Vol 7, No 4 (2023)

The issues of interaction, coordination and balancing of interests are considered. Despite many studies, this issue remains relevant and has a direct connection with the ideas of justice. The purpose of work is to consider the ratio of private and public interests as a result of the application of proportionality. The methodological basis of the study is: general and specific scientific methods, namely logical; techniques such as analysis, abstraction are used, and a system-functional approach is applied. Speaking about balance, the emphasis is on the fact that a static balance of interests clearly cannot be the optimal form of their ratio, since in certain changing circumstances it is objectively necessary to change it, shifting the emphasis, establishing the priority of one interest over another. The law cannot cover all relations with its regulation, therefore instrumental principles will contribute to the settlement, in particular the principle of proportionality, which will consider (resolve) the confrontation between private and public interests. It is noted that although the principle of proportionality, as a rule, is not directly named in normative acts, but is translated in legal interpretative acts devoted to human rights, its application is determined by the presence in them of general or special provisions that allow for the limitation of rights subject to a number of certain conditions. Proportionality is considered as: adequacy, the principle of proportional limitation of rights and freedoms; type of judicial control; concept; methodology – all this once again speaks of the multidimensionality of the scope of application, and at the level of state (national) doctrine – of the peculiarities of legal understanding and legal culture. There are several methods for determining proportionality, which vary depending on the scope of application, types of legal understanding and the specific doctrine dominant in a particular community. It is concluded that balance or proportionality (equilibrium) in the meaning of fair provision and implementation of private and public interests is associated with the issue of the specifics of the stage-by-stage application of the instrumental principle of proportionality, and any restriction of the rights of subjects at the legislative-creative level must be subject to the algorithm of proportionality , while any priority between interests will be proportional to the extent that it is recognized in a particular society, as well as how fair and democratic the discourse was. As a result, the balance of interests will be recognized as that ratio in which the priority of one of them is not excessive and does not introduce suboptimal conflict in any area of relations, there is no negative dynamics in the socio-legal, political and legal environment.

The internal structure of secondary law is considered as a universal theoretical and legal construct, used not only in private law areas, but also in public law. At the same time, the prevailing civilistic approach to the study of secondary rights in science is stated, which does not provide a fully objective picture of the essence of this legal structure. Based on the patterns of subjective law structure, based on theory of law works, we analyzed the content of the powers included in the secondary law, through which the interest inherent in the secondary law is realized. According to observations, only two powers can form the construction of a secondary law –the power to one’s own behavior and the power to someone else’s behavior (the authority to demand). At the same time, for secondary law development, in some cases, only one power is sufficient – the power to one’s own behavior, in others, it is possible for the initially two named powers to coexist within the framework of one construction of secondary law, or the power to someone else’s behavior can have an auxiliary property for the purposes of exercising the right to one’s own behavior. In addition, theoretical calculations are given regarding the dependence of the set of powers in the structure of secondary law on the type of legal relationship (regulatory, protective, industrial) and the properties of stability and dynamism of the structure of secondary law in the conditions of modern legal reality are studied. Based on the results of the study, conclusions are formulated.

An analysis of modern scientific views on the concept of “economic security” is carried out. Scientific approaches in economic and legal research to the formulation of “economic security” concept and its essence are analyzed. The features of the legislative consolidation of this concept in different periods of development of the state and society are also analyzed. The study covers the period of time from the formation of the Concept of Economic Security in the Russian Federation to the present day. The main regulatory acts for the specified period in the field of ensuring the economic and national security of the state are characterized, changes in the legislator’s approaches to the essence and content of these concepts are identified. The problems of normative consolidation of the concept of “economic security” are identified, and ways to solve them are proposed. The author’s formulation of the concept of “economic security” is proposed, as well as the formulation of a semantic series of related concepts: “economic security system”; “economic security level”; “economic security assessment”; “ensuring economic security.” The necessity of approval by the Government of the Russian Federation of a document (“National Economic Standard” or “Indicators of the Sustainability of the National Economy”), which will list significant economic indicators and their threshold values characterizing the economic security of the state, is substantiated. This document will serve as a guideline for assessing activities to ensure economic security and the basis for determining the level of economic security. The thesis about the need for objectivity and information content of the legal concept of “economic security” is substantiated. Such a concept should be used uniformly in regulations, and therefore in scientific constructions.

