of imperfections in the current legislation is relevant to study, as evidenced by the judicial practice in criminal cases, discussions and works of legal scholars. The doctrine also notes the need to observe the principle of justice in order to achieve the goals of the criminal law. Problems in the construction of these norms lead to the problem of misqualification of the investigated crimes, and the problem of differentiation of these norms. Application of the results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, postgraduates who study this area of criminal law, but also this material may be of interest to teachers of law schools, can be used as a guide for the preparation of practical and seminar classes

This article highlights and discusses some problematic features of the qualification of public calls to carry out terrorist activities, public justification of terrorism or propaganda of terrorism committed using information and communication technologies. The author analyzes the current state of criminal law, takes into account the opinion of scientists on this issue, refers to judicial statistics and judicial-investigative practice. Based on the results of the study, specific conclusions and proposals were formulated aimed at improving the criminal legislation in the field of combating terrorist crimes, practice on the qualification and proof of the crime in question.

The article discusses the relationship of suicide and bringing to suicide in terms of criminal law. The norms aimed at the criminal law protection of human life are analyzed in detail. Data on the current state of suicides in the world, including in the Russian Federation, are provided. It is proposed to pay attention to the prevention of this phenomenon.

The article examines the features of forced labor, their position in the system of criminal penalties, analyzes the latest legislative innovations, identifies gaps in legal regulation and offers recommendations for their elimination. Special attention is paid to the problem of determining the places of serving forced labor. The authors come to the conclusion about the need to change the essence of punishment in the form of forced labor by giving independence and recognition as the main type of punishment, as well as the need to introduce tax incentives to encourage organizations to create on the basis of their property plots that function as correctional centers.

The task. Since 2016, the criminal legislation of the Russian Federation contains a new basis for exemption from criminal liability - a judicial fine. Practice everywhere uses this basis, but in three years of application, the range of problems that are considered in the doctrine has significantly expanded. This is due to the complex legal nature of the court fine and, consequently, insufficient legislative regulation. The criminal law does not define the purpose and social significance of exemption from criminal liability with the appointment of a judicial fine, which entails gaps in the application. To ensure that the study is comprehensive, it is necessary to address doctrinal problems and consider them from a practical point of view. Conclusions. The authors conclude that the legislative measures currently available are not sufficient to fully regulate the court fine. The author's version of article 76.2 of the criminal code of the Russian Federation and changes in criminal legislation is proposed. Practical significance. The application of the proposals specified in the work will bring the purpose of the criminal law into line with the purpose of the institution of a judicial fine. It is believed that there will be an increase in private prevention, which will lead to a decrease in the Commission of crimes. Social consequences. The study forms an idea of the institution of a judicial fine as a new way to legally avoid punishment. Knowledge of this type of exemption from criminal liability will allow you to formulate proposals for improving criminal legislation to increase the private-preventive potential of the institution of a judicial fine. This will activate the mechanisms of criminal legal influence on the perpetrator and reduce the likelihood of repeated or pre-trial release from criminal liability with the imposition of a judicial fine. Originality / value consists in using a formal legal approach in the study of rules on exemption from criminal liability with the appointment of a court fine, which allows us to consider the problems of application and draw conclusions necessary for further improvement. The paper offers original author's conclusions about ways to strengthen the preventive potential of the institution of a court fine, the application of rules with administrative prejudice, the size, timing and procedure for paying a court fine.

The article describes the system of punishments as an integral element of the system of measures of criminal law influence. Specific features of the current system of punishments are called: punishments are determined only by criminal legislation; the list of sentences is mandatory for the court; punishments are arranged in a certain order; the list of punishments is exhaustive. The types of punishments are revealed. It is concluded that criminal penalties are in a state of constant interconnection and interaction, as well as competition with other criminal-law measures. Being an auxiliary subsystem of the system of measures of criminal law influence, they are able to limit, strengthen or mitigate, that is, to specify the assigned criminal punishment.

