No 7 (2023)

The special constitutional and legal status of judges, which guarantees their independence, requires that the rules on their disciplinary responsibility are sufficiently defined and predictable, and their application is based on the principles of fairness, proportionality of disciplinary punishment to the severity of the committed disciplinary offense, individualization of disciplinary responsibility. Among the legislative problems that complicate the implementation of these principles, the author notes the absence of the concept of minor disciplinary misconduct or legally established criteria of insignificance; the gap in legislation regarding the definition of repeated or systematic violations as a basis for the application of disciplinary penalties not related to the early termination of powers; the legislative restriction of the grounds for the use of demotion in the qualification class as a measure of disciplinary responsibility, and a number of other problems.

The purpose of the study is to substantiate the need for legislative establishment of clearer criteria for the application of different types of disciplinary penalties, differentiation of disciplinary offenses of a judge by severity. Research objectives: to identify problems of legislative regulation of differentiation of disciplinary responsibility of judges; based on the practice of qualification boards of judges to demonstrate the problems of application of Article 12.1 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”; to formulate proposals aimed at solving these problems.

The main method of research was the general scientific dialectical method of cognition, within which universal scientific methods were used: analysis and synthesis, induction and deduction, formal-logical and systematic. Comparative-legal, formal-legal methods, the method of legal modeling, etc. were used as private-scientific methods.

The result of the study is the proposals made by the author, the implementation of which will improve the effectiveness of the mechanism for bringing judges to disciplinary responsibility, ensure fairness and predictability of decisions made against judges and, ultimately, will guarantee judicial independence.

The study of the history of the formation of Russian statehood cannot do without the study of issues of law and justice. The Election Book of 1076, despite its predominantly moral and religious content, and The Bee, which includes teachings on various issues formulated on the basis of the works of ancient philosophers and fragments from the Holy Scriptures and the works of the Church Fathers, contain topics on issues related to the realization of law and the administration of justice, which have not lost their relevance today relevance. Based on the analysis, the authors come to the conclusion that the studied historical monuments were the traditional basis of the legal understanding and justice emerging in Russia and have not lost their significance in the light of the present time.

The article is devoted to the consideration of the problem of cancellation based on judicial practice materials of interim measures in civil proceedings by persons who did not take part in the consideration of the case and whose rights were affected by the adoption of interim measures.

The purpose of the article is to determine the most effective way of judicial protection of the interests of persons whose rights are affected by the adoption of interim measures. Achieving this purpose requires formulating the problem and establishing its causes, as well as identifying and analyzing the approaches that have developed in law enforcement practice regarding the appropriate way to protect the interests of persons whose rights are affected by the adoption of interim measures.

In the course of the research analyzes the materials of the judicial practice of the arbitration courts and courts of general jurisdiction on the consideration of issues related to the cancellation of interim measures.

Based on the analysis the author of the article substantiates the conclusion that it is necessary to make appropriate changes to the civil procedural legislation in order to eliminate the existing gap in legal regulation.

This article draws attention to the problems associated with assessing the sufficiency of evidence in sentencing in criminal cases involving jurors. The main attention is paid to the position of the Supreme Court of the Russian Federation on the issue of assessing the sufficiency of evidence in a trial involving jurors. The author notes that the Judicial board for Criminal Cases of the Supreme Court of the Russian Federation in one of its decisions noted that the issue of evaluating evidence, including from the point of view of their sufficiency, belongs to the competence of jurors. Meanwhile, the Criminal Procedure Code of the Russian Federation actually prohibits the presiding judge from evaluating evidence from the point of view of their sufficiency when passing an acquittal verdict of the jury. The guilty verdict of the jury does not prevent the acquittal if the presiding judge recognizes that there are no signs of a crime in the actions of the accused (part 4 of Article 348 of the Code of Criminal Procedure). An acquittal in this situation should be based on sufficient evidence indicating that there are no signs of a crime imputed to him in the actions of the accused. The Chairman, conducting his own assessment of the sufficiency of evidence, may recognize the absence of signs of a crime in this act and pass an acquittal, including contrary to the guilty verdict of the jury. Thus, the consideration of a criminal case in Court with the participation of jurors may end with the approval of the acquittal of the presiding judge, even if he admitted the absence of signs of a crime in what he had done (paragraph 2, paragraph 1 of Article 350 of the Code of Criminal Procedure of the Russian Federation). However, the author notes that art. 302 The Code of Criminal Procedure of the Russian Federation does not provide for such justification as “the absence of signs of a crime in the act”.

The article deals with the problems of understanding the term “cyberspace” for the purposes of criminal law. Taking into account the interdisciplinary aspect of this phenomenon, it is shown that it is necessary to consolidate various aspects of a complex phenomenon (legal, philosophical, sociological and technical) in one definition, which will allow it to be unambiguously interpreted and applied in practice. The author analyzes various approaches to the definition of the term “cyberspace” and offers his own, which is suitable for use in legal practice.

The development of transplantation in the Russian Federation raised in addition to ethical some legal issues, like the conflict of the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On burial and funeral business”.

Goals and tasks of the research. The main goal of the study is to determine the content of the principle of presumed consent and its legal boundaries. This goal led to the setting of the following tasks: firstly, on the basis of international and national law, to establish the donation procedure, and, secondly, to analyze the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights on the legality of the principle of presumed consent.

Methods. For the study, both general scientific methods like analysis, synthesis, deduction and induction were used, as well as private scientific methods, the main role played the comparative legal method. Guided by it, the author compared the approaches to the legal regulation of donation in various legislative acts of the Russian Federation and international law. Comparative analysis was used to study the practice of the Constitutional Court of the Russian Federation and the ECHR case law.

Brief conclusion. The author reveals two models of legal regulation of donation – presumed and requested consent. After studying the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On the basics of health protection of citizens in the Russian Federation”, the author suggests ways of improving the national legislation on posthumous donation.

The article deals with topical issues of determining the cadastral value of immovable property for tax purposes, as well as the possibility of establishing the market value of the property. The authors investigate individual conflict situations arising in the process of cadastral valuation of individual real estate objects. In the modern system of market relations, the valuation of real estate plays an important role, as the most common, but at the same time the most contested type of valuation in the judicial authorities. In this regard, the role of the correctness of establishing the cadastral value of real estate objects increases.