Correlation of International and Domestic Law: Procedural and Legal Problems

Introduction. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.

Philosophical and Legal Foundations of the Scientific Worldview of A. L. Blok

Introduction. Next year marks the 170th anniversary of the birth of Alexander L’vovich Blok (1852–1909), a talented scientist and statesman, professor and dean of the Law Faculty of the Imperial University of Warsaw, a philosopher, a man of “Aristotelian erudition”, and the father of the Russian poet Alexander Blok. His name is associated with the birth of the scientific school of sociological and political positivism in the Russian science of state law. However, there are no special studies devoted to the evolution of the ideas of sociological positivism in Russia. In this regard, the appeal of the work of one of the founders of this school, who brought up a whole galaxy of talented scientists (Taranovsky, F. V., Spek- torsky, E. V., Reisner, M. A.), is of undoubted scientific interest. Theoretical Basis and Methods. An attempt is made to reconstruct both the philosophical and legal foundations of the scientific worldview of A. L. Blok. When writing this work, a broad methodological base was used, characteristic of the history of the teachings on law and the state. The combination of metaphysical and dialectical approaches with the use of a methodological arsenal of socio-political and natural-legal doctrines made it possible to study and systematise the conceptual provisions of the scientific heritage of A. L. Blok. Results. The article traces the evolution of the scientist’s state-legal views in the context of the development of the science of state law in Russia. The study of the works published by A. L. Blok pays testimony to the independence of his ideas, his critical attitude to the pre- vailing Western European theories, and the originality of the methodological approaches developed by him to the study of state-legal phenomena. Discussion and Conclusion. The search and reconstruction of the main scientific work of the scientist-”Fundamental questions of politics”, on which he worked all his life, “like Plato on ‘Politics’ or Goethe on ‘Faust’, remains an unresolved task of historical and historical – legal science” [Spectorsky, E. V., 1911, p. 65], as well as the systematisation of the key ideas of the scientific school created by him.

Determinants of Legal Behaviour

Introduction. This article is devoted to the research of essence and the legal behaviour of the person. The purpose of article is the identification of the factors influencing formation, development and content of legal behaviour. Theoretical Basis. Methods. The article is based methodologically on the post-classical anthropological paradigm which allows consideration of legal behaviour through a prism of subjective perception by the person. The studying of fundamental bases of legal behaviour is impossible without identification of their valuable basis. Results. It is proved that the commission by the person of certain actions in the legal sphere depends on the individual and the social system of legal values, the individual and society (social group) relation to them, legal status of the personality and the social role which is carried out by it. The classification of legal behaviour on the basis of an axiological approach assumes an allocation of the person which is active, ordinary and passive depending on degree of readiness to carry out the legal actions, being guided by the valuable orientations and installations determined by legal socialisation and the system of legal values of group with which the subject identifies themselves. At the same time, it is insignificant how these actions meet the standards of positive law. However, the legal behaviour often has situational character. In this case its contents are defined by the system of so-called individual person law. The behaviour of the person is the result of operation of the special mechanism consisting of consistently realised elements that connected among themselves not only cognitively but also functionally including legal requirement, legal interest, legal motive, legal orientation, legal installation, legal decision, and legal act. These elements consistently replace each other, providing an interrelation of legal behaviour with legal awareness. The role of the state in formation of the person’s legal behaviour, though is very considerable, but it is not defining. In the process of legal socialisation the cognitive elements of the mechanism of legal behavior determined by legal tradition in combination with social and individual legal experience are formed. Discussion and Conclusion. The analysis of legal behaviour is aimed at expanding the value ideas of legal reality. This will allow a deeper look at legal development on a global scale.

