SOME QUESTIONS ABOUT CHILD ADOPTION

Adoption is the preferred form of placement of a child without parental care in a family. The advantage of this form of placement is its permanent nature. In addition, the legal rela-tionship arising between the adoptive parent and his or her ancestors and the adopted child and his or her descendants is equivalent to a parental relationship. Like parental legal relation-ships, the legal relationship between adoptive parents and adoptees is presumed to be perpetual. Unlike other entities raising a child without parental care, adoptive parents may give the adopted child a new name and change the date and place of birth. The legal composition giving rise to a family legal relationship between the adoptive parent and his or her ancestors and the adopted child and his or her descendants is the consent of a number of persons. An enforceable court order for the adoption of a child is a confirming legal fact. It con-firms that the consent of all persons and authorities has been obtained and the child has been placed in the adoptive family. The question arises regarding the consent of the child's parents to his adoption. The con-sent to the adoption is equal to their renunciation of the child, which does not contradict the Convention on the Rights of the Child. Nevertheless, the rules of the Family Code on adop-tion should not initiate a parent's renunciation of his/her child. A child has the right to live and be brought up in his or her own family and to know his or her parents. If a parent relinquishes his or her child, the parental rights should first be removed and then the child should be put up for adoption without his or her consent. The current legal provisions on adoption have other inaccuracies, which are discussed in this article.

ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION IN THE CONTEXT OF THE LEGAL STATUS OF ELECTORAL COMMISSIONS

The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.

THE TYPES OF BIOLOGICAL DATABASES (BIOBANKS)

In the world, it is customary to create biological databases of different species. And initially, the databases for the investigation of crimes were widespread. However, later, when their potential and benefits, including for medicine, were assessed, the databases for other areas appeared. Russia was no exception in this regard. Although, in our country, unlike foreign states, the activities of biological databases based on purposes other than the disclosure of crimes are practically not regulated in any way. This article deals with the analysis of legal regulation of biobanks in the Russian Federation and abroad. Special attention is paid to the classification of biobanks. The purpose of the study is to determine the feasibility in the legislative regulation of their activities, as well as the patterns in such a regulation. To achieve this goal, the authors studied extensive regulatory material, which included EU directives and national regulations of the EU member states. The methodological basis of the study was the general scientific and private scientific meth-ods of research. Of course, such private scientific research methods as the comparative-legal method and the formal legal method have been widely used. Due to the comparative legal analysis, it is established that the EU countries have a high level of legislative activity in terms of determining the legal regime of biological databases. All countries recognize the specifics of such a legal regime, which can largely be explained by a special legal nature of biological samples and biological data. In this regard, the following issues related to the activities of biological databases are reflected everywhere in the EU countries at the level of law: the procedure for their creation; the procedure for receiving, processing, storing and transmitting biological samples and the data obtained on their basis; the rights and obligations of database creators and persons who have provided their biological samples and biological data about themselves; a set of measures aimed at protecting the rights and interests of donors and third parties, etc. As it seems, a similar approach to the regulation of the activities of biological bases estab-lished not for the investigation of crimes should be implemented by Russia. At the same time, special attention should be paid to the research of biological databases. In the Russian Federa-tion, they are created, as a rule, at the local level. Their main drawback is that they are sepa-rate sources of limited biological information, functioning independently of each other while comprehensive (concentrated in one place) information can bring invaluable benefits and advantages for Russian science and medicine as a whole. However, this requires the estab-lishment of an appropriate legal framework.

SHORTENED TIMELINE OF APPEAL AGAINST INTERIM COURT DECISIONS MADE AT A PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

PUNISHMENT FOR SLANDER

Federal Law No. 538-FZ of 30 December 2020 substantially tightened the sanctions of the libel article, which previously contained only fines and compulsory labour, by including com-pulsory labour, arrest and imprisonment in most of them. The explanatory memorandum to the bill explained the changes by the need to provide the court with the choice of fair punish-ment, without specifying this provision in detail. As part of the research described in the article, statistics for the Russian Federation for 2013-2020 were taken from the reports of the Judicial Department of the Supreme Court of the Russian Federation to study the practice of punishment for defamation. The analysis showed that law enforcers used the potential of sanctions of Article 128-1 of the Criminal Code in their previous edition to a very limited extent. This was reflected in the high share of fines among penalties imposed, as well as in insignificant amounts of fines even for qualified and especially qualified types of libel, despite the fact that sanctions provide for high maxi-mum fine limits - from RUB 500,000 in part 1 of Article 128-1 of the Criminal Code to RUB 5 million in part 5. In particular, the share of fine among penalties imposed for simple libel was over 85%, and the average fine was equal in 2018 to RUB 11,500. - 11.5 thousand roubles, in 2019 - 13.7 thousand roubles, in 2020. - 16.3 thousand roubles. In 2018, the average fine for public libel (part 2, article 128-1 of the Criminal Code) was 19,500 rubles; in 2020 - 23,100 rubles. - The sanction allowed for a fine of up to 1 million roubles, while the sanction allowed for a fine of up to 1 million roubles. Moreover, over a quarter of those convicted for especially qualified defamation under part 5 of article 128-1 of the Criminal Code were sentenced to a fine of 5,000 rubles, i.e., one thousand times less than the maximum limit established by the sanction. Only in single cases of slander convictions, the fine exceeded 100 thousand rubles. The establishment of custodial sentences for qualified and especially qualified types of defamation seems excessive: a verbal crime against a person's honour and dignity does not require such a harsh criminal legal response. Moreover, the legislator has designed sanctions with too broad a framework, fraught with the risk of arbitrariness in sentencing and the for-mation of contradictory judicial practice (for example, under part 5 of article 128-1 of the RF Criminal Code, both a fine of 5 thousand rubles, and imprisonment for the period of 5 years can be imposed). The inclusion of arrest in the sanction cannot be considered justified, as this type of punishment has not been introduced yet. The optimum way to improve the sanctions for the part 2 to 5 parts of Article 128-1 of the Criminal Code of the RF would be to enhance them with correctional labour and restriction of freedom. These types of punishments corre-spond to the typical level of public danger of qualified and especially qualified types of slan-der and perpetrators of such deeds. Their inclusion in the sanctions would compensate for the disadvantages of the latter, related to the restrictions enshrined in the law on imposing com-pulsory works and large fines.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

THE PROBLEM OF THE RELATIONSHIP BETWEEN LOCAL LAW AND CORPORATE LAW

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

SOCIAL WELFARE OF MIGRANT WORKERS IN THE EU: COMPARATIVE MODELS IN THE CONTEXT OF THE LEGAL INTEGRATION SYSTEM OF THE EAEU STATES

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.