This article aims to define the "evasion" term in the context of criminal law. The author shows the lack of interpretation of this term in normative-legal and judicial acts, despite the frequent use of this term in the constructions of articles of the Special part of the Criminal code of the Russian Federation. The author defines the main features of the term and formulates his own definition applicable to the criminal legislation of the Russian Federation, as a result of the analysis of the lexical meaning of the word "evasion", as well as the analysis of the researchers positions on the interpretation of the term "evasion" in the context of various crimes. The practical significance lies in the possibility of using the results of the study in theoretical research, as well as in law enforcement practice.

Task: 1) the study of the procedural and legal nature of evidence obtained through the use of computer technology in criminal proceedings; 2) the analysis of trends in the criminal procedure legislation, due to the introduction of electronic systems in criminal proceedings. Methods: formal legal, structural, comparative legal. Results: conclusions are formulated regarding the prospects for the development of the norms of criminal procedure legislation, due to the use of modern computer technologies.

The article analyzes the main features of the disclosure and investigation of corruption-related crimes; analyzes the problems associated with the detection, disclosure and investigation of corruption crimes. A number of criminal procedural and criminalistic aspects of bringing individuals to criminal responsibility for corruption crimes are considered.

Purpose To consider Russian experience in the formation of the legal institute of electronic (digital) customs. Design/methodology/approach The research article is devoted to the development of the Institute of Electronic (digital) Customs in the Russian Federation. The subject of the research is the Institute of Electronic Customs. In this vein, it is analyzed the Comprehensive Program for the Development of the Federal Customs Service of Russia for the Period until 2020, the draft Strategy for the Development of the Customs Service of the Russian Federation until 2030, the draft and existing acts of the Federal Customs Service of Russia governing the institute of electronic customs. Special attention is paid to electronic customs, as a specialized customs body within the framework of improving information systems and resources of the Customs Service. It is also analyzed the problems of creating electronic customs and centers for electronic declaration. Social implications The introduction of the electronic customs institute in the customs legislation of the Russian Federation as a whole is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning The results of the study are of interest to the Eurasian Economic Commission customs block; they can be used in the framework of organizing the work of the «Electronic Customs» Thematic Block. 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, modernization of the electronic (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 EEC's activities and is a continuation of scientific and practical publications on the development of the electronic (digital) customs institute.

In this work, special claim proceedings, recognized as a kind of claim proceedings, are studied by the authors as a kind of public proceedings, since the concept of special claim proceedings, unknown to the countries of the post-Soviet space, except for modern Kazakhstan, is collective. To this day, the Kazakh courts, in view of the absence of cases arising from public-legal relations, established by law procedural form of legal proceedings, with the use of which would be considered and resolved public-legal disputes, continue to examine them in the order of special claim proceedings. According to the legislation of the Republic of Kazakhstan on civil proceedings, cases arising from public or administrative legal relations belong to the category of causes related to challenging the legality of legal acts, decisions, actions, omissions of public authorities, officials, civil servants. When considering and resolving this category of cases, the Kazakh courts exercise constitutional powers to ensure the rule of law in the sphere of public administration and local self-government, namely the functions of judicial control and norm control. The purpose of the presented work is to disclose and describe both General and private features characteristic of cases arising from public or administrative relations. The General rules of claim proceedings are applied to this category of cases with some exceptions and (or) separate additions, which took place in the previous procedural legislation, namely in the Imperial, temporary and Soviet. This circumstance once again convinces everyone that Kazakhstan's national law is characterized by such features as: succession and gradual development. In the context of the implementation of the steps of the second institutional reform of 2015, aimed at ensuring the rule of law, the control functions carried out by the judiciary in the field of public legal relations are becoming relevant. At the same time, the relevance of the chosen topic increases in the conditions of development of forms (methods) of judicial power, namely the procedural form of administrative proceedings. Despite the legislative work done in this direction, the authors still prefer the procedural form of civil proceedings and recognize it as the most universal. Nevertheless, the authors Express the hope that in the future, a special claim proceedings may be separated from the claim form of legal proceedings and separate into a separate procedural form of legal proceedings established by law.

