S. Freud. Aggression: between Eros and Thanatos

The article deals with the concept of aggression S. Freud. Aggression is shown as a biological phenomenon interacting with culture. According to Freud, biological phenomena (including human life) are permeated by two aspirations: the instinct of life and the instinct of death. The purpose of life is death, and life itself is a special case of inanimate matter. Aggression is a manifestation of the death instinct. Since the culture designed to restrain individual and mass aggression is itself permeated with both instincts (Eros and Thanatos), the outcome of the struggle between them is unknown.

Philosophical and scientific foundations of a realistic approach to understanding and cognition of truth in various fields of cognitive activity, including in criminal proceedings

Continuing to explore the philosophical, moral-psychological, socio-psychological, legal-psychological and rhetorical problems of criminal proceedings, the author, using the methodology of system analysis in order to formulate and substantiate the problem within the framework of this article, identifies the main directions of the philosophical and scientific foundations of a realistic approach to understanding and cognition of the truth, including in criminal proceedings. The article analyzes the significance of the classical (correspondent) theory of truth as the initial epistemological basis of a realistic approach to understanding and cognition of truth in any sphere of cognitive activity, including in realistic epistemology, lawmaking, theory and practice of criminal proceedings. The author notes that the idea of truth as an integral part of the worldview of legislators, scientists and practicing lawyers is constructively used in the construction of a legally correct and fair preliminary investigation and trial in the Russian Federation, corresponding to the ideals of a democratic rule of law and standards of modern International Law, only when the court and participants in criminal proceedings on the part of the prosecution profess a non-relativistic, and a realistic approach to understanding and cognition of truth in the spirit of the correspondent (classical) theory of truth, the provisions of which in a dialectically “removed”, developed form are an integral part of realistic epistemology, including the dialectical-materialistic concept of cognition.

Criminal law measures to combat provocation of crimes and falsification of criminals

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

The Prosecutor’s Office and the Rule of Law during the Civil War (The end)

The article is devoted to the transformations of the Prosecutor’s Office during the Civil War of 1917 - 1922. The Prosecutor’s Office in the form in which it was under the tsarist regime and the Provisional Government actually ceased to exist. The article highlights the principles of work and the structure of the provisional authorities and management that replaced the Prosecutor's Office of the tsarist time.

Another Mind and law

In the article, in order to expand the horizons of legal science, the problems of future legal regulation with Another Mind, its subjects are considered. According to the author, based on the premise that the Universe is boundless both in space and in time, and “everything can be” in it, in a monochronological projection, where time moves from the past through the present to the future, subjects of Another Mind are both of earthly origin, and alien, alien, alien, galactic, etc. origin, having a carbon basis, as well as subjects of a different basis - silicon, radiant, plasmoid, etc., represent, when entering into appropriate relations with them, a legal component that can be considered a metapravo. And in the multichronological projection, where time is parallel, perpendicular, diagonal, as well as faster and slower – in the widest ranges – compared to ours, etc., relations with Another Mind are unimaginably more complicated, and their legal component will already be a megapravo.

Special legal regime of natural resources - the basis of Natural Resource Law

The article explores the special legal regime of natural resources. The position is evaluated of the Constitutional Court of the Russian Federation also and the provisions of the General theory of law on a special legal regime are considered. Analyzed the special legal regime of natural resources. Nature is investigated as an exceptional value for society and, accordingly, the object of a special legal regime.

Some legal issues of medical privacy in psychiatric practice

The article discusses a number of issues associated with medical privacy in psychiatry, including forensic psychiatric evaluation. Current Law of the Russian Federation “On Psychiatric Care and Guarantees of Citizens’ Rights in Its Provision” requires taking into account the mental state of a person with a mental disorder when informing him about his mental health condition. However this rule misses new realities of digital health and is not included into the legislation on protection of citizens’ health. It is hardly possible to realize in practice and it needs an additional and established by law mechanism of access to medical records, considering specific properties of psychiatric patients. Problems also arise with a mentally disordered person's access to his forensic psychiatric medical record. On the one hand, the report of forensic psychiatric evaluation is an evidence in the court case, and the procedure for its disclosure is regulated by procedural legislation and legislation on state forensic expert activities. On the other hand, the Constitutional Court of the Russian Federation considers such a report as a medical document, for which the rules of legislation on protection of citizens’ health apply. In this paper the authors propose the solution to this dilemma that requires corrections in the position of the Constitutional Court of the Russian Federation. The authors analyze the history of legislation on medical privacy and draw attention to obvious long-term trend that shows in continuing expansion of the range of persons who have right to access such information without consent of the citizen concerned. The authors conclude that medical privacy is gradually losing the nature of the right guaranteed by federal law. Especially worrying are the attempts of a number of state bodies and officials to obtain information about mental health of unspecified groups of people. Too many third parties already have access to medical information for various reasons, and the number is growing with introduction of digital health information systems. The authors come to conclusion that such a development can lead to serious negative consequences for the legally guaranteed rights of citizens and stress the importance of special attention to protection of medical information, including measures against unlawful access and possible leaks.