Vol 5, No 3 (2023)

Introduction. This article deals with the problem of the evolution of law in time and space. The transformation of law is subject to certain factors. In a sense, they can also be considered as regularities. Conventionally, they can be divided into internal and external. Internal are those by virtue of which law is in development, obeying the cause-and-effect relationships of its being. External ones act on the law, modifying its content, forms and principles of regulatory influence.

Theoretical Basis. Methods. The theoretical basis of the article is the works of foreign and domestic thinkers and scientists in the field of the history of political and legal doctrines, as well as doctrinal sources devoted to the study of the problems of the development of legal science in the context of globalization and digitalization of all areas of life of modern mankind. In preparing the article, the following methods of scientific research were used: the method of materialistic dialectics, historical and legal, comparative legal, formal legal, analysis, synthesis.

Results. The article focuses on such categories as time and space. It is suggested that any institutions, including law, are formed by the space (territory) and the prevailing form of management on it. Democracy, as a product of trade, is intentionally oriented towards the expansion of its political and legal institutions in order to obtain maximum economic advantages. In such societies, merchants are at the top of the social pyramid. Agricultural civilizations potentially gravitate toward autarky, closed economic turnover, authoritarian political regimes, and centralized legal regulation. The elite of such societies is the aristocracy.

Discussion and Сonclusion. Political, industrial, religious and technological revolutions change the social architecture somewhat. Nevertheless, such trends persist today, despite the relatively new principles of economic organization at the national, regional, global levels. The subjects of the spread of legal institutions are most often a soldier, a merchant, a missionary.

Introduction. Despite the high importance of scientific schools in jurisprudence, there is a lack of objective data confirming or refuting the role of associations of this type for the social sciences. To determine the importance of long-term associations of scientists for conducting research, to demonstrate the effectiveness of various groups of journals that inform the legal community about the importance of collective cognitive activity.

Theoretical Basis. Methods. Based on statistical research methods of publications published in the Scientific Electronic Library “eLIBRARY.RU”, the conclusion is made about the importance of scientific schools for conducting research activities in the fields of natural, technical, medical, agricultural and socio-humanitarian sciences.

Results. A pattern has been revealed: if the object of study is a person as a biological unit (for medical sciences) or a social unit (for social sciences and humanities), the number of mentions of scientific schools in publications on the relevant topic is generally higher compared to natural, technical or agricultural sciences. The scientific school is of the highest importance for such a fundamental legal discipline as the history of state and law. According to the frequency of appeals to the phenomenon of the scientific school, the science of the history of state and law is closer to the historical sciences than to the legal ones. The importance of collective research in the field of law and collective knowledge of reality is not sufficiently communicated to practicing lawyers in periodicals aimed at the appropriate audience.

Discussion and Conclusions. Complex self-regulating systems as objects of research, whose behavior is characterized by the property of low predictability, have another system as one of the tools and measurement parameters – the scientific school and its founder. The society is one of the most complex self-regulating systems, which explains the role played by the scientific school in the field of jurisprudence. Practitioners should be involved in the work of research teams, whose work contributes to increasing the degree of reliability of research results, increases the practical significance and accessibility for the consumer of scientific products.

Introduction. The consideration by the courts of cases of administrative offenses is an essential part of the administrative judicial process and acts as one of the means of combating these offenses, as well as ensuring the legality of bringing individuals and legal entities to administrative responsibility. Meanwhile, the procedural and legal nature of the resolution by the courts of cases involving individuals and legal entities to administrative responsibility and cases of challenging decisions and decisions made in cases of administrative offenses (administrative proceedings or administrative jurisdiction) has not yet been clearly defined. In the context of the inconsistency of the current regulatory and legal regulation of the activities of courts of general jurisdiction and arbitration courts for the resolution of cases of administrative offenses referred to their competence, the question of the procedural and legal qualification of this activity becomes particularly relevant.

Theoretical Basis. Methods. The theoretical basis of the research was the works of Russian legal scholars on the theory of justice, administrative proceedings, proceedings on administrative offenses, as well as normative material contained in the legislation on administrative responsibility and administrative proceedings that were in force earlier and in force now. The main research methods used were the method of formal-legal analysis of normative legal acts and the historical-legal method.

Results. It is stated that the institution of judicial review of cases of offenses (misdemeanors) that are not recognized as crimes originated in the Russian state in the XVIII century and then evolved throughout the XIX and XX centuries. It is shown that historically two forms of court resolution of cases of administrative offenses have been formed: consideration of cases on bringing individuals and legal entities to administrative responsibility and consideration of cases on appeal (challenging) decisions and decisions made by administrative bodies or lower courts in cases of administrative offenses.

The absence of uniform approaches to understanding the legal nature of judicial activity in resolving cases of administrative offenses in the domestic procedural and legal science has been revealed. It is established that this activity is considered from two positions: as the administration of justice in the form of administrative proceedings and as the implementation, together with administrative bodies, of a separate independent complex administrative and jurisdictional proceedings. The inconsistency of the federal legislative acts currently in force regulating the consideration by courts of cases arising from administrative legal relations in terms of the procedural and legal qualification of judicial proceedings in cases of administrative offenses is noted.

