Vol 6, No 3 (2022)

According to the National Security Concept, approved by Decree of the President of the Republic of Belarus dated November 9, 2010 no. 575, strengthening the institution of the family as a social institution that is most favorable for meeting the need for children and their upbringing is the main national interest in the demographic sphere. In connection with the above, the subject of this study is the legislation of the Republic of Belarus, which defines the boundaries of understanding the term “family” as a legally significant category. The purpose of the study is to identify contradictions in the legislation in terms of understanding the term “family” and its individual components. In the course of the study, general scientific methods (functional and system-structural methods), as well as special research methods in law (formal legal method and the method of legal hermeneutics) were used. Thus, in particular, the following was established. The objects of family policy are the family itself, as well as state and public institutions that directly affect its functioning and development. The key parties in the implementation of state family policy measures are the family institution as a social institution, other social institutions (economic, political, cultural, and others), as well as state institutions (parliament, government, presidency, judicial system). The area of possible application of the results of the work can be rule-making activities. Theoretical conclusions are formulated, as well as proposals are made aimed at improving the legislation of the Republic of Belarus.

The problem is posed by the fact that under the current conditions, public expertise does not reveal the potential of its social significance, it is required to resolve issues of initiative, expanding the objects of public expertise, proper acceptance and accounting for the results of expertise, responsibility for ignoring them, as well as the ratio of types of public expertise based on their level regulation. The purpose of work is to identify and analyze the essence of public expertise as a form of public control. The subject of the study includes the regulatory framework for organizing and conducting public expertise as a form of public control, doctrinal approaches to the essence and content of public expertise, as well as the practice of conducting it. The methodological basis of the presented work is modern general scientific methods and techniques of cognition. We use dialectical, structural-functional, formal-legal, comparative-legal, system-structural and other methods. We establish that the legislative definition of public expertise provides in its content for the evaluation of not only normative legal acts and their drafts, but also other documents, as well as actions (inaction) of public authorities, however, in practice, normative legal acts and their drafts have become the main object of public expertise, which actually limits its essence and purpose.

The system of sources of law is a dynamic developing phenomenon. At the same time, it not only tends to improve its regulatory capabilities, based on social needs, but also has the properties of universality and continuity. This prompts scientists to turn again and again to the problem of the sources of law, while paying attention to both the features of the origin of law and the forms of its expression. The subject of this research is the acts created by party structures in the Soviet period of Russian history, their significance in the legal system of the country and the possibility of referring to one of the types of sources of law known to legal science. The purpose of the research is to consider the influence of party acts on the system of sources of Soviet law, both in the ideal and in the formal legal sense. Objectives: to study the historiography of the issue, to study the features of the Russian legal system in the Soviet period, to determine the place and role of party acts in the system of sources of Russian law. The research methodology is based on the use of both general scientific methods – analysis, deduction, systemic, and private law – formal legal and comparative legal methods. The results of the study are expressed in determining the role and significance of party acts in the system of sources of law of the Soviet period, and in assessing their regulatory capabilities. The scope of the results is educational, scientific, legislative spheres. The significance of party acts for the formation of Russian law in the content and formal legal aspects is revealed. Their doctrinal nature is substantiated.

We analyze the constitutional and legal processes in the Crimean (SSR) ASSR during the period of Soviet state building. The adoption of the first constitution of the republic in 1921 was initiated by the central authorities of the RSFSR and found the support of local authorities, as this was in the interests of the region. The constitution secured the state status within the RSFSR. With the adoption of the first Constitution of the USSR in 1924 in the Crimean SSR, additions are made to the Constitution of 1921, on the basis of which local authorities seek to build relations with the RSFSR and the USSR on a contractual basis. The Constitution of the RSFSR of 1925 assigned the official name of the Crimean ASSR to the autonomy. In turn, the All-Russian Central Executive Committee of the RSFSR, endowed with the right to cancel the acts of the congresses of the Soviets of the autonomous republics, did not approve the 1924 Constitution of the Crimean SSR with amendments. The new version of the Constitution of the Crimean Autonomous Soviet Socialist Republic of 1929, which reflected changes in the state-legal construction in the autonomy, was also not approved by the All-Russian Central Executive Committee of the RSFSR. The adopted Constitution of the Crimean ASSR in 1937 became an important stage in the constitutional and legal development of the autonomy. It reflected the changes in the socio-economic, socio-political life of the republic and was approved by the All-Russian Central Executive Committee of the RSFSR. We conclude that the elimination of autonomy in the post-war years contradicted the ideology and practice of Soviet state building and created the prerequisites for subsequent voluntaristic decisions.

