No 9 (2024)

In the prism of a specific act of law enforcement, an urgent problem of systemic relations between norms and principles of various branches of law that are outside the traditional institution of bluntness has been identified.

The theses were substantiated that the application of the rule of law should be based on a systematic approach to the entire legal space, that compliance or enforcement of a prescription within one branch of law should not be a tort-forming factor in another branch of law, the norms of one branch of law objectively cannot prohibit what is permitted by the norms of another branch of law; if this is the case, then this indicates a systemic problem of the legal space. And this question is addressed not so much to the legislator as to the law enforcement officer, the answer to it is in the plane of professional legal understanding.

Only the formation of a systematic approach to the application not of a single rule of law, but of normative legal prescriptions in a system of corresponding links with the provisions of other norms of various branches of law can serve as a guarantee of proper law enforcement.

The impartiality of judges, as the basic principle of the judicial system, is subject to reassessment by society, taking into account information disseminated on the Internet and social networks.

The purpose of the study is to consider the impact of digital technologies and informatization of society on the professional dignity and impartiality of judges. The tasks of assessing various approaches to the legal regulation of limiting the ability of court employees to lay out information on issues affecting the assessment of the circumstances of resolved disputes are being solved.

The possibilities of using the experience of other countries in the formation of prohibitions on the administration of justice by judges who published materials on the Internet that affect the implementation of the principle of impartiality are analyzed. Taking into account the experience of other countries, Russia needs to formulate its own approach to the behavior of judges in the information space. Social networks can be used by members of the judiciary to share and receive information. The dissemination of data discrediting professional dignity, as well as calling into question the impartiality of a judge, is unacceptable.

The evolutionary development of the entire judicial system is directly related to the introduction of modern artificial intelligence systems. The purpose of this study is to study and analyze the impact of artificial intelligence on the effectiveness of the entire judicial system and judges in particular. To achieve this goal, it is necessary, firstly, to consider the nature of artificial intelligence, its advantages in the administration of justice, secondly, to analyze the potential risks arising from the use of artificial intelligence, and thirdly, to reveal and analyze the impact of artificial intelligence technologies through the prism of criteria for the effectiveness of courts.

The methodological basis of this research is dialectical, systemic, functional, formal and legal methods.

The conducted research made it possible to come to the conclusion that modern artificial intelligence systems are able to seriously optimize the work of the entire judicial system, prevent possible judicial errors and corruption manifestations, shorten the time of consideration of cases, which will undoubtedly increase the efficiency of the entire judicial system. However, there are also negative impacts that must necessarily be eliminated or minimized, with the help of careful study of the mandatory technological requirements used in the creation and further functioning of all artificial intelligence systems.

The article is devoted to the discussion of approaches to addressing the issue of the admissibility of using evidence in administrative liability cases for non-compliance with the orders of control (supervisory) authorities in the courts of general jurisdiction, which have procedural irregularities.

Based on the analysis of theoretical provisions, current legislation regulating relations in the field of control (supervisory) proceedings, and judicial practice materials, the author substantiates the necessity of applying a differentiated approach to assessing the admissibility of evidence in this category of cases. Conclusions are drawn regarding the need for classifying law violations by an official of the control (supervisory) authority when receiving evidence as substantial and insubstantial, remediable and irremediable, and recommendations for improving legislation in this area have been formulated.

The article discusses the issues of regulating remote labor relations. An analysis of the level of use at the current stage of development of society and labor of such a special type of labor relationship as a remote labor relationship and an analysis of the attitude of employees and employers to remote work was carried out. The application of the rules governing remote legal relations and changes in legislation, including those relating to the dismissal of a remote worker at the initiative of the employer, the transfer of an employee to remote work and the return from such work are analyzed. The various points of view of scientists in the field of labor law on issues directly related to distance labor legislation and the doctrine of distance labor relations were studied and conclusions were drawn. A legal assessment is given of the actions of employers who consider remote work a privilege and use remote work as a measure of coercion against workers. The positions of various courts are considered on the application of norms governing the issues of remote labor relations. Proposals were formulated to consolidate the inadmissibility of using remote work as a measure of influence on workers, both theoretical and specific proposals were formulated to change labor and administrative legislation, and it was proposed to consider the possibility of preparing the necessary clarifications by the responsible authorities on the issues discussed in the article.

