Vol 5, No 4 (2023)

Introduction. The starting point of the reasoning that makes up the content of this article is the proposition that law is, first of all, a text. The nature and structure of the legal text, as well as the possession of a specific set of words, determined its ability to influence in a special way the consciousness, psyche and behavior of a person. Here we are talking about the connection between the language of law and the phenomenon of NLP, i. e. neuro-linguistic programming.

Theoretical Basis. Methods. This article used general scientific methods: analysis, synthesis, systematization. In addition, the author turned to linguistic research methods. The judgments and conclusions formulated in the article were based on the achievements of phenomenology, psychology and analytical philosophy.

Results. The language of law belongs to the category of artificial languages. It is a means for positing what should be as a result of the will and consciousness of subjects participating in the formation and establishment of prohibitions and permissions in objective reality. The structure of the language of law and its composition are characterized by such features that allowed the author of the article to substantiate its relationship with the phenomenon of neuro-linguistic programming.

Discussion and Conclusion. Based on the results of a study of the relationship between the language of law and the phenomenon of neuro-linguistic programming, it was concluded that the language of law, in comparison with other natural and artificial languages, is primarily characterized by such a property as pragmatics, i. e., a targeted, programmed influence on the psyche and human behavior in order to form a world of law that is most adequate to the value system of society and the individual.

Introduction. The article examines the problem of the relationship between law and ethics in their normative manifestations. The position is substantiated that ethical regulation is much broader than legal regulation, but any legal regulation is based on an ethical principle. That is, law is the minimum of ethics. This is their similarity, as well as the fact that both ethical and legal regulation (and a number of others, for example, in the theological sphere) are social regulation.

Methods. This research is based on the use of the general scientific dialectical method of cognition, which determined the use of general philosophical (analysis, synthesis, analogy) and formal logical methods. In turn, the specifics of the problem studied in the article determined the use of private scientific methods: historical-legal, comparative-legal, formal-legal, structural-functional, systemic analysis and interpretation of legal norms, etc.

Results. The implementation of legal regulations, compliance with the rules of law is ensured by the force of coercion, behind which stands the state and its relevant institutions. Therefore, legal regulation is strict regulation, “brute force”. And ethical regulation, compliance with ethical standards is ensured by conviction, first of all, on the part of the individual himself, “included” in the corresponding society, where ethical obligations are formed, which over time acquire normative content. Therefore, ethical regulation is soft regulation, “soft power”.

In developed social societies, naturally, and in Russian too, “soft” regulation, normatively enshrined, occupies a dominant position. The article notes that it is more reliable, long-lasting, more fundamentally determines the rules of behavior of the subjects of its influence and is much less subject to market fluctuations than the legal one.

Therefore, it is developing rapidly: both at the international level, and abroad, and in Russia, where in recent years codified acts have been developed and adopted in the field of normative regulation of ethical rules of behavior: in the system of executive authorities (including law enforcement agencies), in the stratum of free people professions, in the business sector, etc. Particular attention in the article is given to ethical regulation in the sphere of professional, personal and other life activities of judges.

Discussion and Сonclusion. The article substantiates that an indispensable attribute of “soft power”, as in the field of legal regulation, is responsibility for non-compliance with relevant regulatory requirements. But at the same time, mixing legal (disciplinary, first of all) and ethical responsibility is unacceptable. Using the example of such confusion regarding Russian judges, due to current legislation, the article shows the negative consequences of the corresponding law enforcement.

Introduction. In the light of the constitutional innovations of 2020 regarding the legal regulation of civil society as a whole, and in particular of its individual public law institutions, as well as the legal position of the Constitutional Court, formulated in a number of its resolutions and definitions, regarding the recognition of the local community as a source and subject of local self-government, the problem of legalization seems urgent the legal definition of “local community” in the current legislation.