Introduction: in modern realities, the criminal law concept of the necessary causation ceases to be universal, which causes serious concern for scientists and initiates cognitive processes in this legal space. The raised set of scientific and applied issues, due, among other things, to the rapid development of digitalization and artificial intelligence, the integration of new technologies in all spheres of life, accumulates the most important theoretical and applied problem of cause-and-effect relationship and other causal dependencies between a socially dangerous act and a socially dangerous consequence. This problem, according to the scientific hypothesis, a priori, is most clearly highlighted in the legal field of careless crimes. The purpose of the research is to find arguments for the validity and veracity of the scientific hypothesis put forward, the criterion for the truth of which can be judicial practice, as well as to identify the peculiarities of Causal relationship in careless crimes. Methodology: from the point of view of the methodological basis, the study relies on the universal philosophical method of cognition of criminal law matter, as well as a number of general scientific and private scientific methods, including analysis and synthesis, induction and deduction, content analysis, hermeneutic and dogmatic methods, etc. Results of the research and conclusions: first of all, the validity of the scientific hypothesis put forward has been proven. The cause-and-effect relationship between a socially dangerous act and a socially dangerous consequence in careless crimes of the investigated type affiliation (against traffic safety and operation of transport, as well as against life and health of the individual) can be explained taking into account the complex conceptual approach synthesizing rational “grain” of theories of necessary and incoming causality (the latter is a private manifestation of the theory “conditio sine qua non”). The peculiarity of the harm caused in careless crimes of the investigated type is its indirect nature, due to the nuances of an objective situation, the development of phenomena and events of the objective world, physical laws, patient behavior, its physiological state, the action of mechanisms, the “behavior” of artificial intelligence, etc. It is also important to state that in the context of the presented careless crimes, it is more correct to talk not about cause-and-effect relationship, but about other causal dependencies.

The educational impact on juvenile offenders, which is one of the key state problems that require constant attention from legislators, law enforcement agencies, other interested institutions and the whole society as a whole, is considered. The main purpose of the article is to highlight the problems of applying coercive measures of educational influence. To achieve this goal, an analysis of theoretical provisions, norms of criminal law and examples of judicial practice on the release of adolescents from liability with the appointment of compulsory measures of educational influence, provided for in articles 90–92 of the Criminal Code of the Russian Federation, was carried out. It is noted that in the overwhelming majority of cases, minors begin “their criminal career” with the commission of disciplinary offenses or administrative offenses. Administrative offenses committed for the first time or crimes of small and medium gravity still make it possible to achieve a positive result in the correction of a teenager by releasing him from criminal responsibility with the use of compulsory measures of educational influence. Attention is focused on the fact that formalism in the work of law enforcement structures, shortcomings and problems in the legal regulation of these measures of coercive influence by no means always prevent the involvement of minors in a criminal lifestyle. Based on the results of the study, specific proposals were formed to increase the effectiveness of the impact of the regulatory requirements of Articles 90–92 of the Criminal Code of the Russian Federation on minors.

The problem of the distribution of narcotic drugs has become more and more serious in recent years, which is facilitated by the improvement of methods for such distribution. With the development of digital technologies, social networks, the Internet itself, the number of crimes committed using these technologies is growing. In this regard, it is relevant to analyze the ways and methods of drug trafficking using the Internet. This paper explores issues related to the methods of selling narcotic drugs, psychotropic substances or their analogues on the Internet. The phrase “drug trafficking” is defined as the illegal trade involving the cultivation, manufacture, distribution, and sale of substances that are subject to drug prohibition laws. So, as you might expect, the concept of Internet drug trafficking is simply the act of participating in Internet drug trafficking. The purpose is to analyze the features of committing the distribution of drugs on the Internet. Examples of the closure of such Internet sites are given.

We consider a rather acute issue of organizing effective management of business activities in a crisis situation. In particular, we bring out some problems related to the assessment of the reasons for the development of bankruptcy practices in Russia, especially for citizens, namely, the issue of approval by courts of arbitration managers, control over their activities, and removal is discussed as one of the main problems. The relevance of the issue is emphasized by the fact that today the managers approved by the courts have significant tools for abuse (including latent ones), which, of course, requires better legislative enforcement of the requirements of disinterest, conscientiousness and reasonableness. To date, the legislator and judicial practice of the highest courts are making attempts to improve bankruptcy procedures, including a movement towards leveling the influence of the debtor, related lenders on bankruptcy proceedings. At the same time, the institution of approval of the arbitration manager, control over his activities and removal continues to be at an intermediate stage of development. With reference to international practice, our position is expressed on the need to introduce into Russian legislation mechanisms for random automatic selection of arbitration managers for the purpose of their approval in bankruptcy proceedings, as well as the possibility of unconditional removal of already approved managers on the grounds of mistrust on the part of the majority of lenders with the establishment of a fair compensation mechanism. We also propose strengthening the criminal liability of participants in bankruptcy proceedings, including the introduction of a special composition on the liability of an arbitration manager.

