Vol 9, No 1 (2022)

On the basis of the analysis of the law enforcement practice of foreign countries and the doctrinal views of foreign researchers, this article examines the question behind national authorities’ trust in the broad interpretation by the European Court of Human Rights of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The challenges in the digital progress force legislators to pay increasing attention to the implementation of the interests of his own country, contrary to the approaches demonstrated in other countries. Implementing the “road maps” of socially significant projects is impossible due to the rejected priorities of Russia’s domestic policy.

The Constitutional Court of the Russian Federation has the legitimate right to defend the internal logic of the protectionist measures of the national authorities protecting the economic foundations of society, the priorities of its social policy, and the security of the state.

In modern international legal scholarship, preliminary objections are considered procedural means for preventing the consideration of an international dispute in a judicial proceeding. This approach is adopted in works on the classification of preliminary objections. However, preliminary objections must be examined not only autonomously within a concrete litigated case, but as an integral part of the international legal policy of the concerned state. Under the concept of international legal policy, every state must participate in the development of international law following its own special strategy for advancing its international legal positions on different issues. Through coordination of wills on the elaboration of international law, every state aspires to construct its strategy, which would persuade the international community of validity and necessity of an advanced view on certain international issues with minimal concessions to other views.

International legal policy is pursued at every life cycle stage of an international legal norm from law making to interpretation, application, and dispute settlement. Preliminary objections can be considered elements of international legal policy on par with other actions and declared positions of the state in the international legal field. On the basis of the international legal policy perspective, this article explores the hypothesis about the interdependence between the raised objections and the outcome of the case.

This work reveals that the preliminary objections present the attitude of the state to the international dispute or to the proceedings in general, but they are not a determinative factor for forecasting the state’s conduct in the proceedings, and most importantly, its compliance with a binding judgment. The review of the practice of International Court of Justice demonstrates that the raise of preliminary objections does not always indicate the weakness of the state’s international legal arguments for maintaining its standpoint in the judicial process nor predetermines non-compliance with the judgment. Concurrently, the examination of preliminary objections as an integral part of international legal policy on a concrete issue broadens the understanding of the state’s position in the dispute.

This study aims to analyze and provide a historical and legal assessment of administrative, economic, and social transformations in Prussia in the first half of the 19^th century to study the circumstances and conditions of the formation of a new political, legal, and economic reality of the country. Moreover, the role of specific personalities who made a mark in history during this period is explored to obtain an idea of what administrative, legal, and economic patterns they reshaped in the management system. The author focuses not on the transformations but on the personalities whose hands have produced those transformations (an objective series of events) in Prussian Germany. Reformers-researchers (first, Stein, Gardenberg, V. Humboldt) realized their own private interest, but the totality of personal interests was already of public interest, and they themselves acted as its subjects. The success of the reformation was also determined by the prevailing atmosphere in the country, which was filled with great philosophers, historians, and writers with their ideas and deeds. The author concludes that science in Germany was more than science. She actively participated in the process of transformation in the country.

The author proves that the Prussian reformation, despite the different ideas of the participants about its goals, objectively contributed to the creation of the foundations of the bourgeois state on the basis of the monarchical form of government. As a legacy of the reformation stage, the Prussian statehood created in the second half of the 19^th century was passed into the hands of Otto von Bismarck. Thus, it was not Bismarck who paved the way for Hitler. The reformers handed him a state building — almost built according to their schemes — which even the “iron” chancellor could not rebuild. In addition, we must consider that the modernization of Prussia developed in opposition to the counter-reformation, its legal expression was the so-called Carlsbad resolutions, which decelerated the dynamics of reforms.

Legal regulation of organizations and holding of mass events remain a current problem, which is fragmentary, as confirmed by the analysis of the legislation in this area, including the adopted legal acts of the subjects of the Russian Federation. Mass events are differentiated into public and other mass events that are not included in the scope of legal regulation of public events. Unlike public events (pickets, rallies, processions, demonstrations, and assemblies), mass events are not regulated by federal law. There exists no definition of “mass event” as well as criteria characterizing this legal category. First, this study identifies the characteristic features that enable the distinction of the content of such legal categories as “public event” and “mass event”. Second, this study defines “mass event” as cultural, educational, theatrical, entertainment, sports, and advertising events held in public spaces not specifically designed for events and with the assistance of public authorities. Third, criteria are highlighted to determine the definition of “mass event.” Fourth, the need for a separate federal law on mass events is justified.

On the basis of the study materials of criminal cases concerning the unknown disappearance of minors, the types of crimes committed under these circumstances are systematized, information about persons committing such crimes is provided, and the mechanism of committing crimes against minors and the motives for which they are usually committed are outlined.

The article analyzes the advisability of limiting the principle of publicity in the consideration of civil cases regarding child adoption. The substantial reasons for this are as follows. First, the need to protect the interests of the adoptive parents who make the difficult decision to accept a child into the family in the hope that the child will consider them as his parents through which they can build a communication with him and his upbringing. Second, the need to protect the interests of children whose full upbringing and development are possible if they are convinced that they are growing up in their home family. Third, the need to protect the interests of biological parents who may not wish to publicize that they were forced to transfer their children for adoption and many other reasons. Meanwhile, the interest of society to access information about this category is also noted by scientists specializing in various fields of knowledge, lawyers, sociologists teachers, psychologists, and potential adoptive parents who wish to further understand what child adoption entails in their future and the experience of recognized members of society regarding child adoption. Thus, a procedural rule guaranteeing the secrecy of child adoption is formulated as follows: “the court is obliged to hold a closed court hearing if there is an application for this by the adoptive parents”.

Articles on the modern problems of financial law are analyzed in the context of changes and additions brought by the Constitution of the Russian Federation.

In the system of public legal entities, as subjects of the financial law the new subject, the public legal entity of the federal territory «Sirius» appeared. The most complicated system of subjects of the financial law is the collective subjects. Their classification always caused difficulties. In modern conditions, in connection with the adoption of the Federal Law “About the General Principles of the Organization of the Public Power in the Subjects of the Russian Federation”, new classification collective subjects of the financial law can be suggested. They can be divided into bodies of the public power allocated with competence in the field of public finance and other organizations having legal personality in the same sphere.

Special attention is paid to analyzing the legal personality of the Federal TS. FTS, as a public power body, has special financial legal personality and special competence in public finance. Thus, she acts as the representative body authorized by the state in her own name. Concurrently, court practice gives examples of those situations when the FNS of Russia acts on behalf of the state in the civil relations generated by tax and legal situations.

This article describes the main provisions of the rapid law concept — the idea of introducing blank norms into legislation, the content of which is possible by accessing special databases designed to consider the threats posed by the free circulation of cryptocurrency assets to the greatest extent.

These conclusions are based on the analysis of the dangers of using cryptocurrencies by broad segments of the population, the lack of effective mechanisms for controlling their turnover, including the acquisition and exchange for other financial assets.

The concept of fast law can also be used in other areas, such as in the regulation of industrial or transport securities.