No 1 (2023)

Introduction. The article analyzes the problem of the emanation of law, which is relatively new for the domestic legal science. The study presented in the article is based on the separation of the concepts of “emanation of law” and “evolution of law”, which allowed to give a thorough theoretical characterization and identify the specifics of emanation of law.

Theoretical Basis. Methods. The article states that under the general scientific approach the driving force of the development of social relations are contradictions arising in them, which need to be regulated. In preparing the article both general scientific and particular scientific methods were used: dialectical, formal-legal, hermeneutic. The systematic approach to the phenomena which constitute the subject of scientific analysis is predominant.

Results. First: the emanation of law is defined as the process of development of law from customary law to legal contracts, as a result of which it is possible to achieve a higher degree of certainty of law and law enforcement practice and the most effective protection of the rights and freedoms of subjects of legal relations, and its “initial link” is the objectively existing general (fundamental) and special principles of law.

Second: the “center”, the “stage” of the emanation of law, the “center of the circle”, are the objectively existing general (fundamental) and special principles of law that unite it with the “periphery of the circle”, the rules of law that allow the system of legal forms to exist in internal and external unity.

Third: the “stages” of forms of emanation of law were identified: customary law → legal acts → legal contracts which have different sources and contain legal regulators of legal relations – general (fundamental) and special principles of law and law norms.

Fourth: the legal categories of “evolution of law” and “emanation of law” are differentiated.

Fifth: the development of law in the world takes place in the “forms” of the emanation of law and the evolution of law.

Discussion and Сonclusion. In accordance with the arguments outlined in the article general social regulators of actual public relations, as well as legal and individual regulators of actual legal relations should be differentiated. According to the concept of the emanation of law, it is possible to allocate its stages as follows: customs of law, legal acts and legal contracts; among legal regulators – general (fundamental) and special principles of law, as well as law norms.

 The article deals with some problematic issues of the activities of verification authorities in arbitration and civil proceedings. The authors analyze the powers of the appellate instance and conclude that it is necessary to unify procedural legislation and unified judicial practice.

 The scientific article analyzes the socialist justice of the period of developed socialism (1960–1990s). Based on the theoretical studies of Soviet scientists and the legislation in force at that time, the concept of socialist justice was formulated. Taking into account the historical periodization of the Soviet state in 1960–1991. the features of the development of the judicial system are considered. It is substantiated that the initial period of the “Khrushchev thaw” actually represented a judicial reform, since the old, including repressive, legislation was abolished, and new judicial and judicial legislation was adopted. The next stage of reforming the Soviet judicial system was associated with the evolutionary improvement of the judicial system, without radical changes. It is proved that the third period of perestroika and the collapse of the USSR (1985–1991) actually became the basis for a new judicial reform. During this period, the prerequisites for judicial reform were laid, which were not destined to come back to life due to the collapse of the USSR.

The distribution of the burden between the justices of the peace is carried out with the help of the norms on generic and territorial jurisdiction, on the definition of the boundaries of judicial areas, on the methods of transferring cases. When creating and abolishing judicial precincts, regions are guided by a territorial criterion, the effective use of which is designed to equalize the workload of magistrates of one judicial district. The law provides for the possibility of transferring cases between judges of one judicial district on the basis of a reasoned order of the chairman of the district court, such a method of load regulation should be attributed to an auxiliary regulator, for the implementation of which it is necessary to use official statistical data, all categories of cases under consideration should be taken into account to determine the average load for the judicial district. It is necessary to constantly monitor the population in the judicial district, the location of infrastructure facilities and other facilities that serve or may serve as sources of increased workload (shopping and entertainment centers, social institutions, residential complexes, etc.). If the established population indicators in judicial precincts, judicial district exceed or decrease, such data should serve as a basis for the creation, abolition of judicial precincts, and in case of deviation from the average indicators in the judicial district, they should be the basis for clarifying (changing) the boundaries of judicial precincts. An even distribution of the workload will have a positive impact on the quality of justice, the organization of the judicial process, and staffing. The main factors in the formation of judicial sections that affect the load are the population and the territory of the judicial district, the auxiliary ones are the order of the chairman of the court on load regulation, other auxiliary factors: statistical data, assessment of the categories and complexity of the cases under consideration, accounting for objects that are “sources of increased load”. The correct organization of solving the problem of the workload of magistrates in the judicial district is the most important task both for the implementation of the principles of judicial proceedings and for ensuring access to justice.

This article discusses the possibilities of applying cybernetic methods in the production of forensic handwriting examinations at the present stage. The authors describe the history, current state and development trends of this direction of mathematical modeling. Analyzes the practical experience of Western and African criminologists in this area of special knowledge application. The peculiarities of the application of methods that are most widely used in Eastern, Western Europe and Africa are described: GLOBALGRAF, CEDAR-FOX, Cybid Graphlog, FLASH ID, WANDA. The key functions and algorithms of the mentioned computer complexes and programs, certain advantages and disadvantages in relation to the traditional qualitative-descriptive method of identification forensic handwriting examination are disclosed.

On the basis of the results formed the conclusion about the auxiliary value of cybernetic methods (techniques) and the need for their use in addition to the existing methodological tools through the application of a comprehensive methodology. This format will allow handwriting experts to determine some additional features of handwriting, to automate part of the stages and stages of expert examination, will contribute to its comprehensiveness and objectivization, as well as increase the scientific validity and reliability of the conclusions obtained.

This review, based on a scientific and practical study of the practice of courts in cases arising from the antimonopoly control, focused on the actual problems of proving the presence/absence of a violation of the antimonopoly legislation in the implementation of antimonopoly control and supervision activities and offers directions and approaches to improving law enforcement practice.

In accordance with Article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to have his case heard in that court and by that judge to whose jurisdiction it is attributed by law, the accused of committing a crime has the right to have his case heard by a court with the participation of jurors in cases provided for by federal law. The issue of changing the territorial jurisdiction is also connected with the issue of the impossibility of considering the case by that court or by those courts, the consideration of a criminal case or material in which may call into question the objectivity and impartiality of the court. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation have repeatedly addressed this problem, but practice constantly reveals more and more problematic issues.

The authors offer their vision for the resolution of some problematic issues in the presence of disputed jurisdiction when considering a criminal case in court. The issues of jurisdiction in criminal proceedings are quite complicated, and, at the same time, not fully investigated. This article is an attempt to consider in more detail a number of issues that arise when determining jurisdiction in criminal cases considered by courts, as well as materials, including materials considered by courts on the election of preventive measures, and within the framework of procedural control over the preliminary investigation in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, and at the stage of execution of the sentence, when resolving issues related to its execution.