No 2 (2023)

The article is devoted to the study of the category of legal policy in domestic constitutional law. As a result of the analysis of various approaches to the interpretation of the legal phenomenon under consideration, the author presents his own understanding of legal policy as a theoretical basis for the formation of a strategy and tactics for building all legal relationships within a state and the concept of its communication with other players in the international arena. Using the example of the constitutional reform in Russia in 2020, the content of the amendments and the mechanisms for their implementation in the legislation, the author clearly demonstrates the relationship and interdependence of the Basic Law and legal policy.

Based on the analysis of the current legislation, the article analyzes demographic processes, norms and requirements necessary for population growth, as well as the most dangerous deviations from them for the development of Russian civilization, that is, deviations.The author identifies three periods in the history of natural population growth, two of which are depopulation (1992 - 2012, 2015 - present), and moderately positive (2013 - 2015), and also lists the factors influencing the increase in population.During the analysis of deviations from the favorable and desirable development of the processes of saving the population of the Russian Federation, the main reasons for the decline in fertility are identified, reserves of population growth are identified, the author's idea of ways to overcome depopulation of the population is formulated in terms of such a disastrous phenomenon as large-scale artificial termination of pregnancy, and the negative impact on the birth rate of the ban on abortions is revealed.

The Nuremberg verdict gave a criminal-legal assessment of the crimes of the Nazi leadership of Germany and was a kind of legal outcome of the Second World War. The verdict has become a kind of basis for the formation of the system of International Criminal Justice. Obviously, this event has always attracted and will continue to attract the attention of foreign and domestic researchers. A clear evidence of the relevance of such interest is the work of A.N. Savenkov considered by us.It should also be noted the following circumstance, which emphasizes the importance of the monograph we are considering in terms of a multilateral vision of the features of criminal military justice. The author highlights those sections of his research, which allows him to make an unambiguous conclusion that the Soviet justice, following in the wake of international cooperation, at the same time actively formed its own approach to the problem of punishment for war crimes.Noteworthy are the author's conclusions about the significance of the work of the Tribunal. The fact that Nuremberg became the basis for a completely different understanding and perception of the principles of the world order is highlighted. Nuremberg passed the Judgment in the name of peace, and it was based on the observance of all procedural principles and procedures for the administration of justice adopted in various countries.

The three-volume monograph “Military Law” presents a modern, conceptually and practically grounded understanding of the essence of modern Military Law as a system in the parameters of a holistic academic study

Problem statement. Despite the benefits that society receives from the use of artificial intelligence (AI), its use creates risks and threats, for example, as a means of committing a crime. The definition of “artificial intelligence” is reduced to the description of a set of individual information technologies that can collect and analyze data, as well as simulate human cognitive function. There are discussions in the scientific literature about whether and can be considered as a method, object or means of committing a crime. The article proves that it should be considered as a means of committing a crime.Goals and objectives of the study. The purpose of the study was to analyze the possibilities of using AI as a means of committing fraud in the field of computer information. The article analyzes the main methods of illegal acts, which are defined in Article 1596 of the Criminal Code of the Russian Federation, judicial practice of qualifying crimes under Article 1596 of the Criminal Code of the Russian Federation, the provisions of the Resolution of the Plenum of the Supreme Court of November 30, 2017 No. 48 (ed. dated 29.06.2021) “On judicial practice in cases of fraud, embezzlement and embezzlement”. The alleged criminal acts that can be qualified under art. 1596 of the Criminal Code of the Russian Federation, taking into account the methods of committing criminal acts.

According to the Energy Strategy of the Russian Federation, the generation of electric energy by nuclear power plants has increased by 25% over the past decade. Floating nuclear power plants (or FNPP) are promising technology in the field of using atomic energy in low–power nuclear installations. Compactness and mobility are the main advantages of the NPP, which make it possible to provide thermal power to consumers in the most remote territories, including in the Russian Federation, without the need to build an integrated nuclear infrastructure. The only Russian FNPP in the world, «Academic Lomonosov», is stationed in Pevek, Chukotka Autonomous Okrug. EU countries and China are interested in building their own thermal power plants. Russian Federation has planned the construction of several new FNPPs to ensure the operation of the Baimsky GOK. The emergence of a multifaceted and relatively new facility for the use of atomic energy calls for the need to analyze the current international and national legislation capable of ensuring environmentally safe operation.

