No 6 (2023)

Currently, information technologies are being developed and introduced into various spheres of public relations. State regulation and the judicial system are no exception. In this regard, not only the formats of legal relations are changing, but also traditional approaches in justice and administrative regulation. Therefore, it is necessary to consider the influence of discretion in various kinds of relations and the political and legal system. Separately, the issues of judicial discretion and internal conviction of the judge in the conditions of digitalization are investigated.

The purpose of this work is to determine legal decisions based on information technology and the implementation of judicial discretion in modern conditions. The above goal is realized by identifying the reasons for the lack of an effective assessment of discretion in various areas of public administration.

The research methods are formal-legal, logical, and systematic.

Brief conclusions are the need to develop legal discretion in modern national realities. The authors distinguish between the content of “judicial discretion” and “internal conviction” of a judge from the perspective of the implementation of professional activity in the conditions of digitalization and technologization of justice. The necessity and efforts of the leading role of the court (in the person of a particular judge) from the perspective of the emergence of various kinds of risks with the widespread use of digital products, as this contributes to the abuse of the law, are noted.

The article is devoted to the stages of formation and typology of judicial constitutional justice in foreign countries. A thorough analysis of the role of constitutional justice in ensuring the principles of federalism is given.

Formulation of the problem. The paper examines the issues of proving hidden labor relations in law enforcement practice. Purpose and objectives: to determine how effective the application of the general rule for the distribution of the burden of proof between the parties to a litigation in cases of this category. Methods: based on the content analysis of judicial acts posted on the site "Judicial and regulatory acts of the Russian Federation", it is concluded that the evidentiary presumption, which is reflected in the official interpretation of the law, today allows to protect the rights of the weak party in labor relations at the proper level. Conclusions: the evidentiary presumption is applicable in litigation both in the case of actual admission to work without concluding an employment contract, and in the case of actual admission to work with the conclusion of a civil contract. However, this does not mean that the employee is exempted from presenting evidence to substantiate his claims in cases of this category.

Some issues of using digital technologies in the housing and communal services sector are considered as a way to participate in a general meeting of owners of premises in apartment buildings. From the standpoint of ensuring the identification of the subject of the relevant legal relationship in order to ensure the protection of his rights. In this regard, conclusions are drawn about the need not only to form certain requirements for the technical or technological support of the voting process, including the definition of the corresponding corresponding responsibilities of the management company, but also the need for more thorough legislative regulation of the process of individualization of the subject of civil legal relations in the digital environment, including not only at the initial stage, but also before the start, as well as during the voting process.

Problem statement. The right to a fair trial within a reasonable time by an independent, impartial and competent court, in compliance with the fundamental principles of criminal proceedings established by international treaties and national legal acts, is pivotal in the legal status of the individual. As judicial practice shows, in criminal proceedings, the implementation of this right largely depends on individual judicial regulation when deciding on satisfaction/refusal to satisfy the request for questioning in court of a defense witness.

The significance of the testimony of a witness confirming the defendant’s alibi or other circumstances testifying to his innocence or the presence of mitigating circumstances actualizes theoretical and applied (based on the analysis of judicial practice) studies devoted to the interrogation of a defense witness during the judicial investigation of a criminal case.

Purpose of the work: to identify methodological and organizational and legal problems of summoning and questioning a witness at a court session, to determine the role and aisles of individual judicial regulation when making a decision on a petition for summoning a witness submitted by the defense party.

Results. The importance of questioning a defense witness at a court hearing to ensure its publicity, immediacy and verbality is obvious. The interrogation also ensures the proper procedural regime of proof and the operation of the principles of adversarial, presumption of innocence and the right of the accused to defense. Recommendations and other provisions of judicial bodies regarding the summoning and interrogation of witnesses should be evaluated on the basis of the principles of justice enshrined in Russian law, while individual judicial regulation in resolving a specific petition for summoning a witness should be formed on the basis of recognition of the significance of the testimony of this participant, their possible impact on the outcome of the trial, and also provided, when necessary, technical capabilities of video conferencing and web conferencing.

The article highlights several issues related to the supplement of the appeal in the modern criminal process. The authors analyze the reasons that impede justice in criminal cases in connection with the filing of an additional appeal.

Several suggestions are formulated to improve the judicial practice of ensuring by the courts the right to appeal in the Russian criminal process.

The successful satisfaction of state and municipal needs as a component of the functions of public-territorial entities depends on the efficiency of the use of budget funds, including through the contract system, one of the institutions of which is the initial maximum contract price. Having a significant impact on the cost-effectiveness of spending budget funds, the initial maximum contract price, its justification and definition are of increased scientific and practical interest, including due to the difficulties of applying the norms regulating it and the ambiguity of judicial practice.

The methodological basis of the study was a set of general scientific and private scientific methods based on the dialectical theory of cognition and focused on achieving the research goal. The purpose is to analyze the theoretical foundations of the application of the initial maximum contract price to achieve effective use of budget funds, to consider the practical features of its definition and justification.

The article examines the current and previously existing norms governing the definition and justification of the initial maximum contract price. Judicial practice was analyzed, which allowed to determine the main types of violations committed by customers within the initial maximum contract price.

Discussion. The conclusion about the need to unify the court decisions on the determination and justification of the initial maximum contract price is substantiated.