Vol 6, No 4 (2024)

Introduction. The author interprets the civilizational identity of a nation as the dominant vector of collective self-determination in public consciousness when choosing the image of the country’s future and its place in the global world.

Results. The article substantiates the thesis that Russia is a state with a powerful civilizational potential, but has not yet clearly defined its civilizational identity. The article substantiates the thesis that Russia has powerful civilizational potential, but has not yet clearly defined its civilizational identity. The author agrees with those who emphasize the Eastern European mentality of the Russian people with its inherent “equal attraction to European peaks and ancient Russian roots” and orientation towards the European vector of modernization. From this position, the task of Russia acquiring a civilizational identity is interpreted as a search for a synthesis of the spiritual principles of the West and the East in the direction of solving the essentially philosophical and legal problem of justice. In terms of these approach, we are talking about combining the Western understanding of justice as the equality of people in their freedom, which opens up prospects for an innovative and technological breakthrough, and Eastern ideas about the justice of social life based on the communal and fraternal nature of interaction between people, guaranteeing the stability of the social system in an era of increasing global competition.

Discussion and Сonclusion. The significance of the search for such a synthesis in the context of the tasks of modernization is determined by the fact that it is regarding modernization in the public consciousness of Russians that discrepancies of such a scale are discovered that they are interpreted as a split. The existence of such a split means that the term “civilizational identity of Russia” does not yet have a clear semantic content. Overcoming this deep split, caused by the peculiarities of Russian historical development, must be connected with a legal (equally fair) solution to the problem of ownership of the means of production, which the country faced after the collapse of socialism.

Introduction. In the 60s of the 19th century, a philosophical movement arose in Germany, developing the teachings of I. Kant in the spirit of consistently implementing the basic principles of his transcendental-critical methodology. The study pays attention to two established schools of neo-kantianism: the Marburg school and the Baden school. The problem of the development of the categories “concept of law” and “idea of law” in the works of followers of Kantian philosophy of law is considered.

Theoretical Basis. Methods. The theoretical basis was formed by the scientific works of representatives of the Marburg and the Baden schools of neo-kantianism, as well as foreign scientists who studied the features of the philosophical currents of neo-kantianism. The research is based on the use of the general philosophical dialectical-materialistic method of cognition. This article uses general scientific methods (historical, logical), specific scientific methods (historical and legal, comparative research method).

Results. The difference between “concept” and “idea” in the philosophical system of I. Kant is considered. The reasons for Kant’s rejection of the “idea of law” are explored. Specific features and peculiarities of the development of the categories “concept of law” and “idea of law” in the teachings developed by representatives of the Marburg and Baden schools of neo-kantianism have been identified.

Discussion and Conclusion. Based on the results of the study, it was concluded that representatives of the Baden school of neo-kantianism seek to emphasize the significance of the transcendental turn in philosophy for determining the cultural reality that is law. For southwestern neo-kantianism, the concept of value becomes central. In the Marburg school of neo-kantianism, Kant’s teaching was corrected and the independent development of a system of “critical realism” was undertaken. Unlike the Baden school, the concept of value did not play a significant role; the concept of ideas acquired significant influence. R. Stammler defines the idea of law as the “guiding star” of law. G. Radbruch emphasized the role of the idea of law as an essential component for the theoretical-legal concept of law. And A. Kaufman limited the “idea of law” only to the practical search for the justice of law, breaking the connection between the theory of law and legal ethics established by G. Radbruch through the concept of “idea of law”.

Introduction. The family legislation of the Russian Federation and the Republic of Belarus establishes the equality of rights of spouses in family relationships. The article examines the procedure for one of the spouses to exercise the right to dispose of property acquired by the spouses during marriage, taking into account norms of civil and family legislation of the Russian Federation and the Republic of Belarus.

Methods. The methodological basis of the study was philosophical methodology (dialectical method of cognition), general scientific methodology (modeling, logical analysis) and private methodology (comparative legal method, method of interpretation of law).

Results. An analysis of the legal possibilities is carried out when one of the spouses (former spouses) exercises the authority to dispose of property acquired by the spouses during the marriage, granted to the spouses (former spouses) by the provisions of Art. 35 of the Family Code of the Russian Federation, Art. 23 of the Code of the Republic of Belarus on Marriage and Family, and Art. 253 of the Civil Code of the Russian Federation and Art. 256 of the Civil Code of the Republic of Belarus.

Discussion and Conclusion. It is proposed to change the norms of family legislation of the Republic of Belarus and the Russian Federation, clarifying the procedure for disposing of property acquired during marriage by one of the spouses or a former spouse.