The article analyzes the concept of administrative proceedings, by which the author understands not only the resolution of certain categories of cases according to the rules of the Code of Administrative Proceedings of the Russian Federation, but also the activities of arbitration courts in considering and resolving cases arising from administrative and other public legal relations.

The common nature of these types of cases predetermines the need for uniform procedural features of their resolution. For example, the question of the possibility of concluding a settlement agreement in public law disputes is debatable. Based on the norms of the current substantive and procedural legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation and established judicial practice, the impossibility of concluding a settlement agreement (reconciliation agreement) by the parties to an administrative or other public law conflict is argued. At the same time, the possibility of reconciliation of participants in controversial private law relations, one of which is a public legal entity, is indicated.

Problem statement. Insufficient attention is paid to the problems of historical interpretation of the criminal law in the scientific literature. At the same time, the issues arising here of the grounds, sources, limits, forms of application and the meaning of the results of interpretation in their entirety constitute a significant component of criminal law theory, the improvement of which seems necessary in the interests of the development of both the science itself and the practice of applying criminal law.

Aims and objectives of the research. The purpose of the work is to develop the theory of historical interpretation of the criminal law by clarifying ideas about its purpose, grounds, sources and limits.

Methods. The work is based primarily on the use of a documentary method of researching materials of judicial practice and a critical analysis of scientific literature.

Results. According to the results of the study, the differentiation of methods of historical interpretation and historical study of law was carried out; a differentiated range of sources of historical law enforcement interpretation of the criminal law was determined; the boundaries of historical interpretation and the grounds for its differentiation from evolutionary interpretation were established; the results of the analysis of the scope and features of the use of historical interpretation of the law in judicial practice were presented; typical situations of the use of historical interpretation to establish the meaning were identified and the content of the criminal law.

Brief conclusions. The historical interpretation of the criminal law is, although auxiliary, but an independent way of clarifying the meaning of the legal norm to be applied. In judicial practice, the sources of historical interpretation are the materials of the legislative process objectified in the explanatory notes to the bills, the bills themselves and official responses to them, in the materials of the parliamentary discussion of bills. Referring to these sources, the court is able to clarify the content and meaning of the lexical constructions used in the law, as well as the purpose and intentions of the legislator, which he pursued when drafting the law.

The use of historical interpretation is justified, as a rule, in two main situations: when clarifying the meaning of the newly adopted criminal law and when comparing the newly adopted law with the law repealed to resolve the issue of giving it retroactive effect. Since historical interpretation is limited to referring only to historical and legal documents, it is fundamentally different from the evolutionary interpretation, designed to analyze the text of the law in changing social conditions.

The article analyses main legal positions of the Court of the Eurasian Economic Union describing the scope of the Court’s function to ensure uniformity of application of the Treaty of the Eurasian Economic Union, international treaties of the Union, international treaties between the Union and a third party, and decisions of the EAEU organs by member states and organs of the Union. Consideration is being given to the realization of the mentioned function of the Court through its powers, as well as to its interrelation with the Court’s implementation of normative control regarding compliance of the member states and the Eurasian Economic Commission with the EAEU law.

On the basis of the Court’s jurisprudence consistent application by the Court of uniform legal positions is demonstrated regarding questions of execution of the Court’s decisions, limits of the Commission powers, and restoration of the rights of economic entities in the sphere of business and other economic activities. The significance of the designated function to ensure uniformity of law enforcement for the exclusion of contradictory decisions of the Commission from the EAEU law is analyzed, taking into account that the Court does not have the power to declare such acts invalid. The approaches of the Court in determining whether the relevant decision has been properly implemented, taking into account the principle of res judicata, are considered.