Том 16, № 1 (2023)

The topic of combating crimes against peace and humanity was analyzed by the author in historical and theoretical terms; aggression, state banditry were exposed, the issue of war crimes in World War II was studied in detail, the organization and conduct of the trial of the main German and Japanese war criminals in Nuremberg and Tokyo, other legal problems of criminal responsibility for crimes against peace and humanity. After the Second World War, the foundations of a new, common system of collective security were laid in the form of the United Nations, in the creation of which the USSR took an active part. Chapter VII of the Charter established a whole system of measures to ensure collective security against aggression.

Purpose of the study. This article provides a system of views of various scientists regarding the definition of the concept of «legal fact». Attention is drawn to the fact that pluralism in resolving this issue is due to the fact that a legal fact as a legal category denotes a phenomenon located at the intersection of legal and physical reality. Results. The diversity of views regarding the interpretation of the concept of a legal fact indicates the presence of many facets that characterize the essence of this legal phenomenon. It is concluded that there is an urgent need to consolidate efforts to develop a system of concepts and terms that reflect the above approaches, taking into account the fact that each of them draws attention to certain aspects that characterize various segments of the actual basis of legal regulation as a whole.

The purpose of this scientific article is to highlight the trends and stages of their transformation based on the analysis of the existing system of party duties. The author also compared the controversial issues of legal regulation of party activities with the emerging judicial and administrative practice. To achieve this goal, the author used the method of legal hermeneutics to analyze the construction of norms on the legal obligations of political parties. Conclusions: As a result, the author revealed defects in the legal regulation of party activities. The studied legal obligations of the parties have acquired an unstable character in the Russian legislation. The author established the duplication and dissymmetry of the legal regulation of party activities. The concretization of legal norms on the obligations of parties demonstrates a contradictory trend in the redistribution of administrative powers. The subordination of party relations to departmental regulation is brought to the legislative level. This gives the norms of party law a technical-legal character instead of formulating legal guarantees. Such a detailed regulation of the actions of the executive authorities is intended to formulate legal guarantees for the implementation of legal obligations by the parties. However, the author states a wide range of administrative and judicial discretion in using the shortcomings of party legislation, and the emerging judicial practice is very ambiguous in overcoming gaps in law.

In the article, the object of the study is labor and directly related relationships, one of the subjects of which is the head of the organization. The subject of the study is the problems of the legal regulation of his liability for causing damage to the organization led by him. At the same time, an analysis of the norms of labor legislation governing the material liability of the head of the organization is carried out, the need for which is caused by the legislator of the policy from the moment of the formation of a market economy in Russia aimed at regulating this liability by the norms of civil legislation leading to the destruction of the legal mechanism of the protection of labor rights and interests formed by labor legislation employees performing the labor duties of heads of organizations. The novelty of the work lies in the fact that the illegality of the introduction of the norms of citizenship legislation in the sphere of relations on the liability of the specified subject by mechanical transfer to labor legislation is argued by the specifics of its legal status, predetermined by Art. 273 of the Labor Code of the Russian Federation, which consists in the fact that the head of the organization is executing the powers of the employer and, at the same time, by virtue of the employment contract, is a hired employee, like all other workers, in connection with which he fully extends the validity of the norms on the material the responsibility of the employee enshrined in chapter 39 of the Labor Code of the Russian Federation. In addition, analysis of the category "loss" used in part 2 of Art. 277 of the Labor Code of the Russian Federation, it is so far that it, being not identical to the term “damage”, fixed in Art. 238 of the Labor Code of the Russian Federation, inherent in civil law relations, which excludes its use in relations on the liability of an employee who acts as a management of the organization. The author’s special contribution to the study of the legislative concept on the liability of the head of the organization is the revealed set of its significant shortcomings, the norms of which contain elements of civil liability, which contradicts the basic principles of labor law and subin Institute of material responsibility of employees, and therefore specific proposals are made for their improvement, which will ensure the compliance of these norms to these principles.

