Vol 8, No 3 (2024)

It is important to study the forms and procedures for implementing individual rights both in direct form and through law enforcement, taking into account modern needs and technologies that are changing the methods and means of their implementation. Analysis of the features of the implementation of individual rights in the digital space is of not only theoretical, but also practical interest, since the issue of the implementation of human rights is central to the general theory of law and industrial sciences. The study used scientific publications, regulatory legal acts, doctrinal documents of the President of the Russian Federation, as well as materials from Internet portals of public authorities. General philosophical theoretical methods of cognition and the formal legal method are used. The rights and freedoms implementation forms of the individual using digital technologies are based on the general mechanism of implementation of legal norms and include direct and law enforcement forms. The direct form is characteristic of private law relations. In the direct implementation forms of individual rights using digital technologies, digital literacy of the individual and the culture of behavior in the digital space become a necessary condition. The law enforcement form, taking into account the introduction of information technologies into the work of government bodies, has been significantly transformed and is most clearly manifested through the activities of providing public services to the population, in particular the Federal State Information System “Unified Portal of State and Municipal Services (Functions)”, State Automated System “Justice”, State Automated System “Elections”. These digital platforms make it possible to simplify the process of implementing public rights for citizens. A new approach to the problem of implementing the individual rights and freedoms is to determine the specifics of the main forms of implementation and the conditions under which they occur in the digital space. The author’s vision is presented regarding the possible development of legislation regulating the use of digital means. It is stated that the opinion regarding the need to limit the digital space as a platform for the implementation of human rights is archaic and this is primarily due to the desire of the individual to independently determine the framework for the implementation of his rights.

The main issues related to the organization and procedure of elections of people’s judges in the period from the late 1940s to the early 1950s are considered. The analysis of normative legal acts adopted by the bodies of Soviet power, the provisions of which are devoted to the requirements for candidates for the positions of people’s judges, the principles and procedure for holding elections of people’s judges in the late 1940s – early 1950s, is carried out, and a conclusion is made about the degree of influence of a political party on the mechanism of formation of the judicial corps. This influence took place in several forms: from the organization of the election procedure, the conduct of election campaigns to direct participation in the selection and approval of candidates for the positions of people's judges. The study of archival documents allowed us to form a real idea of the procedure for selecting judges of the time period under study. Many of the documents stored in the archives of the Kursk region are being introduced into scientific circulation for the first time. We believe that the Kursk region in this case represented a typical example of the procedure for the formation of the judicial corps in the RSFSR. A systematic analysis of normative acts, archival documents and legal literature allowed us to conclude that, despite the complete regulatory regulation of the procedure for organizing and holding elections of people's judges, the mechanism for forming the judicial corps was imperfect and needed to be reformed.

Issues related to the origins (forms) of law are discussed. It is noted that law, as a legal and social phenomenon, is a complex, multidimensional phenomenon reflecting the level of society and the state development at a certain historical stage. In modern times, the role of law as social relations’ universal regulator, an instrument for maintaining order, and individual rights guarantor is increasing. The legal regulation effectiveness depends largely on how accurately legislation reflects the society development needs. The concept of law understanding sources (forms) can be approached from three perspectives: material, ideological, and legal. It can be concluded that the distinction between the material, ideational, and legal law sources lies in the fact that the former two categories give rise to the need for legal regulation, creating its prerequisites and determining the general direction, while legal sources themselves constitute the formal expression of legal norms, imbuing them with a generally binding quality. Nonetheless, all these categories of sources exist in a dialectical unity and interrelation, forming an integrated system of elements that contribute to the formation of law.

Throughout human history, the problem of providing the population with affordable housing has been and remains one of the most pressing. Different countries around the world have used different approaches to solving it, depending on socio-economic conditions and level of development. In the context of globalization and the transition to a post-industrial economy, traditional methods of solving the housing problem have ceased to be effective. In many countries, the problem of housing affordability for young families, migrants and other socially vulnerable groups has become more acute. In Russia, the problem of affordable housing has become especially acute in the post-Soviet period. As a result of the transition to a market economy, real estate prices rose sharply, and the solvency of the population decreased. As a result, an analysis is carried out between the housing policy of Russia and foreign countries, and it is concluded that at the present stage there are gaps in the housing legislation of the Russian Federation. The purpose of the study is to identify current problems of the housing stock in Russia and in foreign countries, and also to propose solutions to the problems that have arisen, taking into account the role of the state in the housing policy of their country. Based on the purpose of the study, we formulate the following tasks: analyze the role of states in providing affordable housing to private individuals; explore the right to housing enshrined in international legal instruments; analyze the level of housing affordability in Russia and abroad; identify ways to solve housing problems.

