Vol 6, No 2 (2022)

The study is devoted to the analysis of the role of law in the life of modern society and the state and its relationship with the law. In the context of society's search for ways of social evolution, the problem of the relationship between law and legislation is becoming more acute. In this regard, the theoretical issues of the origin of law, its sources, its connection with the state and its role in public relations are of particular importance and acquire great practical importance. Purpose: to form an idea of the true role of legal positivism and its connection with the natural law doctrine in the legal understanding. Methods: historical, historical-legal, concrete-historical, chronological, historical-comparative, historical-typological, hypothetical-deductive, theoretical methods of formal and dialectical logic. Results: the analysis of processes and phenomena related to one or another approach to the understanding of law has shown that the image of law, formed within the framework of concrete historical achievements of society in its material and spiritual development, is characterized by a certain value-cultural attitude to law, which, in turn, has a practical effect on people's lives, the well-being of society and the stability of the state. Conclusions: in a state that proclaims itself democratic and legal, the natural law doctrine of human rights should be the basis for the formation of legislation. The right of freedom, equality and justice, enclosed in the form of a legal norm, is a condition for the harmonious development of society and the stability of the state.

Introduction. The article shows that as the number of ethno-national conflicts increases in almost all parts of the world, secession processes are becoming more and more popular. At the same time, the legal and political mechanisms for preventing secession may differ radically depending on national characteristics. But even those mechanisms that have shown their effectiveness for a long period under certain (crisis) conditions stop working, forcing states to look for new tools to prevent secession of their regions. The purpose and objectives of the study. The purpose of the study is to study the experience of preventing secession of the national regions of the UK in the process of leaving the EU. It is argued that the strict instruments of limiting the autonomy of the regions were not only ineffective, but increased the risk of the collapse of the country. The task of analyzing changes in the regional policy of the United Kingdom in the Brexit process is set. Methodology. The methodological model of A. Liphart, the classical approach of A.V. Daisi to the definition of parliamentary sovereignty is used. General scientific methods of generalization and system analysis are also used. The results of the study. It is proved that tough tools to prevent secession in the crisis conditions of the UK’s withdrawal from the EU proved ineffective and, on the contrary, stimulated separatist sentiments in the national regions of the country. Conclusion. It is concluded that only the use of flexible forms of interaction and the formation of new partnership instruments allowed to avoid secession of regions. This required the development of new legal and political instruments of interaction and cooperation between the central government and local elites.

The development of legislation in the field of protection of children's rights is one of the priorities of the policy of the Russian Federation. Based on this, the issue of the creation and functioning of the system of juvenile courts in Russia is often discussed, but scientists and researchers have not come to a consensus on this issue. At the same time, the peculiarities of juvenile justice in the period of the Soviet Union are of interest, since many researchers believe that during the indicated period juvenile justice did not exist in our country. The purpose of this scientific article is to study the history of juvenile justice and all its manifestations during the existence of the Soviet Union, as well as to identify its characteristic features throughout the designated period. Dialectical and historical methods were used as the main research methods, which made it possible to follow this legal institution in its dynamics. In addition, analysis and synthesis were used as methods, as well as a comparative approach, which made it possible to identify the features of juvenile justice at different stages of the twentieth century. Based on the results of consideration of the chosen topic, it was found out that the beginnings of juvenile justice were laid at the beginning of the twentieth century before the October Revolution of 1917, which was expressed in the actual existence of juvenile courts. It was revealed that the period from the 1930s to the 1950s was characterized by an increased level of responsibility for crimes committed by minors. During this period, the status of minors as subjects of a crime practically did not differ from the status of adults. It is concluded that since the 1950s, responsibility for crimes committed by teenagers has been mitigated, guarantees appear in the Criminal Code that ensure the protection of the rights and freedoms of minors.

The article is devoted to the analysis of the problem of the influence of subjective reasons on the occurrence of cases of abuse of right. The study aims to substantiate the role of moral and legal aspect of the subjective causes of abuse of rights in the formation of the purpose of the rights that do not meet the purpose of law as a social regulator. The use of formal-logic method allowed us to consider in unity the moral and legal aspects of abuse of rights, the method of materialistic dialectics allowed us to substantiate the conclusions of the study. We have considered deformation of legal consciousness, low level of legal culture, legal egoism and legal egocentrism as subjective reasons of malicious exercise of law. The value of moral categories in forming of aims of law abuse is analysed. It was established that deformation of moral-legal values has a direct impact on the implementation of the rights granted to the subjects. The article substantiates the influence of transformation of attitude of individuals to the law and morality on the occurrence of cases of right abuse. We prove the impossibility to consider this legal phenomenon as a type of deformation of legal consciousness. The notion of legal egoism and legal egocentrism as the main subjective reasons of malicious exercise of law was formed. We have made a conclusion about the necessity of further research of the factors influencing changes of moral-legal sphere of legal subjects in order to create the effective mechanism of counteraction and prevention of abuse of law. The data obtained can be used in future studies dedicated to the study of the problem of abuse of law, identification of the causes and conditions of the malicious exercise of law, the formation of mechanism of counteraction and prevention of this negative legal phenomenon.

