Methods, principles and presumptions of constitutional and conflict diagnostics

The article examines the main elements of constitutional and conflict diagnostics, which is a system of consistently applied methods, legal principles and presumptions, aimed at obtaining information about the causes, content, consequences and methods of preventing and resolving a constitutional conflict. Constitutional and conflict diagnostics is theoretically justified by the author as a new method of the science of constitutional law, which allows lawyers to study constitutional conflicts and constitutional norms of the conflictological type. The use of constitutional and conflict diagnostics will allow to establish and investigate the causal relationship between the formation of law, its normative expression and subsequent law enforcement, which will reflect the constitutional conflict. The author believes that the following methods are used in the course of diagnosing a constitutional conflict: dialectical, systematic, historical, statistical, methods of formal logic, formal-legal method, method of legal modeling, and other methods. The author also proposes to consider as the principles of such diagnostics: the principle of taking into account the specific historical situation, dialectical unity, systematic study of the conflict and the principle of the rule of law. The author suggests considering the following presuppositions used in the course of constitutional and conflict diagnostics: the presumption of the inevitability of constitutional conflicts, the presumption of the solvability of constitutional conflicts, and the presumption of the prevention of conflicts.

Problem of election validity in remote electronic voting

The article analyzes the features and problems of using the institution of remote voting in the electoral process in general and the problem of invalidation of elections associated with the use of this institution, in particular. The article reveals the features of the implementation of the remote electronic voting procedure in practice, and also reveals such problems associated with the use of software as the presence of gaps in modern legislation in terms of regulating the invalidity of the described elections, uncertainty in matters of violations in this area of electoral law. The article concludes about the shortcomings of the existing legal regulation and identifies possible solutions to the identified problems.

On the issue of evidence and proof in criminal proceedings

The article deals with the concept and essence of evidence in criminal cases. The correlation between the concepts of any information and actual data is analyzed in order to define the concept of evidence in criminal cases. The purpose of using evidence in criminal cases is justified. The article concludes that it is necessary to substantiate any procedural decisions with relevant, acceptable and reliable evidence.

Transformation of legal regulation of public relations in the context of the pandemic

The article examines the problems of legal regulation of the activities of legal entities and relations. The main characteristics of legal regulation, such as the subject, method, methods and types of legal regulation, are analyzed. Currently, in the context of the COVID-19 pandemic, the legal regulation of public relations is undergoing serious transformational changes. A significant change in the subject of legal regulation, due to the creation of a situation of serious threat to public health, forced the legislator to introduce restrictions on the fundamental rights and freedoms of legal entities, as well as to the preferential use of prohibitions and positive obligations as ways to regulate public relations. In this regard, the permissive type of legal regulation of public relations begins to dominate, which is based on the principle of everything is prohibited, except what is directly permitted by law. The above clearly indicates a clear transformation of legal regulation.

Human rights activities: legal and moral aspects

The article considers human rights activities as a phenomenon that constitutes an integral part of the legal society. It identifies problems of a theoretical and practical nature associated with difficulties in this area, caused by both the COVID-19 pandemic and other reasons. An attempt has been made to assess the legal and moral and ethical aspects of such a necessary activity at the present stage of the development of public relations, attention is paid to the position of international bodies regarding human rights activities, its goals and objectives. The importance and relevance of the topic is explained by the fact that, in the opinion of human rights defenders themselves, the entire system of human rights protection, created after one of the most terrible periods in modern world history, is going through a crisis at this historical stage, which is increasingly aggravated under the influence of numerous problems of political and economic nature. Military conflicts, migration, a pandemic clearly demonstrate the obvious need to address the issue of the essence of human rights activities, including its moral and ethical component.

Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

Specifics of the prosecutor’s participation in proceedings for considering applications for the return of a child (on the exercise of access rights to him) on the basis of the 1980 Convention on the Civil Aspects of International Abduction of Children

This article examines the problem of the exercise of parental rights (guardianship rights) in relation to a minor. At present, there are quite numerous disputes between parents, other persons entitled to rights in relation to minors, about the place of residence of the child and about with whom he will live. Controversial issues are resolved both out of court proceedings and in court. The Code of Civil Procedure of the Russian Federation establishes the powers of the prosecutor to apply to the court in cases of this category and to intervene to give an opinion.The purpose of the article is to present the results of a study of the peculiarities of the participation of a prosecutor in court proceedings in cases of the return of a child (on the exercise of access rights in relation to him). The tasks were to generalize judicial practice, identify violations in the consideration of cases by the courts, establish the specifics of the participation of the prosecutor in the proceedings in cases of this category. The author analyzes the issues of the prosecutors competence at the pre-trial stage of resolving disputes and the measures that he has the right to initiate in defense of the violated rights of the parent (another person who applied to the prosecutors office) in the administrative and judicial order. In connection with the consolidation in the Code of Civil Procedure of the Russian Federation, the right of the prosecutor to initiate proceedings in a court of general jurisdiction in cases of the considered category, attention is paid to the issues of determining jurisdiction and the subject of proof, the time frame for going to court, the time period for the proceedings, the time period for challenging the court decision. The emphasis is also placed on the implementation of the right of the prosecutor to intervene in the case to give an opinion. On the basis of the provisions of the 1980 Hague Convention, the results of practice, the generalization of the reasons for the cancellation of the decisions of the courts, the conclusions on the most significant aspects that need to be paid attention are substantiated. It is concluded that the judicial practice of considering cases of this category is being formed and is currently not free from violations of the requirements of the law. Attention is drawn to the conclusions of the Supreme Court of the Russian Federation based on the materials of the generalization of practice.

Prosecutor’s supervision in the field of transport security

The article analyzes the issues of prosecutors supervision in the field of transport security from the standpoint of an integrated approach. The material was prepared in the wake of the All-Russian research and practical conference held on May 14, 2021, dedicated to the 300th anniversary of the Russian prosecutors office. Transport security as a subject of prosecutors supervision covers a variety of areas of relations related to administrative, criminal, civil and procedural branches of law. Railway, water and air communication is subject not only to special socio-economic laws, but also requires special legal regimes dictated by the significant remoteness and dynamics of the subjects under supervision, the increased risk of harm to legally protected relations, the need for constant and uninterrupted functioning of transport facilities, the importance of the transport segment for the entire economic life of the country. All this determines the need for very prompt and at the same time balanced supervisory decisions, which is possible due to the close cooperation of science and practice.

Special legislative procedure in EU law: areas of regulation and specifics of interinstitutional cooperation

The article is devoted to the issue of cooperation between the institutions of the European Union in the process of adopting legal acts within the framework of a special legislative procedure. Authors analyzed the scope of application of special legislative procedure and ordinary legislative procedure in the EU. It was revealed that the adoption of acts in accordance with one or another type of legislative procedure reflects the dual nature of the European Union, which contains both supranational and interstate principles of legal regulation of various spheres of public relations. The main types of special legislative procedure (consultation, approval) are considered, within the framework of which, in practice, there is intense inter-institutional interaction in the process of developing the final text of the draft act, including through informal consultations and other procedures not directly enshrined in the EU primary law. Although the Council continues to dominate in most cases of the use of special legislative procedure, Parliament nevertheless has relatively wide opportunities to influence the position of the Council. De facto, the expansion of the Parliaments powers within the framework of a special legislative procedure is facilitated by both the position of the EU Court, expressed in a number of decisions on specific cases, and the increased degree of Parliaments influence on the activities of the Commission (which, as a general rule, has the right to initiate legislation), enshrined in the provisions of the constituent agreements.

Peculiarities of consideration of domestic violence cases by a jury: problems and perspectives

The article analyzes the question of the optimal composition of the court for resolving domestic violence cases as a means to ensure more effective protection of victims of family violence and an appropriate legal response to this phenomenon. Special attention is paid to the peculiarities of consideration of such cases by the jury. The author attempts to observe the advantages and disadvantages of this type of legal proceedings in domestic violence cases, taking into account the peculiarities of the procedural form itself, as well as the substantive legal characteristics of crimes committed in the domestic context. The analysis was conducted through the prism of the criteria of the courts impartiality, the specifics of evidentiary process and of the judicial review of the final judgments rendered in such cases. As a result, it was concluded that, although the features of the procedural form in question impose certain restrictions on the participants in criminal proceedings, the consideration of domestic violence cases by a jury, as an alternative to a professional judge, has undoubted advantages and prospects for its more common use.