Since the adoption of the new Criminal Code of the Russian Federation in 1996, there has been an ongoing debate in the legal science about its structure, sections, chapters and individual articles. The Russian scientific school has made a serious contribution to the development of legal technology in criminal law. Many comments that resulted from the analysis of legal norms were taken into account by the legislator, but the ongoing modification of the criminal law of our country does not cause optimism among scientists. The transformation of the Criminal Code of the Russian Federation is the result of criminal law policy, which today, unfortunately, is not without flaws. The defects of the legislative technology of the Criminal Code of the Russian Federation are of a complex nature, originate in the conceptual approaches of the legislator (or in their internal inconsistency) and are manifested in detail in individual articles of the Criminal Code. We do not set a goal either to identify the nature of defects or to classify them, which in itself requires a more extensive study. However, some essentially typical technical and legal problems of criminal law are given. Attention is drawn to the inconsistency of sanctions, unclear mechanisms for their imposing, incorrect construction of dispositions, artificial creation of difficulties for law enforcement officer and judges, problems of understanding evaluative signs, and illogical use of function words (conjunctions). The article concludes that it is necessary to improve the legislative technology.

Parliamentary control and parliamentary investigation as its component (type) in counteracting corruption and abuse of power are considered. The legal and social nature of the domestic institute of parliamentary investigation is noted, its determination in the Russian law is substantiated. The normative legal basis of the parliamentary investigation, peculiarities of legal regulation of the procedure of its practical implementation are revealed. The subjects of realization of parliamentary investigation are given and the objects to which it is directed are described. It is noted that the institute of parliamentary investigation does not replace other forms of state control or oversight, as well as activities in the administration of justice. It is stated that the grounds for conducting a parliamentary investigation may also be circumstances related to the emergence and negative consequences of natural and man-made emergencies, as well as facts that clearly indicate corruption of officials. The law enforcement experience in the field of parliamentary investigation in Russia and foreign countries are analyzed. It is revealed that in Russia there is no formed effective practice of realization of this procedure, since the adopted federal law under discussion has never been applied for the entire period of its existence. This testifies to the need for qualitative development of the existing regulatory framework, in particular, simplification of the procedure for initiating a parliamentary investigation.

The statement of the problem in the sphere of juvenile delinquency is conditioned by the events that have taken place over the last three years. The epidemiological situation in the country and in the world, the special military operation in Ukraine and the changes in the socio-economic sphere that followed in connection with it not only in the Tambov region but also in Russia influenced crime statistics as well as the measures of their prevention. The purpose is to research the trend of crimes committed by minors, their number and category, as well as to create a model for their prevention. The methodological basis is formed by such modern general scientific methods and techniques of cognition as system method, method of analysis, statistical, formal-legal and comparative-legal methods, etc. The research is based on the main normative-legal methods. The main normative legal acts regulating the activities of law enforcement agencies, as well as crime prevention measures are considered. The analysis of crime statistics for the last three years (2020–2022) is carried out, the increase in the commission of crimes of medium gravity, as well as the interest of minors in engaging in extremist activities is highlighted. It is established that the complexity of measures, the exclusion of formalism in the carried out work, as well as an individual approach contribute to a fruitful prevention of crimes among juvenile, reduce involvement in extremist activities.

The topic of complicity in a crime is considered, the relevance of which is beyond doubt and is confirmed by the statistical data provided, as well as the given coverage of controversial issues related to the stated topic. The object of the study is social relations related to the identification and establishment of responsibility for the intentional joint participation of two or more persons in the commission of a criminal act. The subject of the study was doctrinal approaches to complicity and its forms, the norms of domestic criminal legislation regulating liability for the intentional joint participation of two or more persons in the commission of a crime, as well as the practice of law enforcement of these norms. The purpose of the study involves a comprehensive study of the institution of complicity in a crime in Russian criminal law. The types (perpetrator, organizer, instigator and accomplice) and forms (group of persons without prior agreement, group of persons with prior agreement, organized group, criminal community) of complicity are analyzed. In conclusion, it is noted that the legal nature of complicity is based on the recognition in the doctrine of criminal law of two groups of characteristics – objective and subjective, which are important for determining the quantitative composition of criminals, their intent to commit a crime, and the connection between them.

