Vol 10, No 2 (2023)

The article analyzes the current state of financial and legal science. It is emphasized that it performs descriptive and prognostic functions, and therefore, today, in the context of a rapidly changing legal reality, it accumulates material for the creation of a legal methodology. It is noted that attempts to change the concept of financial law as a branch of law, including not only public, but also private finance, are becoming more frequent. The reasons for the inconsistency of such a position are indicated. It is emphasized that the modern science of financial law "gives birth" to new institutional structures that require in-depth research. The main reason for this is the change in the subject of financial law, which today is defined through the category of "public finance". Special attention is paid to the enumeration of those financial and legal institutions that are generated by the expansion of the subject of financial law to the level of public finance, as well as other financial and legal institutions, in which have arisen today within the framework of budget and tax law. These include: the Institute of finance of state corporations and companies, the Institute of non-state monetary funds burdened with a public function, the Institute of deoffshorization, the Institute of treasury support, the Institute of treasury payments, etc.

The paper is devoted to the study of state regulation in the sphere of cryptocurrencies in the Russian Federation (RF). In the course of the study a scenario-cognitive model of the subject area is developed, as well as scenarios of possible options for the implementation of the management of socio-economic systems are obtained. The purpose of modeling is to assess the impact of cryptocurrency on social stability. A number of modifications of the model took into account the proposals of the regulatory authorities of the Russian Federation and the possible directions of legal regulation.

The objectives of the article are to identify trends in the development of the legislative process in the Russian Federation and formulate proposals to improve its effectiveness. In order to achieve them, the legal regulation and statistics of the legislative process in the Russian Federation are analyzed, doctrinal concepts and forecasts of the development of the legislative process are studied, including in the conditions of digitalization and other global challenges.

The research is based on the use of systemic, structural-functional, formal-legal, comparative-legal methods, methods of legal modeling and legal forecasting in their entirety.

It is established that the development of the modern legislative process is carried out in the following directions: regulation by a large number of normative legal acts of different legal force, including legislative acts, as well as by-laws; high activity of some subjects of the right of legislative initiative along with low activity of others; systematic clearing of the legislative base, which is simultaneously complemented by the practice of introducing bills with a similar subject of regulation in place of rejected ones; the necessity and consistency of the model of direct participation of the President; increasing the role of the Government of the Russian Federation in the legislative process and the growth of its legislative work; increasing the number of initiators of federal bills or creating additional legal conditions and guarantees for the implementation of their legislative ideas and proposals while maintaining the current subject composition of the right of legislative initiative; preserving the practice of short-term planning of legislative work along with the increasing need to ensure a comprehensive and promising their planning; strengthening the interaction of the branches of government in the legislative process, including through the work of the Commission of the Government of the Russian Federation on legislative activities; scientific support of the legislative process and the increasing importance of its principles such as professionalism, scientism; information support of the legislative process; the impact on the legislative process of the level of development of legal technique, modern information technologies and procedures. Promising tasks for legal science that need to be solved to ensure the effectiveness of the legislative process are identified.

The article was prepared within the framework of analysis of the results of the events dedicated to the 100th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The article gives an overview of the possibilities of using digital technologies to counteract corruption. It is noted that a prerequisite for the successful realization of the benefits of digitalization of public practice is the availability of technological infrastructure, as well as improvement of the legal response associated with the implementation of technological policy. Anti-corruption practices related to Big Data processing (Big Data), distributed registers technology (blockchain), data mining technology (neural networks, artificial intelligence), crowdsourcing technology, and information technology that identifies corruption risks in the financial sector (Forensic Tools) are discussed in more detail. However, the realization of the potential of digitalization in this area implies the need to improve the legal response concerning the implementation of technological policies aimed at suppressing corruptive factors. In this regard, the role of individual judicial regulation as one of the ways to overcome legal gaps and conflicts increases.

The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.

This article touches upon the issues of assessing the reliability of evidence in the verdict in the case of contradictions in the facts examined in the court. The procedure for eliminating contradictions in evidence, as noted in the work, is directly related to the substantiation of the court’s conclusions in the verdict. The author addresses the problem of comparability of evidence in a criminal case and points out that in criminal proceedings there are situations of inconsistency of information in which individual contradictions in the evidence examined do not entail their mutual exclusion. It is noted that the work with contradictions in the evidence shows the true ability of the law enforcer to analytical thinking. Based on the analysis of judicial practice, a number of logical and legal methods for substantiating conclusions can be distinguished, which courts resort to when assessing the reliability of evidence and eliminating contradictions between them.

The article deals with the implementation of the principles and norms of international law. There are systematic violations and discreditations of the very essence of international law. Analyzing specific decisions and rulings of the European Court of Human Rights and political decisions of European states and the United States, we observe the possibility of developing and calculating the probabilities of compliance with the norms and principles of international law or their violation. We emphasize the foresight of Russia's policy of withdrawing from the European Convention for the Protection of Human Rights and Fundamental Freedoms.

We analyze the term «legal entropy» and its correlation with the entropy associated with the transfer of information in information theory. In this paper, we will consider the limited randomness on the issues of interest, determine the spaces of possible options for implementing the norms and principles of international law for specific countries, events, decisions of international judicial bodies on the example of the ECHR. Here are hypothetical figures for calculating entropy for the occurrence of each of the expected developments of the event in order to see the most probable picture of what happened or the future.

For the effective development of international law, it is necessary to introduce such a term as «legal entropy», given that there is a stable correlation between jurisprudence and politics. This will allow for a more objective consideration of international law as a whole.