The article discusses the development of the criminalistics theory of reflection in the post-Soviet period. The necessity is proved, on the one hand, of preserving the created R.S. Belkin's theory of reflection. The authors of the article consider it necessary to limit the theory of reflection to criminalistics technology, since it studies the objective stage of reflection. A concept is proposed that summarizes the ideas of R.S. Belkina. The proposal is to apply the Hegelian scheme of cognition to the forensic theory of reflection, when the subjective stage of reflection is the beginning of cognition. The literature is analyzed in which the position of R.S.Belkina is criticized. The unconstructiveness of the statements of opponents R.S. Belkina. The main drawback of criticism by opponents of the theory of reflection is that no alternative to the existing criminalistics theory is proposed. The false thesis is refuted that in the Soviet period of the development of criminalictics science, the philosophy of dialectical materialism impeded private legal sciences. On the example of criminalisticsscience it is shown that the theory of advanced reflection neurophysiologist P.K. Anokhin could be used as the epistemological basis of forensic tactics and methods of investigation of certain types of crimes. A comparison of the Soviet period in the development of criminalistics science with the post-Soviet period allows us to identify the relationship between the dominant scientific paradigm and private forensic theory. It is noted that the presence of a connection in the Soviet period with a dominant philosophical position (dialectical materialism) provided the necessary condition for the development of any particular science for that time - unity with other humanitarian and natural sciences, in this case, forensic science. This happened against the background of lack of competition from other sections of criminalistics, since they did not create concepts that lay claim to the level of philosophical generalization The achievements of previous generations of criminalistics scientists in the field of the theory of knowledge should not be rejected indiscriminately. In the post-Soviet period of development, the criminalistics theory of reflection is improved and supplemented by a Hegelian sequence of knowledge, in which the subjective stage of reflection begins.

The article deals with the criminal procedure and criminalistic aspects of bringing to criminal responsibility persons involved in the organization of smuggling of particularly valuable species of animals. The article provides an analysis of the subjects of the crime under article 226.1 of the criminal code from the point of view of theory and law enforcement practice. Recommendations are made to counteract the Commission of crimes under article 226.1 of the criminal code.

In the article “The Essence of State Coercion” is investigated as a system built taking into account certain principles and structural connections between its constituent elements. The goals and objectives are identified, the content and grounds of application are analyzed, the pre-determining effect on the nature of measures of state coercion in cases of administrative offenses is substantiated. The purpose of the study is to identify and solve such problems as: analysis of scientific research materials and regulatory regulation of interaction between authorized bodies and their officials, who apply measures of influence to the subject subject, on the one hand, and those who are forced to undergo , to implement the measures applied, on the other hand, in the process of applying state-compulsory measures. Participants of state coercion as a specific protective legal relationship are endowed with relevant rights and obligations. The above allows us to consider state coercion as a method of state management, which involves the use by the competent state bodies and their officials of a psychological effect on the consciousness, will and behavior of coercive persons by implementing state coercive measures in the procedural form provided for by industry legislation entailing infringement of legal restrictions of a moral, personal, property and organizational nature, with the aim of stagnation these persons to fulfill their legal duties, in compliance with the prohibitions established by law.

The advent of a market economy marked the active involvement of all subjects of civil legal relations in the distribution, management and use of private property. The legitimate use of private property, as well as protecting the interests of its owners is one of the priority tasks of law enforcement agencies. The article discusses issues related to the formation of the main features and characteristics of certain types of administrative offenses in the field of property protection. A conditional classification of groups of administrative offenses in the field of property protection is proposed. The problematic issues of obtaining evidence in the framework of conducting preliminary checks on the commission of administrative offenses in the field of property protection are highlighted.