No 2 (2023)

The article analyzes the types of activities of the Higher Examination Commission for the qualification examination for the position of judge. Proposals on legal regulation of legal relations connected with the work of examination commissions of constituent entities of the Russian Federation for taking a qualifying examination for the position of judge have been developed.

The goal is set: on the basis of a scientifically based concept of integrative legal understanding, synthesizing ontologically homogeneous legal regulators – principles and norms of law, to highlight the features of the legal experiment. The analysis of the prevailing doctrinal ideas about the legal experiment was carried out, which made it possible to clarify its features and social purpose. In the course of the study, various methods of cognition of legal reality were used (dialectical-materialistic, general scientific and private scientific).

Consideration of the legal experiment as an effective method of cognition of the surrounding reality, a method of its transformation, allowed us to define the legal experiment as a unique type of legal activity, an integral part of the emanation of law, consisting of a number of stages, namely: definitive, law-creation, experimental implementation of the law and the final.

The diversity of legal experiments and the need for their classification is emphasized. It is proposed, in particular, to distinguish legal experiments by territorial, substantive and substantive criteria. Special attention is paid to digital legal experiments in the article. The destructiveness of the proposals made in science on the administration of justice by algorithms of IT platforms is proved.

The necessity of adopting a special Federal law “On Legal Experiments” as a legal act fixing all the essential conditions for conducting legal experiments, taking into account the dynamism of this phenomenon, is substantiated.

An actual trend in the development of the system of administrative and legal regulation is the expansion of the dispositive principle, a significant place in the structure of which is occupied by the institution of encouragement. The purpose of the article is to analyze the place of the institution of encouragement in the system of institutions of the general part of administrative law, carried out with the involvement of the resources of the integrative approach. In order to achieve the goal, as the objectives of the article, questions were resolved about the legal nature of incentive norms in the system of Russian legislation, the importance of incentive policy in the system of public administration as a way to strengthen official discipline. As a result, the definition of the legal institution of encouragement is proposed and its place in the structure of service law as a sub-branch of administrative law is determined.

The article considers the main issues of correlation between the written form of transactions and the so-called “electronic” form, as well as the moment of receipt of expression of will made electronically. The development of technology has led to a variety of ways to exchange information, including legally significant, which has led to the problem of qualifying such relationships and adapting the rules of regulation. In this regard, the issues of determining the moment of receipt of such messages and the issues of proving the delivery of messages have become more acute.

The objectives of the study are to determine the ratio of written and electronic forms of transactions, to analyze and systematize the rules on determining the time of sending electronic messages and find a balanced solution for adapting the existing regulation to the developing relations.

Achievement of the set objectives requires the solution of the following tasks: to reveal the essence and content of the electronic form of transactions; define the functions of the electronic form of transactions; investigate and compare the moments of sending electronic messages in different legal orders.

The methodological basis of the study are general scientific methods of knowledge: analysis, synthesis, induction, deduction, scientific abstraction, classification, analogy; dialectical, formal-logical methods, method of structural and functional analysis. The study is based on the principles of consistency; unity of theory and practice. Substantial attention during the research is paid to the comparative legal methodology. On all stated problems foreign experience is analyzed.

The paper concludes that the electronic method of information transmission does not constitute an independent kind of transactions form, but is a written form. In addition, the paper analyzes in detail international approaches to determining the moment of receipt of legally significant messages made in electronic form and indicates directions for the reform of Russian legislation.

Abstract. The prohibition of the waiver of claim in cassation and supervisory instances of arbitration court, introduced in 2010, has been mostly seen a negative reception in the procedural doctrine, because it is regarded as a groundless restriction of the principle of dispositiveness in these instances. Аnalysis of this prohibition only in relation to this principle, however, cannot lead to an objective assessment of the changed regulation. The purpose of the study is to comprehend this legislative innovation in the context of changes over the past three decades in the legal regulation of the waiver of claim in the CPC RF, as well as in a systemic relationship with other basic principles of arbitration proceedings. The study is based on an analysis of the approaches of judicial and arbitration practice in the period when the waiver of claim was allowed in the cassation and supervisory instances, identifying their significant features. The conclusions of the article are aimed at maximizing the compliance of legal regulation of waiver of claim in cassation and supervisory instances of arbitration court with the tasks of legal proceedings (article 2 of the CPC RF).