Traditionally, the issues of legal regulation of the protection and protection of man and citizen are considered as one of the aspects of law enforcement. Social realities allow us to assert that, by virtue of the Constitution of the Russian Federation, a circle of specific public relations of administrative and legal protection has developed. These relations are regulated by the norms of administrative law, but have not yet received sufficient coverage and theoretical justification in the scientific works of domestic administrationists. The studied problems are of interest as a synthesis of law enforcement practice (the practical activities of subjects authorized in the field of administrative and legal protection, including in the field of labor protection, human health, sanitary and epidemiological welfare of the population, etc.) and the theory of administrative and legal relations, where the relations between public authorities and a person are harmonious, and based on an optimal balance of public and private interests. Consistently carrying out the correlation of the concepts of the terms “protection” and “protection”, based on historical and theoretical-legal ideas about these terms, the conclusion is formulated that their content and purpose are different. And the object of administrative and legal protection is different from the object of police protection. It also has differences from the activities of the judicial authorities. The use of comparative-legal, system-analytical, formal-logical and other methods of scientific cognition made it possible to identify a system of administrative-legal measures, methods and techniques through which the Government of the Russian Federation ensures the protection of constitutional rights and freedoms of man and citizen, creates guarantees for their implementation and exercises control (supervision) over the performance of the relevant duties assigned to authorized public authorities. The article analyzes the purpose and content of administrative and protective activities, defines the circle of authorized bodies (subjects) of administrative and legal protection, identifies elements of administrative and legal protection, provides a list of administrative and legal protection measures.

On the anniversary of the 95th anniversary, the legendary professor of legal history and a prominent orientalist lawyer from Moscow University, the founder of her own scientific school with numerous students and followers, Nina A. Krasheninnikova again stands before our eyes with her unique and bright scientific world of universal legal history and non-Western legal cultures. This article describes the beginning of her long scientific journey, first in the editorial environment of Moscow institutions, in parallel with the preparation of a dissertation research in English law. Then the stage of formation within the framework of scientific and pedagogical activity at the university of the “eastern direction” of her scientific research and close study of the colonial legal culture, preparation of a doctoral dissertation on traditional Hindu and post-colonial Indian Law is shown. Throughout her life, the professor has been engaged in consistent educational and methodological updating of the course on the General history of law, gaining new associates and direct students, participating, together with her graduate students and colleagues, in large research and educational projects, including an anthology of world legal thought, collections of translated documents and etc.

The article presents the scientific biography of Francis Lieber, the author of the Code, which entered the literature under his name, shows the structure and characterizes the content of the codified act, which was the basis of the Hague Treaties, which was further developed in International Humanitarian Law as the law of war or the law of military conflicts.

The formation of the contractual framework of international space law stopped around the beginning of the 1980s. Now a paradox has been created: the active involvement of individuals and legal entities in space activities is outside the scope of international law, and these persons are guided mainly by the national legislation of their States, so many contradictions and gaps are created. In this regard, interest is revived in such a legal category as the general principles of law, indicated as one of the sources of International Law in paragraph 3 of article 38 of the Statute of the International Court of Justice. The UN Committee on Outer Space, in which all law-making activities in this industry are concentrated, has been engaged in a thorough collection and analysis of national legislation for more than 10 years. In fact, this is an activity for the search and selection of general principles of law. Thus, the general principles of law become an element of the development of International Space Law.

In this article, on the example of the decision of the Federal Constitutional Court of Germany, the correlation between the freedom of profession and the constitutional guarantee of private property in Germany will be considered. As an example, one of the early cases of the Federal Constitutional Court of Germany called “District Chimney Sweeper”, which was decided on April 30, 1952, is taken. In this case, the Federal Constitutional Court of Germany came to the conclusion that the “enterprise” of a chimney sweep is a craft in which the private law aspects of economic life completely fade into the background, and in which moments of strict public law regulation certainly dominate. This circumstance does not allow us to bring the concept of “guaranteed right to engage in a craft” under “property” in the sense of Article 14 of the German Basic Law of 1949.