This article discusses the right of citizens to organize and hold public events, as well as participation in them, as a relative right, taking into account the problematic aspects of the implementation of the studied prerogative by the subjects. The relevance of the chosen topic is represented by the need for a deeper theoretical study of the right to hold public events due to the formation of an erroneous idea among certain categories of citizens about the absoluteness of the law under study and an increase in the number of public events held not in accordance with the norms of the law or violating public order. The purpose of the study is to identify the relative nature of the right of citizens to hold public events. To achieve this goal, general scientific and particular scientific methods were used: logical, systemic methods, as well as historical and comparative legal methods. The study identified such problematic aspects as the lack of sufficient theoretical study of the absolute and relative boundaries of the right of citizens to public events. The main conclusions are set out in the conclusion of the article.

The purpose of the study: The article is devoted to the substantiation of the thesis on legal infrastructure as a system and environment for doing business. Interested in acquiring competitive advantages, entrepreneurs can effectively manage cases provided that the legal framework of a socially-oriented market economy is expanded. It is shown that the legal infrastructure is both a system that supports entrepreneurial activity with the necessary resources, and an environment in which it is only possible to conduct business. Legal resources, the basic element of which are formalized rules of conduct, in the process of functioning translate these rules into real economic behavior, into decision-making by economic entities, so that legal norms become factors of economic development.

In this article, the author examines approaches to the concept and legal nature of the claim procedure for dispute resolution. Common and distinctive features are highlighted, which make it possible to note the signs that combine the claim procedure with other alternative methods of dispute resolution, and to establish its exceptional features. Additionally, the author suggests considering the claim procedure as a construction that originally lies in the field of substantive law.

The relevance of the study of family and legal aspects of the use of assisted reproductive technologies is due to the fact that assisted reproductive technologies have a significant place in Russian family law, and the regulatory framework on this issue is still being formed, and judicial practice and government policy contribute to this in many ways, since the protection of motherhood and childhood has public legal significance for Russia. This value acquired the strongest coloring in the light of the addition of legislation by Decree of the President of the Russian Federation No. 809 dated 09.11.2022, approving the foundations of state policy for the preservation and strengthening of traditional Russian spiritual and moral values, determining that Russia's policy proceeds from the priority of traditional spiritual and moral values, among which such factors as a strong family, marriage (union of a man and a woman), having many children. Assisted reproductive technologies can have both a positive impact on these factors and a negative impact, since there is no holistic mechanism of responsibility of the parties participating in assisted reproductive technologies. Therefore, the main purpose of the article will be to study assisted reproductive technologies, the need for their imperative regulation, data gaps of private legal relations between the parties - parents (customers), surrogate mother, donors. In conclusion, the problems of access to assisted reproductive technologies for certain categories of persons referred to as «non-married couples», the problems of protecting the rights of potential parents of a child in relation to a surrogate mother are highlighted, the imbalance of rights between potential parents and a surrogate mother is noted, the need for imperative regulation of relations related to the use of assisted reproductive technologies in order to protect the basics of motherhood, childhood and ensuring the stable development of the institution of the family as a constitutional value.

The study addresses the issue of assessing the general state of cybercrime in our country, as well as the factors affecting its spread. The author, taking into account the opinions of other researchers, identifies the main determinants of computer crime at the present stage of development of the digital industry in the Russian legal reality.

Purpose: The purpose of this study is to establish the causes of the spread of cybercrime, as well as to identify the main problems in countering this phenomenon.

Among other methodological guidelines, the author used an analysis method to assess the state of cybercrime in our country, which made it possible to determine not only the main factors of its spread, but also the criteria of legislative logic that determines the effectiveness of the fight against it.

Results: The direct achievement of the study was the conclusion that in order to solve problems in countering extremist activity, it is necessary to organize serious educational and preventive work, in which the vector of attention should be directed not to limiting the use of online spaces, but to effective digital socialization of the younger generation, as well as the formation of the qualities of responsible and competent users in it.

