Vol 10, No 4 (2024)

This article considers the problem of the practice of identifying and resolving temporal and substantive normative conflicts by Russian courts. Using the method of law application monitoring, the author studied 178 court decisions adopted in 2017-2024. The analysis of these decisions shows that Russian courts most often resolve temporal and substantive conflicts between federal laws, but there are also conflicts of subordinate normative legal acts and atypical legal conflicts. Among federal laws, the most frequent conflicts are with the norms of civil legislation and bankruptcy legislation; in resolving such conflicts, courts consider codes and other laws as acts of equal legal force, in most cases favoring the latter as containing special norms. Conflicts may arise not only between the norms of different legal acts, but also within one, and such conflicts are resolved by courts both by the rule lex specialis derogat generali and by the rule lex posterior deorgat priori. The study also shows some peculiarities of the application in Russia of the rules for resolving temporal conflicts, including the courts’ presentation of the lex posterior rule as a form of indirect repeal of an earlier law.

The article is devoted to the comprehensive study of issues related to the current state and main directions of reforming the legislation on free legal aid in Russia. Particular attention is paid to the activities of individual participants in the state and non-state systems of free legal aid in a number of constituent entities of the Russian Federation. Based on statistical data and the practice of implementing the right of citizens to free legal aid in different constituent entities of the Russian Federation, the authors highlight specific features (peculiarities) characteristic of the provision of free legal aid in different regions. The authors pay special attention to state law firms and lawyers as the main entities providing free legal aid, the role and main areas of activity of legal clinics and non-governmental centers in this area are analyzed. Particular emphasis is placed on the importance of the notary office as an institution guaranteeing the right to free legal aid. As a result of the study, the authors come to the conclusion that there are a number of features (sometimes very significant) in various constituent entities of the Russian Federation related to the provision of free legal aid. The work presents a number of proposals for improving legal regulation in this area.

The article provides a comprehensive analysis of legislation in the field of circulation of medicines, identifies intersectoral links and identifies areas for improving the legal regulation of relations in the pharmaceutical industry. The authors raised a number of problems related to the development and unification of the conceptual apparatus used, licensing of the activity under study, contractual registration of individual stages of the movement of medicines, the introduction of new technologies that contribute to the development of personalized medicine. The article proposes the construction of model contracts accompanying clinical trials of medicines reflecting the specifics of such scientific trials, identifies the need to strengthen the information component of legislation on the circulation of medicines, taking into account the expansion of the scope of digital technologies, recommends new approaches to regulating the process of innovation, taking into account foreign experience, emphasizes the role of local acts.

The article draws attention to the fact that in the issues of prevention of committing new crimes a special place is given to probation as a way of combating recidivism. A convict, who has been in isolation, undergoes certain changes, previously established social ties are broken, and when released there are often serious problems with adaptation to life and risks of committing repeated crimes. The purpose of this study is to develop a reasonable system of counteraction to recidivism in modern Russia, taking into account the probation experience of some foreign countries. The research is based on the dialectical and worldview approach that determines the general principles of cognition, which allowed us to study the prevention of modern recidivism, including in the Republic of Belarus, the Republic of Kazakhstan and the People’s Republic of China. In the process of the research the scientific hypothesis that social adaptation and rehabilitation of convicts both during the period of serving the sentence and after release has a positive impact on reducing the level of recidivism has been verified. According to the results of the conducted research the mechanism of re-socialization influence on the persons who have been subjected to criminal liability, capable to strengthen the psychological and pedagogical process in the institutions of the criminal-executive system, to prevent committing repeated crimes by the previously convicted and those who have served criminal punishment, has been developed taking into account the experience of some foreign countries.

In this article, the author examines current aspects of operational investigative identification and documentation of corruption-related crimes within the framework of the execution of state (municipal) contracts, in particular when accepting inventory items and during tenders. In addition, special attention is paid to identifying economic and corruptioneconomic crimes within the framework of the implementation of state (municipal) contracts. The trend of increasing the number of registered types of crimes under study in the area under study actualizes and confirms the relevance of the problem. Current schemes for committing the types of crimes under study are considered, on the basis of which the features of the implementation of the most common operational investigative activities are analyzed in order to identify and document corruption crimes related to state (municipal) contracts.

Despite the existing research related to the field of philosophy of international law, the question of the content and specifics of the latter as an independent discipline remains open. The article proposes the development of the question of the subject-methodological aspects of this field of knowledge, its systemic and structural features in comparison with other scientific areas regarding international life. The thesis is stated that if the common object for international studies, which predetermines the choice of a general methodology, is the sum of the relations that make up international life, then the subject of each individual discipline, in contrast to related ones, is developed by concretizing the methods of sectoral direction. At the same time, by extended analogy with the fact that the philosophy of law is recognized as a methodological science in relation to other, special legal disciplines, the philosophy of international law can also be considered as a methodological laboratory in relation to various disciplines united by the common object of international life.

The article is devoted to the problem of observance of the individual’s right to privacy in criminal proceedings during the inspection of personal mobile devices, as well as the issue of the impact of digital technologies on the implementation of this constitutional right. The purpose of the study was to substantiate the thesis about the need to expand guarantees for the protection of the right to privacy in criminal proceedings in connection with the digitalization of private life itself. The methods of analysis, synthesis, comparative legal method were used in the study. The article analyzes the concept of «private life» through the prism of regulatory regulation, doctrinal interpretation and law enforcement practice. A comparison of the concept of «private life» and the Anglo-American concept of «privacy» is made, and the experience of the ECHR and the United States on the content of the right to privacy is also considered. As a result of the study, the definition of the right to privacy was formulated and criteria for attributing information to private life were proposed, as well as the need to extend the legal regime of protection to virtual privacy was justified. The results obtained can be used in further research on the specifics of the implementation of the principles of the criminal process, use of computer information in criminal proceedings, as well as in the study of other problems on related topics.

This article proposes an original systematization of the factors influencing the stability of state power, based on the political and legal teachings of foreign authors and historical experience. The main content of the study is devoted to a detailed analysis of domestic factors related to the organization of state power and factors related to the welfare, security and equality of citizens. The first include the “weak” sides of such forms of government as the republic and the monarchy, as well as problems related to legal regulation. The second is the insufficient material security of the population, the insecurity of citizens and their property, the lack (non-observance) of equality in granting rights, assigning responsibilities and bringing to responsibility, and setting taxes. The author correlates theoretical propositions with historical facts and with the current regulatory framework. During the consideration of each of the listed factors, an analysis of modern Russian legislation is carried out in order to identify provisions that prevent the occurrence of the identified risks, and a reasonable assessment of their relevance and significance is given.