Vol 4, No 14 (2020)

The relevance of the study is due to the need for theoretical research of new processes of law and law-making digitization. The particular interest is the analysis of digitalization in the context of modern culture of law-making and the impact of digital technologies on the legal life of society. Theoretical research in this area can create the basis for preventing and overcoming numerous difficulties in practical legal (law-making) activity that may be associated with the introduction of this activity in the format of digital reality. The aim of the work is to study the processes of digitalization influence on the law-making institution (the culture of law-making activity) and to identify positive trends in the legal life of society related to the digital form. The methodological basis of the research is based on classical methods (dialectics, logic, analysis, synthesis, comparative method, etc.). We also draw attention to the need for gradual development and the possibility of applying methodological knowledge of post-non-classical epistemology, information approach, which help to study the qualitative characteristics of the digitization of law, law-making and culture in their nonlinear rapid development and self-development. The results of the study can be attributed to the allocation of positive and some negative aspects of the impact of digitalization on the culture of law-making and the legal life, the analysis of certain legislative provisions aimed at digitalization of the legislative process (on the example of the law of Tambov region), the establishment of the essential properties of the process of modern culture of law-making digitalization and its mainly positive influence on the legal life.

Sport is a very important component of our life. Many people play sports as a hobby, on an amateur level. However, for some people, sport is a part of their life, and they are engaged in sports activities at a professional level. The work shows the positive and negative sides of sports as a profession. In particular, after leaving the “high-performance sport”, outstanding and famous athletes become coaches, businessmen, political, public figures, etc. However, a completely different plot of life awaits people who receive injuries that are incompatible with further engaging in professional sports at the height of their career. If they do not achieve permanent excellent results, and do not reach the “Olympus of glory”, they become useless to anyone. To alleviate these consequences of athletes who are forced to end their professional careers due to injury, European countries have certain social support programs that help athletes cope with crises. At the same time, evaluating our legislation, we can note that at the moment in the Russian Federation there is no well-established system of social support programs for professional athletes who are forced to leave the “high-performance sport”.

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counterparty of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other conditions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a preliminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable experts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations providing for the introduction of criminal liability of legal entities in the legislation of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the commission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.

We consider the reasons and grounds for initiating criminal bribery cases. We note that statements and reports received in any form are subject to verification, the methods of which are secret and are selected depending on the type of industry and the activities of the official in respect of whom data on bribery is received. We pay attention to the specifics of the tactical operation “red-handed detention”, the subsequent examination of the bribe recipient, for the presence of a special chemical substance on his body and clothing, indicating that he touched the money. It is noted that in practice, in order to avoid situations when the substance is not left a mark or the person did not touch the banknotes themselves, in order to identify the banknotes, it is recommended to rewrite their numbers and series. Special attention is paid to the issues of attracting specialists to the process of reviewing initial information, as well as the possibility of using technical and forensic tools at the initial stage of such crimes investigation. We mention that the issue of the investigator’s presence and the implementation of procedural leadership of the tactical operation are debatable during the red-handed detention. We conclude that it is inadmissible for an investigator to participate in such an operation, since verification in accordance with articles 144–145 of the Criminal Procedure Code of the Russian Federation is possible only after a report of a crime is received and registered with the investigative authority.

The work is devoted to the analysis of legal regulation of the disputes consideration procedure by arbitration courts in the Republic of Tajikistan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an itemized commentary on the provisions of the above-mentioned law, which directly regulates the dispute resolution process by the arbitration court. In addition to the main issues related to the statement of claim, other requirements for the statement of claim are described, which are regulated by the arbitration rules. We carry out a comprehensive analysis of the procedure for submitting feedback on the statement of claim. We illustrate issues related to the competence of the arbitration court. We note that this is an important innovation of commented law, since the previous legislation did not consider the competence of the arbitration court. We assign a separate place to the definition of the arbitration rules, the arbitration language, and the arbitration confidentiality. We assign a separate place to the definition of the arbitral proceedings rules, the arbitral proceedings language, and the arbitral proceedings confidentiality. The features of applying interim measures are described. We consider the procedure for presenting evidence, as well as the features of the parties' participation in the arbitration court. We analyze the procedure for the appointment and submission of expertise. In addition, the regulation of the meeting protocol of the arbitration court is described. Attention is also drawn to the prohibition of bonded terms of the settlement agreement for any of the parties.

We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the philosophical and ethical categories that make up the legal basis of the rehabilitation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibility of violating the rights and legitimate interests of rehabilitated person stipulated by law. The methodological basis of the study consists in the use of traditional general logical and special legal methods – logical, formal and legal, analysis and generalization of law enforcement practice. We propose the author’s concept about the nature and legal nature of the rehabilitation institution as an interdisciplinary institution, which consists in the fact that rehabilitation consists in the idea of complete innocence. A literal (adequate) interpretation of the concept of rehabilitation in this case means the presence of three key elements: 1) the criminal prosecution of a person was unfair (illegal, unfounded); 2) the application of measures of criminal procedural coercion and (or) criminal punishment to him was illegal (unreasonable); 3) there were no grounds for prosecuting him, or there were grounds for excluding him. The study allows us to conclude that the rehabilitation institution of  innocent needs further improvement, based on its thorough legal regulation, since, being an interdisciplinary institution, it can ensure the observance and respect of the rights and freedoms of individuals and citizen only if the contradictions in the current legislation are eliminated.

As a result of everyday social activities, people constantly come into relationships with each other. This type of relationship may not be regulated at all (exist on the basis of morals, traditions, etc.), or it may not exist without a certain legal regulation, which is supported by the power of the state. Violation of these regulations constitutes an offense. Offenses have negative consequences for various spheres of public life, they cause damage to both society and the state. In modern conditions, there is a tendency to increase the number of offenses in society. This situation stimulates the study of the causes and conditions of committing offenses, both of certain types of offenses, and of all illegal acts in general. The work considers the main causes and conditions of offenses, and also provides a clear distinction of such terms as “cause”, “condition” and “reason”. The main role in the fight against offenses, including the activities to identify and eliminate the causes and conditions of committing illegal acts, belongs to law enforcement agencies. But in the current circumstances, this is not enough, so it is necessary to pay attention to other mechanisms and ways to eliminate the causes and conditions of violations and effectively use them.