We examines the composition of the crime provided for in Article 244 of the Criminal Code of the Russian Federation, and also points out a number of controversial points on the correctness of the interpretation of certain elements of the composition of this crime and the problems of the qualification of this act in judicial practice. The purpose of the scientific work is to investigate the elements of the composition of the crime reflected in Article 244 of the Criminal Code of the Russian Federation “Abuse of the bodies of the deceased and their burial places” and the qualification of certain actions of the perpetrators, for example, when committing theft of objects that are with the deceased. In the course of the study, the generic, specific and direct object and subject of the act under Article 244 of the Criminal Code of the Russian Federation are considered in detail, the signs of the objective side of this crime, the problems of its qualification are analyzed. Based on judicial practice, it is possible to formulate a logical conclusion that the abuse of the body of the deceased can be expressed in various forms of dismemberment of the corpse, in mockery of the corpse of a person, committing sexual intercourse in relation to him (necrophilia). It is emphasized that there is also no uniform opinion regarding the criminal legal qualification of the theft of property from the body of the deceased. We express our point of view about the need to develop and implement a unified approach to understanding Article 244 of the Criminal Code of the Russian Federation and the correct qualification of acts falling under the set of signs provided for by this study. Proposals are formulated to supplement the norms of legislation in the field under consideration.

In the light of the planned course of development of the penal enforcement system (the adoption of a new development concept until 2030, which, in turn, implies the creation of a joint type of institution), the development of the institution of movement of convicts without escort or escort becomes an urgent issue. From the standpoint of identifying positive foreign experience, the study of the development of this institution in the countries of the Commonwealth of Independent States is of scientific interest, since the legal system of these countries (legal system, legal culture, legal realization) is closest to the legal system of our country. In the course of studying this institute, the author comes to the conclusion that, despite the commonality of the legal systems of the Russian Federation and the former republics of the Soviet Union, the norms governing the institution of movement without escort in these countries have received different levels of development. The main research tool was the comparative legal method. With the help of it, the general and special features of this institution were identified in the legislation of the countries studied. Based on the data obtained, the author suggests considering the possibility of making the following amendments to Article 96 of the Criminal Executive Code of the Russian Federation: remove the ban on the withdrawal of HIV-infected convicts to BP; establish other deadlines for withdrawal to BP in order to study the convict's personality in more detail; to establish that the right to travel without escort or escort outside the IU is granted to the convicted person by the decision of the head of the IU, agreed with the prosecutor overseeing the enforcement of legality in the IU; to establish a ban on the withdrawal of convicts who were previously deprived of the right to BP for any offense committed.

The purpose of the study is to consider the features of litigation affecting the division of jointly acquired property. Research objectives: to study the development of the institution of property rights of spouses, to consider the types of legal regimes of property of spouses, to identify the main features when considering family disputes over the division of jointly acquired property. I used general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). The problems of the emergence and consolidation of the institution of the legal regime of property relations of spouses in family law are considered. It is concluded that in Russia the legal regime of the legal property of spouses is mainly applied. This is due to historical continuity and the recent emergence of a market economy. Legal mechanisms for protecting spouses (former spouses) in the framework of disputes with creditors of the debtor spouse are noted. The main problematic points related to the determination of the composition of jointly acquired property have been studied. Attention is drawn to the fact that a spouse (ex-spouse) can apply to the court with a request to invalidate a transaction for the sale of jointly acquired property without his consent. The main evidence on disputes related to the division of property is indicated, with the determination of the particular importance of forensic examination. The question of alternative ways of resolving the conflict is touched upon. A method is proposed to reduce the risks of the parties when concluding a settlement agreement on the division of jointly acquired property.

Ensuring the uniformity of judicial practice is one of the most important tasks facing the judicial system. At the same time, the existence of a mechanism of prejudice in the procedural legislation raises the question of the ability of the courts to accept not only previously established facts, but also their legal qualification, which is directly related to the issue of the uniform application of legal norms by the courts. The purpose of the study is to identify the relationship between prejudice and the uniform application of legal norms by the courts in civil and arbitration proceedings. To achieve this goal, the task is to distinguish between cases where the court must accept the legal position of the previous court, from cases where the court is free in legal assessments of prejudicial facts. The task was also set to consider various manifestations of the uniform application of legal norms by the courts, as well as their relationship with prejudice. Dialectical, formal-legal and hermeneutical methods were used to achieve the goal and objectives of the study. As part of the study, criteria were formulated for identifying cases where the court must accept the legal position of the previous court. At the same time, the author made conclusions about the relationship and correlation between the legally established requirement for the uniformity of judicial practice and the property of prejudice of judicial acts.

The overview of the round table “Current problems of criminal law and procedure”, organized by the Department of Criminal Law and Process of the Institute of Law and National Security of Derzhavin Tambov State University, is presented. The round table held within the framework of the issues discussed outlined the current topical problems of criminal law and criminal procedure, judges, lawyers, as well as teachers and students of the Institute of Law and National Security of Derzhavin Tambov State University became participants of the conference. The review highlights the content of the round table, the problematic aspects that have become the most discussed in the discussion of the speakers' topics. During the speeches, reports were heard on such problematic issues as the state and prospects of legal regulation of conducting a preliminary investigation in a criminal case; ensuring the rights and freedoms of citizens by lawyers in criminal proceedings; criteria for determining the amount of compensation for moral damage in a civil claim in criminal proceedings; features and main problems of the administration of justice in criminal cases of private charges; problems of applying the preventive measure “detention”; problems of qualification of crimes against life and health and forms and methods of struggle of law enforcement agencies in the fight against cybercrime; criminological characteristics of the activities of private military companies; problems of implementing the goals of criminal punishment; genesis of criminal responsibility for extremism under the criminal legislation of Russia and many others.