Scientific novelty: The novelty of this study is that the author does not analyze only legislative miscalculations in the issue of legal counteraction to cybercrime, but also highlights the main reasons for its development, presenting their state as a factor based on human interest in the use of computer industry tools exceeding demand.

The practical significance of this work is that it analyzes the legal aspects of combating cybercrime, where the main focus is on the direct solution of the problems in this direction, as well as the elimination of the causes of their formation in the future. The author believes that the non-static nature of the determinants that form the law, the impossibility of successfully responding to illegal phenomena arising in cyberspace, on the one hand, is a consequence of its rapid development, on the other hand, a consequence of the poor study of the influence of such space on public consciousness. The results of the study can be used as the basis for modern scientific and practical views aimed at effective counteraction to cybercrime.

The realization of everyone's right to health protection and medical care, provided for in Part 1 of Article 41 of the Constitution of the Russian Federation, may be violated in connection with an attack on a person providing the required medical care. In this case, the attacker encroaches not only on the life and health of a medical worker, but also on the right to freely seek medical help. The purpose of the article is to develop proposals for improving the criminal law protection of persons lawfully providing medical care. The concept of criminalization and its content are analyzed. Based on the analysis of literature and practice, the authors substantiate and make proposals on the expediency of using the new term "a person lawfully providing medical care" and on the inclusion in the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation) of Article 237.1 "The use of violence against a person lawfully providing medical care".

The purpose of the study is to improve the institution of criminal responsibility for crimes that infringe on the freedom to determine the place of their stay, as well as to develop and make proposals to improve the relevant law enforcement activities. In particular, these are the acts provided for in Article 126 "Kidnapping", Article 127 "Illegal deprivation of liberty", Article 206 "Hostage-taking" and Article 301 "Illegal detention, detention or detention" of the Criminal Code of the Russian Federation. The listed crimes are in different chapters of the Special Part of the Criminal Code of the Russian Federation, however, they have an undoubted similarity with each other, since they all encroach on the realization of the right to freedom and personal inviolability provided for in Article 22 of the Constitution of the Russian Federation. During the study of the issue, in particular, controversial points were identified related to the distinction between kidnapping and hostage-taking, theft and abduction, the commission of acts for selfish motives and for hire. Author's proposals for improving legislation and law enforcement practice are substantiated and made. The conducted research gives grounds to conclude that the constitutions of various crimes provided for by the Criminal Code of the Russian Federation, encroaching on the freedom to determine the place of their stay, were originally constructed independently of each other (a certain exception is partly only kidnapping and illegal deprivation of liberty), which caused a significant number of questions about the differentiation of the corresponding crimes among themselves in law enforcement activities. In relation to the group of crimes under consideration, the recognition of the main criterion for distinguishing hostage-taking from related crimes is the presence of a requirement for other persons (not a hostage), the fulfillment of which is a condition for the release of the hostage.

The article is devoted for problems of legislative regulation and application of fine as the type of criminal punishment in the Republic of Kazakhstan.

Position of fine in the system of the punishments and measures for rising its efficiency; questions of the assignment this punishment according to property status of convicted persons; problems of replacing fine on limitation of freedom or deprivation of freedom in the event of the non-payment it by convicted person, including in the event of knowingly evasion of payment and impossibility payment on the strength of worsening of the property status of convicted person. Along with this, it is considered correlation of the norms criminal law and the penal execution law of the Republic of Kazakhstan regulating of the giving delay payment of the fine. The question about correlation of the fine with other types of punishments not related to imprisonment by criminal legislation of the Republic of Kazakhstan.