Innovative Technologies of the Electoral Process in the Light of the Rule of Law

Introduction. In the electoral process, innovative technologies are legitimately and/or are de facto introduced. These are complex tools, the result of the integration of artificial intelligence, technology and human behaviour in elections. The article analyses the influence of these technologies on the electoral process from the standpoint of ensuring the rule of law. Theoretical Basis. Methods. In a State governed by the rule of law, the rule of law should fully apply to all stages of the electoral process. The paradigm (sample) of traditional approaches assumes direct physical commission of electoral actions by citizens, political parties, and other election participants, based on the presumption: “here and now”. The introduction of innovative technologies in the electoral process entails not only a change in forms, but also, as the quantitative growth increases, a change in the paradigm of the electoral process from traditional to digital, but at the same time the rule of law must be maintained. Results. The analysis of the functioning of innovative technologies shows their multi- vector and contradictory impact on the electoral process: from creating convenience for participants to complicating the structure, replacing electoral actions with transactions. Currently, there is no understanding of the legal significance of transactions in the electoral process, their relationship to electoral actions. The practice of Russian elections follows the path of changing the electoral process not by law, but by technical solutions that are a priori considered legitimate or do not allow their assessment from the position of the rule of law. As a result, the rule of electoral law is either ignored or is simply purely formal. The well-known principles of electoral law exist as if in parallel, without having a real impact on the introduction and regulation of innovative technologies of the electoral process. It is necessary to include innovative technologies in the subject of electoral law. A serious contribution to the solution of this problem would be the legislative consolidation of the principle of security of the electoral process. In this case, we are not talking about security in relation to public order. The content of the new principle should be a broad set of obligations of the state as an organiser of elections, including the obligation to fully verify these technologies, their transparency, new rights and guarantees of election participants, and public control. Discussion and Conclusion. The predominant use of innovative technologies aimed at providing voting services does not always have a positive impact on the integrity of the electoral process and the operation of the principles of electoral law. It is advisable to take care of the introduction and use of innovative technologies to serve them at all stages of the electoral process with unconditional guarantees of the rule of law.

Methodological Pluralism of Legal Thinking: Problems of Theory and Philosophy of Law

Introduction. Currently, in theoretical and legal science, discussions continue about the un- derstanding of the content and the methodology of the knowledge of law. This article shows the theoretical approaches to the study of law in different historical periods. Law is analysed from the point of view of formal dogmatic jurisprudence, sociological direction in law, and the theory of natural law in both their historical and theoretical aspects. Theoretical Basis. Methods. The purpose of this work is to study the content of law as a sociocultural phenomenon. To achieve this, the following tasks are examined: the analy- sis of law as the most important social regulator of human activity is undertaken – which shows the right as a part of spiritual life. Further, the main legal schools and trends in law are analysed. In the course of the study, the following methods were used: analysis and synthesis, a her- meneutic, and a comparative approach. Results. As a result of the study, the author came to the following conclusions: 1) the plurality of methodological approaches to the study of the nature and purpose of law are due to the dialogical nature of theoretical and legal sciences (philosophy of law, theory of state and law, history of political and legal doctrines, and the sociology of law); 2) the basis of the methodological pluralism of legal thinking lies in the different content of law. This is where law is understood as an interest, as a freedom, as a social duty, as a morality, as an order of the authorities, as the discretion of a judge, as well as the degree of implementation of the legal phenomenon in the concrete historical conditions of society; 3) each doctrine of law and the state is a model for solving the legal issues of its time. This includes proposing and arguing for one or another option for maintaining public order. It is original and can (and should) be applied in specific socio-political conditions. Discussion and Conclusion. Each doctrine of law and the state is a model for solving legal issues of its time. Offering various options for resolving urgent political and legal issues, these theories can (and do) enter into conflicts with each other. Each of the legal concepts, offering and arguing for one or another option for maintaining public order, is original and can (and should) be used in specific socio-political conditions. At the doctrinal level, political and legal concepts are variants of alternative legal thinking, the validity and relevance of which is confirmed by the degree of demand at a particular historical stage of the develop- ment of society, law, and the state.

Essence and Specifics of the Magistrate’s Court and Conciliation Proceedings

Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.

The Unity of the Material and Procedural Elements of a Legal Entity

Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.