Discussion and Conclusion. As a result of the conducted research, conclusions are formulated that the proceedings in cases of administrative offenses in all courts that are part of the judicial system of the Russian Federation represent the administration of justice in the form of administrative proceedings and are subject to regulatory separation from extrajudicial (administrative) proceedings in these cases.

Introduction. The article discusses the features of the exercise by parents of the right and obligation to determine the name of the child and its change, which are included in the list of personal non-property rights and obligations of parents, evasion of which may lead to deprivation of parental rights.

Theoretical Basis. Methods. The methodological basis of the study was philosophical methodology (dialectical method of cognition), general scientific methodology (modeling, logical analysis) and private methodology (comparative legal method, method of interpretation of law).

Results. It is determined that the exercise of the right and the fulfillment of the obligation by parents to determine the name of the child takes place when registering the birth of the child. The authority of the father depends on the state of marriage with the mother of the child and the presence or absence of the will to establish paternity on a voluntary basis. In connection with the admission of registration of the birth of a child at the request of other persons, the authority of parents to determine the name of the child should be interpreted broadly. Parents should take steps to register the child’s birth with the civil registration authorities.

The change of the child’s surname may take place after the registration of the child’s birth, but before the child reaches the age of sixteen. The procedure for such a change, the conditions that must be observed to change the surname, depend on a number of facts – the family legal status of the parent, the presence or absence of the will of both parents, the age of the child, the presence or absence of the consent of the child who has reached the age of ten.

Discussion and Conclusion. Parents exercise the right and obligation to determine the child’s surname when registering the child’s birth with the civil registration authorities.

After registering the birth of a child, a change in the child’s surname may take place if he has not reached the age of sixteen. Changing the surname of a child under the age of sixteen is the responsibility of the parents only in the event of a surname change by both parents.

In cases where paternity is established on a voluntary basis, when submitting a joint application for registration of the establishment of paternity, the parents in the joint application exercise their right to determine the child’s surname, since the choice from the surnames of the parents is carried out regardless of the discretion of the law enforcement authorities. The powers of parents to change the name of the child are limited by the discretion of law enforcement authorities.

Introduction. In the Russian criminal process, a system of measures of procedural coercion has historically taken shape. The leading place in this system is occupied by preventive measures aimed at ensuring the unhindered movement of criminal proceedings. But the application of preventive measures that restrict the freedom of the accused requires the participation of the court and additional guarantees. In the Russian criminal process, one such procedural security measure is house arrest. This article is devoted to the analysis of the evolutionary development of house arrest as a measure of restraint in the Russian criminal process. The study of the process of transformation of the relevant criminal procedural norms will contribute to the conceptual improvement of the system of preventive measures in Russian criminal proceedings.

Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific work in the field of criminal procedure law, devoted to both criminal proceedings in general and the specifics of the use of house arrest. The use of the formal legal method of research made it possible to identify patterns in the transformation of a measure of restraint in the form of house arrest.

Results. The article reveals the main historical and modern trends in the legal regulation of the measure of restraint in the form of house arrest. The historical experience and individual changes and additions made to the Code of Criminal Procedure of the Russian Federation during the period of its validity are analyzed, the main directions for further scientific discussion regarding the legal regulation of the measure of restraint in the form of house arrest are outlined.

Discussion and Conclusion. Although the preventive measure in the form of house arrest has shown sufficient effectiveness, there is a need to systematize the criminal procedure rules governing the choice of this preventive measure. The author believes that it is necessary to scientifically develop the issues of ensuring the rights of the accused under house arrest.

Introduction. The article dwells on the international legal cooperation on resolution of the consequences of dual and multiple nationality concerning extradition of bi- and polypatrids, resolution of investment disputes with their participation and provision of diplomatic protection.

Theoretical Basis. Methods. The theoretical basis of the present study was based on doctrinal and legal sources, as well as legal precedents in the field of extradition of persons with dual and multiple nationality, resolution of investment disputes, and diplomatic protection. Formal-legal, comparative-legal, historical, and predictive methods were used in the research.

Results. Dual and multiple nationality appear more and more widespread phenomena which is caused by the tendencies of modern interstate communication. In the absence of effective international legal regulation, in particular treaty regulation, a large number of disputes arises in connection with the legal status of bi- and polypatrids, among which the most urgent are those in the field of extradition, resolution of investment disputes and provision of diplomatic protection. The well-established approach in the area of bi- and polipatrizm implies the application of the principle of “effective nationality” in cases involving such persons.

Discussion and Conclusion. The admissibility and conditions for application of effective nationality principle are frequently not stipulated in the international treaties (on extradition, on protection of investments, on dual nationality), therefore it seems advisable to supplement this kind of treaties with appropriate provisions on the procedure of effective nationality principle application.