The article examines the causes of professional crime at the present stage, its trends and patterns of development, examines the roots and origins of the formation of criminal behavior. In general, professional crime is distinguished by a number of features related to the causes of professional crime, the personality of a professional criminal, as well as the specifics of preventing professional criminal activity. The purpose of the presented study is to consider the issues that arise in this area regarding the identification of the causes of professional crime, as well as its recurrence, where the fight against it is an important task of society and the state. The significance of this struggle is determined by the particularly negative influence of recidivists and professional criminals on the reproduction of primary crime and, thereby, on the aggravation of the criminal situation in the country. On the basis of the study, the authors come to the conclusion that an essential condition for the causes of professional crime is the fact that state and public organizations are weakly working to involve people released from places of deprivation of liberty in a morally healthy environment, to isolate them from the influence of antisocial elements. After serving their sentences, convicts are met, as a rule, with a negative attitude from society. Without purposeful work with people who have served their sentences, it is impossible to protect them from harmful contact with professional criminals who have remained at large.

As a result of a comprehensive scientific study, the concept of disclosure and investigation of violent crimes committed in the family was formed by creating an appropriate basic forensic methodology as a necessary component of modern law enforcement practice and the most important factor in optimizing the fight against violent manifestations in family relations. In the article, the author presents some results of an independent scientific study devoted to the conceptual foundations of the basic criminalistic methodology for investigating violent crimes committed in the family.

This article is a criminological analysis of in-prison criminality in the Republic of Mordovia.

On the basis of historical, comparative-legal formal-logical, historical, sociological methods and the method of criminal statistics, a study of the dynamics and coefficient of penitentiary crime in the Republic of Mordovia for the period from 1997 to June 2021, including taking into account the types of correctional institutions and regimes of execution of punishment in the form of deprivation of liberty, which allows us to trace the patterns of change in its quantitative and qualitative indicators, as well as identify trends.

The largest number of crimes is committed in the maximum-security and minimum-security penal colonies (48.82% and 30.64% respectively of the total number of all crimes in prisons), and in terms of gender the male convict criminality prevails.

The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union in the framework of interaction with the World Customs Organization.

A task. To analyze existing approaches and legal instruments of the international customs community, including the World Customs Organization (WCO), the European Union (EU) and the Eurasian Economic Union (Union) on the analysis the effectiveness of customs activities to improve customs regulation.

Conclusions. The research article is devoted to the issues of modernization of the Union's law in the field of customs regulation based on an analysis of the level of development of the customs of the EAEU member states.

The subject of the study is the WCO working group on performance management materials, the EU Customs blueprint, as well as the methodological approaches of the Eurasian Economic Commission on the analysis of the level of customs development.

The formed methodological approaches, as well as proposals, can be used to develop by the Eurasian Economic Commission (Commission) a methodology for analyzing the level of development of customs regulation in the Member States of the Union, as well as creating in the future the EEU Code of Customs Standards, as a legal instrument and measure in the formation of strategic planning documents that set the main vectors for further integration interaction in the Union.

Social Consequences. The study is associated with the implementation of the provisions of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 in Direction 3 «Improvement of customs regulation within the Union».

Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission, they can be used by specialists from the customs services of the EEU Member States, experts of the Commission to organize strategic planning and form the legal foundations for the modernization of the Union's law. Conclusions and proposals, as well as the developed survey forms, can be recommended for consideration at the WCO working group on performance management as a regional (Eurasian) experience.

The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence».

Originality/value. The research material is based on an analysis of the practical aspects of the activities of the Commission, the customs authorities of the Member States of the Union and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.

The purpose and objectives of writing the article is to study of gaps in the international legal regulation of groups of relations in the field of scientific and technological progress in the conditions of socio-political transformation.

Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation.

Results and conclusions. The article examines the relevance and degree of scientific elaboration of the problem of gaps and their filling in international law in the field of scientific and technological progress.

The originality and value of the work lies in determining the nature of the gap in international law in the field of scientific and technological progress, identifying the possibilities of fixing it and ways to fill it in modern international law.

The article presents the author's view of the textbook "Intellectual Property Law: Artistic Property", published in 2019 in LLC "INFRA-M Scientific Publishing Center. A brief analysis of the topics considered in the educational publication is given. It is concluded that the textbook performs motivational, informational and systematizing functions. In the process of reviewing, it was concluded that the textbook contains the necessary and high-quality didactic material, correctly selected tasks for self-control of students, as well as additional elements of the reference and accompanying apparatus.