Forensic Linguistic Examination of a Documentary Text: Foreign Experience

Introduction. Forensic linguistic examination is, currently, an essential type of forensic anal- ysis. Herewith, forensic linguistic examination of a documentary text appears to be one of the most relevant and promising modern types of forensic linguistic examination. Theoretical Basis. Methods. Forensic linguistic examination of a documentary text in for- eign countries is not associated with language documentation, which means documenting languages, but with legal linguistic examination and legal language – the knowledge is re- quired to compile legal documents. The objective of selecting methods to conduct a foren- sic linguistic examination of a documentary text is, primarily, a search of a correlation (and differentiation) between language and law.. Results. Preparation of legal documents in English is provided according to a certain stan- dard that is called “plain language”. The object of a document’s forensic linguistic exam- ination is a text of such documents as contracts, agreements, notifications, interrogation protocols, etc. The need to conduct a forensic linguistic examination of a documentary text arises when it is required to explain and describe various linguistic wordings in the docu- ment that may be incomprehensible to the forensic examination initiator. The author has illustrated, by the example of the trial cases of such advanced Western countries as Great Britain and the United States, that forensic linguistic examination of a documentary text abroad has its own unique features. Discussion and Conclusion. An analysis of forensic best practice in the UK and the USA shows that plain language standards violation leads to a misunderstanding of the entire document meaning, which may entail certain legal consequences for one of the parties in- dicated in the document. Sometimes a replacement of wording in a document is carried out by criminals with the purpose of committing a crime. This is related to the fact that a male- factor deliberately counts on a misinterpretation of a document meaning by an ordinary cit- izen due to the lack of relevant special knowledge and training.

Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceedings. Society’s needs to improve the independence of judges, increase public confidence in the court, transparency and quality of justice led to the reform of the jury court in 2016 (Federal Law of 23 June 2016 N 190-FZ). As a result of the reform, the court with the participation of jurors began to function at the level of district courts, the jurisdiction of criminal cases for jurors was expanded, the number of jurors was reduced from 12 to 8 in regional courts and 6 in district courts. However, practice has shown that sentences handed down by a court on the basis of a verdict rendered by a jury are overturned by higher courts much more often than others due to committed violations, which are associated, among other things, with the inability to ensure the objectivity of jurors. In the context of a request for an independent court, Article 81 of the Criminal Procedure Code of the Russian Federation on the independence of judges (Federal Law of 2 July 2013 N 166-FZ) was adopted. 4. Reducing the degree of criminal repression. In the context of this trend, institutions have emerged in the criminal and criminal procedure laws that regulate new types of exemption from criminal liability. In 2011, Article 281 “Termination of criminal prosecution in connection with compensation for damage” was adopted, concerning a number of criminal cases on tax and other economic crimes (Federal Law of 7 December 2011 N 420). In 2016, the Criminal Procedure Code of the Russian Federation introduced rules on the termination of a criminal case or criminal prosecution in connection with the appointment of a criminal law measure in the form of a court fine (Federal Law of 3 July 2016 N 323-FZ). 5. Digitalisation of modern society. The rapid development of information technologies and their implementation in all spheres of public life has put on the agenda the question of adapting a rather archaic “paper” criminal process to the needs of today, and the possibilities of using modern information technologies in the process of criminal proceedings. Among the innovations in this area, it should be noted the appearance in the criminal procedure law of Article 1861 “Obtaining information about connections between subscribers and (or) subscriber devices” (Federal Law of 1 July 2010 N 143-FZ), Article 4741 “The procedure for using electronic documents in criminal proceedings” (Federal Law of 23 June 2016 N 220-FZ), the legal regulation of video-conferencing in criminal proceedings (Federal Law of 20 March 2011 N 39-FZ), and the introduction of audio recording of court sessions (Federal Law of 29 July 2018-FZ N 228-FZ), etс. Currently, the possibilities of further digitalisation of criminal proceedings, and the use of programs based on artificial intelligence in criminal proceedings, ets. are being actively discussed. Discussion and Conclusion. The main factors determining the vector of development of modern criminal justice should, in our opinion, include the impact of international standards in the field of criminal justice on Russian criminal justice; optimisation of procedural resources and the need to improve the efficiency of criminal justice, social demands for strengthening the independence of the court, adversarial criminal proceedings; the needs of society to reduce the degree of criminal repression, and digitalisation of modern society.