Vol 5, No 17 (2021)

Based on the understanding of the doctrinal principles of law as socially significant ideas formulated by scientists, practitioners, politicians in scientific works and other texts, as well as in public speeches and have not found a normative consolidation, the peculiarities of the doctrinal principles of law are highlighted. It is proposed to delimit the doctrinal principles of law from legal axioms and normatively enshrined principles of law (principles of positive law). The similarity between the doctrinal principles of law and legal axioms is that they are ideas. It is substantiated that their differences lie in the fact that legal axioms are always ideas that are socially important and tested by historical experience, and doctrinal principles can be absolutely any, including new ones, coinciding or not coinciding with the needs of society; doctrinal principles are always not normatively fixed (this is their main specific feature), and legal axioms may or may not have normative consolidation. The main differences between doctrinal and normatively enshrined principles of law are highlighted. Three ways are established for the implementation of doctrinal ideas to the level of sectoral, inter-sectoral or general legal principles. The position is substantiated that doctrinal principles have enormous social significance and play an important role in the legal system of Russia, since are the basis for innovative changes in law, are a driving force for the development of legislation, based on the level of development of scientific knowledge and the needs of society in a specific historical period.

The work, based on previously little available for research, as well as materials and documents found in archival institutions, reflects the legal basis for ensuring road safety in 1948-1953, the state and organizational and legal measures taken in the field of combating accidents in road transport at the republican level by the example Ukrainian Soviet Socialist Republic. Attention is focused on the key problems that determine the development of the road safety system, the measures taken, their effectiveness, mistakes and achievements. Measures to counteract accidents in vehicles are investigated from a historical and legal standpoint, a critical and detailed analysis of decrees and orders of the government, departmental regulatory legal acts. It was found that the presence of a significant number of administrative decisions of the republican authorities of Soviet Ukraine, although it was a rather progressive step for its time, did not fully take into account the reality of achieving the set goals, local conditions and peculiarities. At the same time, the functioning of the emerging road safety system was significantly hampered by the lack of a unified national policy in the context of the rapid growth and development of the country’s automobile and road complex.

The history of the development of legislation on criminal liability for crimes of a terrorist nature in Russia has changed. The modern perception of the criminal phenomenon under consideration, as we note, is reduced to the ideology of violence, the motivation and goals of which depend on what is at its core, for example, politics, religion, racism, and so on. The analysis of legislative acts before the October revolution of 1917 allows us  to identify the objects of terrorist influence (representatives of the authorities, the government, the head of state) and the methods of committing such criminal attacks (deliberate arson, explosion), which in practice had a certain criminal legal significance for the qualification and appointment of punishment. The work focuses on the fact that only some provisions of the articles of the Russian Pravda, the Sudebnik of 1497 and 1550, the Pskov and Novgorod Court Documents, the Cathedral Code of 1649, the Military Code of 1715, the Code on Criminal and Correctional Punishments of 1845 contained signs of terrorist actions. In the course of the study, we conclude that no legislative act of the pre-Soviet period contained a terminological base that defines terrorist crimes as such. The wave of terror in the 19th–20th centuries. it resulted in the mass death of people and the commission of a number of other acts. Deliberate arson and explosions cause intimidation and cause significant damage to the interests of the individual, society and the State. The research in the scientific work shows that terrorism as an independent type of crime has been legally regulated since 1992.

One of the areas of effective legal regulation of penal legal relations is the compliance of lawmaking and law-enforcement activities with the requirements of the fundamental provisions of penal legislation. The object of the research is the implementation of the equality principle of convicts under the law through the consolidation of equal rights, duties and legitimate interests of convicts in the penal legislation. The subject of the research is the penal legislation norms governing the institution of the convicts’ departure outside the penitentiary. We indicate the connection of the phenomenon under study with the lawmaking and law-enforcement aspect of penal law. We outline some of the law-making and law-enforcement penal issues that are directly related to the consolidation and application of the penal legislation norms when granting convicts the right to leave the penitentiary to visit children. As a methodological basis for cognition, the following are used: general scientific methods of analysis, synthesis, induction, deduction, which make it possible to investigate aspects of penal legal reality directly related to the implementation of the principles of penal legislation, to formulate well-grounded conclusions; private scientific methods – formal legal and comparative legal – make it possible to identify problems of legal regulation, develop proposals for changing legislation. As a result of the study, we identify the penal legislation norms that contradict the equality principle of convicts under the law, and propose ways to eliminate the identified contradictions.

We consider the issue of understanding the administrative prejudice in criminal law. We investigate the ontological problems of administrative prejudice in the doctrine of criminal law. The purpose of the work is a rational and critical consideration of the criminal law science provisions in relation to the question of the characteristics and legal essence of administrative prejudice. We analyze the arguments “for” and “against” the preservation of administrative prejudice in the criminal law, consider the essential characteristics of this concept. We state that administrative prejudice is now considered outside the corpus delicti, identifying it with a specific means of legal technique, or within the corpus delicti, as an element of the objective side or subject of the crime. We substantiate the position that administrative prejudice is a sign of a special subject of a crime. We prove that when committing a repeated similar offense, it is necessary to talk about the public danger of the subject who has committed multiple repetitions of the same offense. In this case, each subsequent multiple offense should entail the onset of criminal liability, because this right violation is not associated with the act, but with the figure committing the unlawful act. We propose measures to improve the proposition of administrative prejudice in the criminal law. Research methods: formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, law-making, legislation.

The work is devoted to the actual problem of repeated consideration by courts of general jurisdiction of similar disputes contrary to the principles of procedural economy and legal certainty. The main scientific methods are used: the dialectical-materialistic method of scientific knowledge, the formal-logical method, the method of analysis and synthesis. We subject the elements of the claim to scientific analysis as a means of its individualization. We examines in detail the views of scientists on the subject of the claim, the actual and legal basis of the claim, the parties and the content of the claim as objects of individualization of claims when establishing their identity. Close attention is paid to the use of alternative grounds of claim in disputes arising from ongoing legal relations. We study the ways of artificially changing the new claim in order to overcome the validity of the court decision made on the original claim. We formulate a proposal for a temporary restriction on the filing of new claims in disputes characterized by continuing legal relations, and also justifies the expediency of introducing the concept of “actual identity” of claims into scientific circulation. In conclusion, we mark the dishonest methods of overcoming of identity claims, among which manipulation of the legitimation of the parties to the dispute, interpretation existed at the time of consideration of the initial claim of the circumstances of the case as a new cause of action, the formal change of the plaintiff.

The information environment is currently an indispensable part of life of society and state. Virtual space and new technologies not only make life easier and better for modern people, but also pose real and serious threats to national security. The virtual (non-existent) environment has a great impact on the real (practical) life of the individual, society and state. The danger lies in the fact that the state, represented by its bodies and officials, does not have time to create and correct the legislative framework for counteraction in time. We reveal that unified measures, as well as the unity of the policy in the field of information security in the world at the level of the UN Declarations and Conventions, have not been adopted, therefore, countering virtual threats, as well as ensuring the security of the information environment, is imposed on regional and state systems ensuring national security. When analyze the fundamental documents for ensuring the national security of the Russian Federation in the virtual sphere, it is revealed that the legislator places the main emphasis on threats of informational influence from foreign states, without covering and not disclosing the entire volume and current state of possible negative phenomena and threats in this area.