Introduction. The prerequisites for the appointment of a forensic examination are revealed when considering disputes on the protection of copyright and related rights on the Internet, the significance of this examination is determined, the circumstances to be established by the court are analyzed, including through the appointment of a forensic examination, in disputes of this category.

Methods. Dialectical, system-structural, functional, formal-legal, etc. methods used in the study.

Results. The necessity of creating a classification of types of examinations and a range of issues that can be resolved within the framework of forensic examination, taking into account the technical capabilities of the study of various types of objects of copyright and related rights, is substantiated. It is proposed to create a publicly available source containing information about experts specializing in the results of intellectual property as objects of expertise, their qualifications, level of education and work experience. The article evaluates the legal concept of “intellectual piracy”, which requires doctrinal consolidation, as well as the concept of “a series of photographs” as a single object of intellectual property in relation to the judicial assessment of claims for compensation against the claim of the copyright holder of photographic works. The expediency of doctrinal consolidation of the concept of “a series of photographs (photographs)” is determined to assess the nature of the violation of copyright and related rights on the Internet and calculate compensation for the violation, and it is also concluded that it is possible to establish the “seriality” of several works only within the framework of forensic examination.

Discussion and Conclusion. It is necessary to identify clear criteria for classifying a photograph as a “series”, to determine the features of the legal nature of a “series” of photographs as a single object in the doctrine of copyright. A doctrinal consolidation of the concept of “intellectual piracy” as a characteristic of the site’s activity is required. It is proposed to introduce criteria for assessing the nature of the violator’s activity and their establishment within the framework of forensic examination in disputes on the recovery of compensation (to justify its amount).

Introduction. In Russian criminal proceedings, the transparency of the trial is fixed at the level of one of the conditions. However, at its core, it represents a constitutional principle reflected in the norms of criminal procedure law. Limitation of the operation of such a principle cannot be arbitrary and is permitted only in order to ensure private and public interests protected by law. This article is devoted to the analysis of the operation of the principle of publicity in Russian criminal proceedings. The study of existing regulatory approaches to limiting the openness of criminal proceedings can become a starting point for scientific discussion on this issue and for the formulation of proposals for changing legislation.

Theoretical Basis. Methods. The theoretical basis of the study was scientific work in the field of organization of judicial activities, criminal procedural law, devoted to the issue of taking into account public and private interests while ensuring the transparency of criminal proceedings. Using the formal legal method of research, the features of the normative regulation of publicity when courts consider criminal cases were identified. The use of the comparative legal research method made it possible to identify variable approaches to ensuring a balance of private and public interests while ensuring the transparency of the trial.

Results. The article reveals the main approaches in Russian criminal proceedings to ensuring the court balances private and public interests when deciding whether to conduct a closed trial. Regulatory approaches to openness of justice in criminal cases are analyzed, and a number of problematic issues are proposed for further productive scientific discussion.

Discussion and Сonclusion. Ensuring the balance of public and private interests by the court should not lead to unreasonable restrictions on the constitutional principles of justice and is permissible only if there are appropriate legal and factual grounds to the minimum required extent. The authors believe that scientific development of issues of ensuring the rights of participants in the process while limiting the publicity of criminal proceedings is necessary.

Introduction. The issues of the use of digital technologies in the cassation proceedings of domestic criminal proceedings with the analysis of positive international experience are accentuated by the modern level of digitalization of all spheres of human activity. Digitalization of judicial proceedings is a key element of modern reforms in the field of justice, which is aimed at improving the effectiveness of access to justice at the stage of cassation proceedings in criminal proceedings.

Methods. In the work, general scientific and private methods of scientific cognition are used in cooperation. The comparative approach made it possible to identify effective practices, advantages and disadvantages of digital technologies, as well as their impact on access to justice.

Results. As a result of a comprehensive analysis of the current level of implementation of specific digital technologies in the cassation stages of Russian and foreign criminal proceedings, the author argues the position according to which the use of digital technologies in cassation proceedings in criminal cases promises to revolutionize traditional forms of access to justice, increase the effectiveness of this access, as well as strengthen the protection of the rights and freedoms of citizens involved in the criminal sphere legal proceedings.

Discussion and Conclusion. Currently, digital technologies are commonly defined as a wide range of tools and methods based on the use of computer systems, software and network interactions for processing, storing and transferring large databases. In the context of cassation proceedings in criminal cases, the use of digital technologies can transform the existing traditional form of this stage and create new opportunities for this type of criminal procedural activity.