The development of digital technologies has predetermined a new vector in the formation of intellectual property of educational organizations, which entailed the need to establish a balance, which, on the one hand, should ensure the effective achievement of the goals set by the legislator in terms of the effectiveness of educational services provision and, on the other hand, ensure the economic stability of their existence. The novelty of the problem is directly expressed in the frameworkof the digital space formation, which determines the processes of gradually occurring commercialization of education and the growing need to protect the intellectual activity results. The purpose of the study is to identify and establish the characteristic features of intellectual property in educational organizations in the context of digitalization, as well as to determine the foundations of legislative regulation of the public relations in question and the enforcement of relevant norms. The methodological basis of the study is formed by general scientific methods (analysis, synthesis, deduction, induction, comparison) in combination with special methods of a legal nature (formal legal and comparative legal methods, method of law interpretation). The results of the work consist in the established aspects that determine the progressive introduction and development of technological capabilities in educational activities, including increasing the level of openness of educational materials through their placement in accessible online and educational resources, as well as the need to improve legislative norms in terms of commercialization and protection of intellectual rights.

The jurisdiction issues over arbitration of disputes between business entities and other economic legal relations are analyzed. The regulation of determining the competence of specific permanent arbitration institutions for the specific disputes settlement has been studied. The publication continues the research cycle on the legal regulation of the disputes arbitrability in various States and legal systems. The current legislation and arbitration practice of the former USSR states located in Central Asia are considered. The study begins with the Republic of Kazakhstan and the Kyrgyz Republic. The legal system of these countries was formed under the influence of Soviet and Russian law, as well as the legal traditions of the People’s Republic of China and the European Union. The neighboring countries located in Central Asia are characterized by a generally formed market economy, but with different levels of its development. The commercial arbitration institute, as a means of non-governmental settlement of economic disputes, successfully operates in these states, since it is in demand within the framework of modern economics and entrepreneurial activity.

Currently, three main points of view have been formulated in scientific circles on the possibility of using non-traditional methods of obtaining forensic information: in the criminal proceedings framework, the use of non-traditional methods to obtain information is unacceptable; the use of non-traditional methods to obtain information in the criminal proceedings field is permissible; the use of non-traditional methods to obtain information in the field of criminal proceedings is permissible only in extreme cases for the most high-profile criminal cases, when it is not possible to obtain information in any other way. However, it is important to note that many of these study fields are officially considered pseudoscientific. Despite this, the public interest in extraterrestrial forces, their potential influence on human consciousness and overall life is continuously fuelled by media publications, television programs, and other sources. At the same time, there are still widespread beliefs among people regarding the possibility of individual possession of supernatural abilities, such as hypnosis and palm reading, among others. In light of the above, issues related to the use of non-traditional techniques for obtaining criminal intelligence (for example, through hypnosis) in investigative work are being explored. Like any other activity, the use of non-traditional methods for obtaining information and their significance in the disclosure and investigation of criminal offences is not free from specific characteristics and challenges. 1) There are issues that arise during the selecting stage an investigator’s technique for obtaining information. One such issue is the concern of the investigating officer regarding the unconventional methods’ use of information acquisition. In this regard, we are not referring to methods that may harm human health or life, or pose a threat thereof (the inappropriateness of their use is undisputed). 2) There are challenges related to the lack of regulatory guidance on the process of utilizing unconventional information gathering techniques (with the exception of the polygraph). 3) There are problems arising at the stage of assessing the validity of information obtained through unconventional methods, and the possibility of establishing its investigative significance. 4) There is a perception among the general public that persists despite scientific refutation, regarding the existence of supernatural forces. These circumstances determine the significance of the research topic. The issues of both theoretical and practical significance are identified, solutions to address these issues are proposed, and recommendations to enhance the effectiveness of investigative activities through the use of non-traditional techniques are developed. Research methods: observation, description, comparison, analysis and synthesis, deduction and induction, generalization, analogy, etc. The empirical basis of the study is the materials of investigative and judicial practice. The purpose of the study is to analyze the problems that arise when using non-traditional methods of obtaining information, along with their subsequent evaluation and the feasibility of utilizing them as evidence in criminal cases.

New provisions that were enshrined in the pension legislation of Russia in 2024 or entered into force during the specified period are examined. In particular, it concerns the indexation of insurance pensions for working pensioners: it examines the history of the emergence of the principle of pension indexation in Russian law; the reasons and procedure for canceling indexation, as well as the legal basis for its resumption. Issues related to changes in the legislative regulation of pension savings: a new procedure for the payment of pension savings; opportunities created in 2024 for citizens to transfer these funds into long-term savings are covered. In addition, the legal positions of the Supreme Court of the Russian Federation on pension cases, formulated by it in the review of practice adopted in the summer of 2024 are analyzed. Special attention is paid to the legal positions related to the confirmation of special work experience required for the early assignment of an old-age insurance pension. The legal positions of the Supreme Court are studied regarding the methods of proving special work experience, the procedure for including such periods as internship and residency by medical workers, etc. Conclusions are formulated on the significance of the provisions under study for the protection of the pension rights of citizens in Russia.