No 12 (2025)

 The author substantiates the position that the text of a normative legal act is a logos, i. e. the source material for disclosing the meaning of legal norms, understanding the essence and finding the law in the process of resolving a specific case through the principles and methods of hermeneutics. In this context, some modern concepts of the hermeneutic approach to understanding law, legal language, its features and composition, the significance of the language of a legal text in science, lawmaking and law enforcement practice are analyzed.

This article uses general scientific methods: analysis, synthesis, systematization. In addition, the author’s judgments were based on the formal-dogmatic and hermeneutic method of scientific analysis.

The author of the article came to the conclusion that the text of a normative legal act is the logos of law, in the speech acts of which the thought corresponding to its essence and purpose is expressed.

 Legal regulation of the procedural order of resolution of administrative-legal disputes in the Republic of Belarus is of an interdisciplinary nature. This is due to the fact that at the present stage the judicial order of their resolution is regulated by the norms of civil procedural law, while the extra-judicial one is regulated by the norms of administrative law. At the same time, the basis for both judicial and extra-judicial (administrative) procedures for resolving the legal disputes under consideration is a legal fact enshrined in the norms of substantive administrative law, which gives rise to the need for theoretical study and practical regulatory adjustment of the relevant inter-sectoral relationships. The problem, among other things, lies in the insufficient theoretical scientific development of the specifics of the basis of both an administrative claim and an administrative complaint, their inter-branch relationships, which in turn gives rise to problems of both law-making and law enforcement, especially within the framework of the extra-judicial (administrative) procedure for resolving administrative-legal disputes.

The purpose of this article is to establish the features of the basis of an administrative claim and an administrative complaint, their inter-branch relationships, to develop the author’s theoretical provisions that are important for the development of Belarusian legal science, as well as proposals aimed at improving the national legislation regulating the procedural procedure for resolving administrative-legal disputes.

When writing the article, general scientific methods of analysis, synthesis, induction, deduction, analogy and modeling were used, as well as such a method of legal science as the method of comparative legal analysis.

As a result of the analysis, the article formulates the author’s theoretical definitions of the material legal fact underlying the procedural legal facts that give rise to legal relations in the sphere of resolving admi­nistrative-legal disputes, the basis of an administrative complaint, practical recommendations for improving the Belarusian legislation regulating procedural legal relations that develop within the framework of resolving administrative-legal disputes.

 The article examines the grounds and forms of participation of the prosecutor in modern civil proceedings. The legal uncertainty in the issue of his procedural rights and obligations is demonstrated. A criterion for determining the legal status of the prosecutor in civil and arbitration proceedings, the conditions for the implementation of his administrative rights are proposed. The need to expand the functions of the prosecutor’s office in the sphere of administration of justice in civil cases is proved.

 In Russia, the institution of subordination of claims of affiliated creditors has been formed and is developing due to judicial practice. In 2020, a Review of judicial practice in resolving disputes related to the establishment of requirements of controlling debtors and affiliated persons in bankruptcy proceedings was approved, which the main approaches to subordination were formed. However, even after the approval of this Review, judicial practice continues to evolve, which requires its own scientific understanding to ensure the unity of law enforcement and create the basis for further legislative reform.

The purpose of the study is to develop a scientific approach to assessing the evolution and further development of judicial practice on the problems of subordination of claims of affiliated creditors.

When writing this article, general scientific methods (system, functional, group of logical methods) and special legal methods (formal legal, legal modeling method) were applied.

The article concludes that the institution of subordination in the absence of special legislation is formed through judicial practice, since the court interprets and applies not only the norms, but also the principles of law included in the general system of forms of law and having priority over the norms. It is noted that Russia is characterized by a soft subordination model that considers not only the affiliation and the existence of a debtor’s property crisis, but also the conditions and objectives of financing. In this regard, the main vectors of judicial practice development have been studied to clarify certain concepts (affiliation, property crisis), as well as the subordination of individual claims of affiliated creditors (claims of collateral creditors, claims subordinated on contractual terms, claims for current payments, creditors’ claims in case of bankruptcy of individuals).

 The term “deprivation of liberty” in criminal proceedings has an autonomous meaning, the content of which is reduced to the impossibility of freely moving in space, leaving residential premises, changing their location at their own discretion. The purpose of the article is to identify the types of deprivation of liberty in criminal proceedings, their purposes and grounds for application.

The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formally legal, comparative legal).

Types of deprivation of liberty in criminal proceedings are: detention; detention; house arrest; placement in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting, for forensic examination; temporary placement in a medical organization providing psychiatric care in an inpatient setting, if available mental disorder; detention of a convicted person who is evading serving his sentence; the detention, detention and house arrest of a person against whom an extradition request has been received from a foreign state.

The deprivation of liberty in criminal proceedings has its purpose – to ensure the proper regime of criminal proceedings, and the corresponding tasks: to exclude the possibility of the suspect and the accused to escape from the investigation and the court, to continue criminal activities, to obstruct criminal proceedings; to determine the state of mental health of the prosecuted person; to provide psychiatric assistance to a suspect and accused placed in a psychiatric hospital for medical reasons, if a preventive measure in the form of detention has not been chosen against him; to ensure the execution of the sentence; to ensure the extradition of the requested person upon request from a foreign state.

 The article examines the importance of principles of law in individual legal regulation, the degree of their “participation” in judicial practice. This directly determines to what extent law is and remains law in its original sense of being an equal measure for all. In the implementation of this function of law, the main role belongs to the courts. The fundamental principles of law are expressed in the general principles of law and in international law, which also enshrines universal human values, generally recognized principles and norms, human rights, and, above all, natural rights. Being an integral part of the legal system of Russia, the principles of international law equally ensure the possibility of making judicial decisions within the framework of the legislation, interpreted and applied through the prism of principles. The article attempts to assess whether the courts are ready and inclined to take their decisions not only on the “letter of the law”, but also on the principles of law, its initial basics. The analysis of the problem under study is based on a significant array of decisions of the highest judicial authorities for a relatively new period of time.

The study concludes that courts are quite willing and frequent in referring to principles of law, but are quite cautious, if not wary, in moving away from the “letter of the law” (positive law) in favor of principles. It is shown that the latter are sometimes used to justify unlawful decisions for the sake of political expediency, and that references to principles may not ensure the legality of decisions due to their contradictory interpretation by different judicial instances in one case.