According to the author, the essence of one of the most important forms of legal protection of the constitution is constitutional supervision, in the activities of checking, identifying, ascertaining and eliminating inconsistencies with the constitution of other legal acts. The time frame of the chosen research period is due to the fact that it was then that interesting both in practical and theoretical terms in many ways search solutions in this area took place in our country. It was a period of intense competition between the Supreme Court of the USSR and the Prosecutor’s Office of the Supreme Court of the USSR for a place and role in constitutional supervision. The end result is that the Union parliament has become dominant here at the level of the Center, in the subjects of the Federation – their parliaments. At the same time, the main functions of constitutional supervision are assigned ultimately to the Prosecutor’s Office of the USSR. It should also be noted that the very fact of the revival of the prosecutor's office in Soviet times has become a real indicator of the resuscitation, adaptation, use in practice of old, pre-revolutionary, proven, in many ways specific, traditional institutions for Russia. It should be noted that such a parliamentary structure of constitutional supervision with the involvement of the prosecutor's office is very attractive and can be effective. It presupposes the adoption of measures to bring acts that do not comply with the Constitution into compliance with it even before their adoption, so in advance.

The article discusses the issues of the value and priorities of the Philosophy of Law for modern legal education. A brief analysis of the scientific and educational literature providing the discipli-nary integrity and possibilities of the Philosophy of Law from the standpoint of knowledge of the “ultimate foundations” and the legal nature of state-legal phenomena is carried out. There is an increase in the scientific and practical interest of jurisprudence in the spiritual and moral foun-dations of law as a priority in the political and legal strategies of the state.

In this article, using the comparative legal method, criminal procedural measures to counter extremist crimes are considered. For this purpose, the legislation of several States belonging to different legal families has been studied. The author concludes that in the global trends of countering extremism and terrorism, there is an active inclusion in the criminal procedure sphere not only measures to identify and solve crimes of the designated orientation, but also recompesatory technologies are being introduced. Under them, in the most general form, it is proposed to understand a kind of rejection of the procedural form in general or its replacement with non-traditional tools in favor of the final result in a criminal case.Similar means of combating extremism abroad take place where police and judicial discretion is developed, which significantly differs from the formalization of criminal investigation and judicial proceedings. There is no special procedural form for criminal cases on extremism or terrorism in the Russian Federation. The criminal procedure legislation provides for the possibility of concluding a pre-trial cooperation agreement and the adoption of a final decision by the court in such a case in a special order. Foreign mechanisms are much broader and depend on the discretion of the law enforcement officer. At the same time, in addition to the court, the right to simplify or complicate procedures may belong to the prosecutor’s office or even the police. This, according to the author, is the fundamental difference in approaches to combating extremist crimes and at the same time a direction for thinking about the possibilities of implementing effective means into domestic legislation and practice.

The All-Russian Scientific Conference with international participation “Philosophical and law readings of memory Academician of the Russian Academy of Sciences V.S. Nersesyants” devoted to the theme “Law development of Russia: past, present, future” was held оn the 28 - 29 of October 2022 at the Institute of State and Law of the Russian Academy of Sciences. In the conference considered the problems, including the role of domestic and foreign Philosophy of Law in the law development of Russia; actual theoretical problems of law enforcement; issues of improvement of legal dogmatics; directions of development of law education in Russia. The Philosophical readings were attended by representatives of the leading scientific and educational institutions of the country, as well as researchers from the Republic of Belarus.

The review of the monograph devoted to the modern concept of interpretation of international treaties, prepared by the author’s team under the editorship of Doctor of Law, Professor, Honored Scientist of the Russian Federation A. Ya. Kapustin, is presented. It is noted that this scientific work is a significant event in the world of legal science, makes a significant contribution to the Russian science of International Law due to the circumstances of the scientific substantiation of the phenomenon of interpretation of an international treaty, the systematic development of issues of theory and practice of the designated problem of the science of International Law.