Formulation of the problem. The issues of environmental protection are classified as particularly significant in the international legal space. The current state of the environment rightfully causes concern to the international community. Climate problems, anthropogenic impact on the sphere of ecology are perceived as a threat to the existence of mankind. In this regard, the author considers it relevant to consider the legal mechanisms for ensuring international environmental security. In this article, the author poses the problem of studying the current state of international legal provision of environmental security at the regional level – in the European Union.

Goals and objectives of the study. The article is devoted to the study of common European law, including the latest case practice in the field of environmental safety.

Methods. The main trends in the environmental political and legal activities of the European Union are shown in the article. The author analyzes the system of legal protection of the environment in the European Union. general scientific and special methods for legal science underlie the methodology used. This is, first of all, a formal legal analysis, a comparative legal analysis.

Results. According to the author, the pan-European legal support of environmental security is formally developed. However, its provision is the scope of both regional supranational and national law.

Conclusions. The results of the study give grounds to believe that in the pan-European provision of environmental security, a trend towards strengthening supranational regulation is becoming apparent. At the same time, the leading role in the judicial protection of rights in the field of environmental safety remains with the EU states.

The review examines the procedure of the courts when considering administrative cases arising in the course of centralized control and supervisory activities of the public administration in cases of violations of mandatory requirements; analyzes the practice of courts in various regions of the Russian Federation. The paper examines various types of judicial proceedings in this category of cases, examines the competence of courts of general jurisdiction and arbitration courts, focuses on administrative cases on the cancellation of licenses, on enforcement of orders to eliminate violations of mandatory requirements, on the suspension or liquidation of public associations.

Conditional early release from serving a sentence is the traditional and most common type of release from punishment, embodying the ideas of humanism and economy of criminal repression and allowing for a balance between the principles of legality and equality of citizens before the law, on the one hand, and the principle of justice and individualization of criminal responsibility, on the other.

Due to the importance of this institution, the Plenum of the Supreme Court of the Russian Federation notes that in the practice of courts there should be no cases of unjustified refusal of conditional early release from serving a sentence of convicts who do not need to fully serve the sentence imposed by the court, and unjustified release from serving a sentence.

Despite the fact that many issues that arise in courts when applying the rules on parole from punishment are resolved in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 21 April 2009 No. 8 “On Judicial Practice of conditional early release from serving a sentence, replacement of the unserved part of the sentence with a milder type of punishment”, as well as in the Review of Judicial Practice of conditional early release from serving a sentence (approved by the Presidium of the Supreme Court of the Russian Federation on 29.04.2014), nevertheless, as the monitoring of current judicial practice shows, some provisions still cause difficulties in application.

The proposed publication, based on the analysis of the legal positions of the Supreme Court of the Russian Federation, sets out specific recommendations for addressing the most pressing issues of the application of parole from serving a sentence, and also assesses the degree of their implementation in judicial practice to ensure its unity.

The grounds for the issuance of a private ruling (resolution) by the court are not clearly regulated in the Criminal procedure law, which often leads to their unjustified pronouncements and cancellations by courts of higher instances. The purpose of the article is to specify the grounds for the issuance of private court rulings.

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, historical-legal, comparative-legal, concrete-sociological).

Research results and conclusions. A private court ruling must meet the requirements of legality, reasonableness and motivation. A private ruling against a lower court may be issued if it has committed such violations of the law that have restricted the rights of participants in criminal proceedings, violated the procedure of judicial proceedings and could affect the issuance of a lawful and reasonable judicial decision; violations are committed due to non-performance or improper performance by the court of its duties due to unfair or negligent attitude; violations are not related to the court’s assessment of the actual circumstances of the case, guilt, sentencing, which is carried out in accordance with internal conviction and motivated in the decision. The discrepancy of the position of the courts of different levels is not the basis for making a private determination in the absence of obvious significant violations of the law.