The presented study examines the practice of implementing legislation on justified risk or extreme necessity, as circumstances excluding the criminality of the actions of rescuers involved in emergency rescue operations. It is noted that, despite the increased attention from the legislator, as well as the scientific community, today it is necessary to improve the practice of implementing legislation on justified risk or extreme necessity, as circumstances excluding the criminality of the actions of rescuers involved in emergency rescue operations. There is no legally established mechanism for determining “imaginary” extreme necessity, which, according to the researcher, can be solved as follows: a person should be held liable only if, based on the current situation, he could and should have realized that the threats are actually no, the danger is imaginary. In this case, the responsibility for the harm caused comes for a negligent crime. In all other cases, we will talk about imaginary extreme necessity. The author's interpretation of such a term as “actions in conditions of uncertainty” is presented, which should be understood as the actions of officials and personnel of the fire department to eliminate the threat to life and health of people, save people when extinguishing fires and (or) carry out emergency rescue operations carried out in the absence of the necessary and sufficient information to make a decision on the methods and means of rescuing people, extinguishing a fire and (or) conducting emergency rescue operations and eliminating the consequences of an emergency.

We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.

The process of proof is the central link around which criminal proceedings are built. The event, the circumstances of which are to be established, took place in the past, and it is impossible to reproduce it in all details in the present. But, as you know, every crime leaves traces. Evidence is material and ideal traces that appear in the objective world and which must be collected, verified and evaluated in order to properly consider and resolve the case. At present, the subjects of proof make a large number of mistakes, as a result of which the evidence is recognized as inadmissible, which sometimes entails a review of the court decision and the re-qualification of the actions of the guilty person, thus at the present stage, a close and comprehensive study of the problem is required in connection with the relevance of existing issues (problems), requiring solutions in order to eliminate gaps in the criminal procedure legislation and bring to the uniformity of practice. So, for example, the activities of employees engaged in operational-search activities are an invaluable source of data aimed at assisting in the collection of evidence, and is also often the starting point in the activities of the investigator, interrogating officer. The procedure for the procedural registration of the results of operational-search measures, the procedure and conditions for using them as evidence should be regulated by the criminal procedure legislation. The actual problems of using the results of operational-search activity in proving in criminal cases are considered. The analysis of legislation, judicial practice and opinions of procedural scientists on this issue was carried out. Particular attention is paid to the problems of legalizing the results of operational-search activities in the framework of procedural evidence in a criminal case. The ways of solving the studied problems are proposed.

We analyze the problems of finding the most effective collective security mechanisms at various levels. The relevance of this topic is due to the priority of the tasks of modern states in the field of maintaining security. Issues of the theory of legal regulation of interstate relations are of particular relevance. The growing tension and other destructive tendencies in the modern world create many prerequisites for a possible transition to another level of international cooperation in the field of security. The development of new alliances and attempts to expand the role of existing interstate mechanisms actualize the issues of improving the formats of international cooperation in this area. BRICS, one of the key formats of multilateral cooperation aimed at creating their own model of interaction, continues to offer participants the opportunity to demonstrate not only an important geo-economic and humanitarian role, but also geopolitical significance in the world. We conclude that the growing influence of many factors of the new geopolitical reality determines the renewal of existing security strategies and the formation of new BRICS priorities. The need to expand the role of BRICS in this area, in which the influence of certain internal factors and especially the changing conjuncture of international relations on this process is still important, requires the use of the most flexible mechanisms and channels of cooperation aimed at both developing BRICS soft security mechanisms and on the further improvement of their own system of collective security as a whole. The above study and conclusions contribute to the development of the science of the theory of state and law in the field of regulation of international relations.

The presented material highlights the main stages of the life path of Doctor of Law, Professor Nikolai Antonovich Pridvorov. Attempts were made to comprehend his contribution to the development of legal science and education in the Tambov region, the formation and activities of the scientific school, which functioned on the basis of the Derzhavin Tambov State University under the scientific supervision of Pridvorov since 1995. The life story of Nikolai Antonovich, the path of his education, his formation as a person, as a figure of an outstanding lawyer, the path of a lawyer and founder of the legal community in the Tambov region, his contribution to the development of legal education and science in the Tambov region, the formation of his own scientific school, strong scientific ties with various leading scientific and educational centers, evaluation and recognition of his works by foreign colleagues. It is emphasized that his scientific school was formed on the basis of the conceptual directions of the development of Russian legal science, theoretically substantiated the reform processes in Russia, while referring to the analysis of the historical and legal heritage of domestic and foreign scientists. The influence of N.A. Pridvorov on the formation of a whole generation of lawyers, which allowed the authors to assert that he was the foundation and basis of legal education and science in the Tambov region, leaving in each of his students a vivid idea of law, its supremacy and progressive significance.