The legislator’s decision on the issue of criminalization and decriminalization of acts is inextricably linked with the development of an attitude towards a particular act as positive, neutral or socially dangerous. We focus on the fact that ultimately the social purpose of criminal law norms is the assessment and direction of individual behavior in a socially useful way. The question of what kind of behavior in criminal law can be considered positive is considered. The content of this concept is characterized taking into account its historical variability. It is concluded that positive behavior in the doctrine of criminal law can’t be limited within the scope of post-criminal behavior. Turning to the philosophical understanding of values and the developments of conflictology made it possible to substantiate the distinctive feature of positive behavior is social utility. The conducted research made it possible to conclude that exemption from criminal liability due to the execution of an order or instruction has a different social and legal justification compared to other grounds that exclude the criminality of an act.

The relevance of this topic is due to the fact that the development of technology, the prevalence of computer technology and the Internet among the population have led to the emergence of a global problem for society – cybercrime. The purpose of this study is to analyze crimes committed in the information and digital space in the Russian Federation and determine preventive measures for various areas of this type of crime. Today, we are not yet talking about the timely universal prevention of cybercrime by law enforcement agencies; we consider it necessary to develop legislative regulation of this area of activity and to ensure the necessary retraining of law enforcement agencies to increase knowledge in the field of prevention, prevention and detection of cybercrimes. The methodology consists of dialectical, structural, formal legal and comparative legal methods, analysis and synthesis. The history and causes of crimes in the cyberspace are analyzed, the features of cyber attacks and cybercrimes in various fields are studied, and preventive measures for the corresponding crime are proposed. It is noted that the legal mechanisms of responsibility for some types of crimes are absent in the legislation due to the constantly changing methods of committing crimes, which also make it difficult for law enforcement agencies to solve them. Their solution is seen in the comprehensive application of preventive measures, timely changes in legislation and regular retraining of law enforcement agencies.

The issues of jurisdiction of civil legal disputes of business entities to arbitration proceedings are analyzed. The institution of commercial arbitration is understood as non-state economic justice. Particular attention is paid to the issues of jurisdiction of arbitration institutions to resolve certain types of disputes. Lithuanian Republic’s legislation and the activities of Lithuanian arbitration institutions are studied. It is argued that this state has formed a fairly developed market economy with a certain trade turnover. Accordingly, commercial arbitration is in demand as a non-state method of resolving economic disputes, both national and international, between business entities. Attention is drawn to the genesis of the legal system of Lithuanian Republic, which was influenced by both the legal system of the former USSR and the modern Russian Federation, as well as the legal systems of Western and Eastern European countries. The industry of commercial arbitration of Lithuanian Republic and the legal regulation of issues of jurisdiction of disputes and the competence of arbitration institutions are examined in detail. Conclusions are formulated on the legislative regulation of issues of jurisdiction of disputes in arbitration proceedings.

The current issues associated with the lack of a unified register of dishonest bidders for the privatization of state and municipal property as a sanction for the dishonest behavior of bidders are considered. Trading in this area is carried out on certain electronic platforms and in accordance with the procedure established by the legislator. Failure to comply with the auction rules leads to delays in the privatization procedure of state and municipal property, which causes certain losses to the auction organizers. The object of the study is social relations that develop as a result of dishonest behavior of bidders for the privatization of state and municipal property. The purpose of the study is to conduct a comprehensive analysis of the dishonest behavior of bidders for the privatization of state and municipal property and determine the formation of a register in the form of a sanction for such behavior. Certain tasks are solved: the features of dishonest behavior of bidders for the privatization of state and municipal property are identified and the effectiveness of the formation of a unified register of dishonest bidders for the privatization of state and municipal property as sanctions for dishonest behavior are determined. A set of general scientific and private scientific methods of cognition is applied, namely: analysis, synthesis, induction, deduction, logical, analogy, etc. The feasibility of forming a register of unscrupulous bidders for the privatization of state and municipal property is proven, the need to use this register as a sanction for such behavior during bidding in the area under consideration, and also the possibility of drawing an analogy with the register of unscrupulous participants in a land auction is justified.