Theoretical Basis. Methods. The methodology of the study is largely determined by its goals, the main of which is to formulate a set of scientifically based conclusions about the concept based on a systematic legal analysis of various points of view of researchers, the legal positions of the Constitutional Court of the Russian Federation regarding the place and role of the local community in the system of local self-government as its source and subject of implementation, the structure of the local community and the forms of its interaction with local self-government bodies and on their basis to develop practical recommendations for improving legislation in this area. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). The application of these methods of scientific research makes it possible to determine the structure of the local community as an institution of civil society and a subject of local self-government, to identify intra-system connections, forms of interaction of the local community with local self-government bodies, patterns and trends corresponding to this process.

Results. The theoretical, methodological, scientific and practical issues of defining the concept and structure of the local community, as well as the requirements imposed in the legislation to its elements in the face of organized associations of the population of the municipality are disclosed. A methodology has been developed for determining the grounds for classifying the forms of interaction of the local community with local self-government bodies depending on the forms of direct implementation of local self-government by the population, forms of participation of the population in the implementation of local self-government and forms of public control defined in the legislation. The criteria for determining the unity of the forms of interaction between the local community and local self-government bodies, enshrined in the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” and the Federal Law “On the Basics of Public Control in the Russian Federation” in solving issues of local importance, are analyzed.

Discussion and Conclusion. The formation of a local community as a public legal institution of civil society, a subject and source of local self-government is a necessary condition on the path of its development as the basis of the constitutional system of the Russian Federation and one of the forms of democracy, which determines the advisability of introducing the legal term “local community” in current federal legislation.

Introduction. In the Family Code of the Russian Federation, the legislator enshrines the principle of equal rights of spouses and establishes a regime of joint property of spouses. The circumstances that arise in family life are multifaceted, and it is not always possible to maintain family relationships. As a result, the division of the spouses’ property occurs in court with the requirement of the party to deviate from the principles of equality of shares. The author has made an attempt to identify the legal nature and criteria of “deviation from the principles of equality of shares”, the basis for the possible recognition of property as the property of everyone in the event of separation of spouses.

Methods. The study used analysis and synthesis, induction and deduction, argumentation, generalization, historical and comparative legal analysis.

Results. An analysis was carried out and the legal nature of the deviation from the principles of equality of shares was determined, criteria were proposed that allow spouses and former spouses to apply the rule “on deviation from equality of shares” in court, to protect their property rights during the division of property and the termination of family life.

Discussion and Сonclusion. Proposals have been made for the development of Russian legal regulation, allowing for the exercise of property rights of spouses when dividing property on the basis of the principle of equality.

Introduction. This article deals with the actual problem of the possibility of conditional early release from serving a sentence of persons who have made a decision to voluntarily participate in hostilities in the interests of the Russian Federation. This issue has not been settled by the domestic legislator, although in objective reality cases of involvement of convicted persons to participate in hostilities, with their subsequent release, are becoming more common. As an example, the private military companie “Wagner” can be cited.

Methods. The methodological basis of the work is the general philosophical dialectical-materialistic method of cognition, as well as general scientific methods (historical, logical) research.

Results. The analysis of the national historical experience of attracting convicted persons to serve in military formations is carried out. The similarities and differences in the procedure for attracting convicted persons to participate in hostilities as part of the private military companie “Wagner” and as part of the penal units of the Red Army are highlighted.

Discussion and Conclusion. As a result of the study, it was concluded that there are two possible options for the development of criminal law in the sphere of attracting convicted persons to participate in hostilities. The first is to consider the involvement of convicted persons in hostilities as a separate type of punishment; the second is to consider these cases as a form of conditional early release from serving a sentence. The second option seems to be more preferable, on the basis of which comprehensive amendments to domestic legislation are proposed, in particular, the addition of art. 79 of the Criminal Code of the Russian Federation is a new part, which provides for the possibility of parole from serving a sentence with a referral to service in a penal military unit.

Introduction. The article explores the possibilities of using methods and principles of modern hypnosis and activation of consciousness during interrogation, analyzes the concept of modern (Ericksonian and post-Ericksonian) hypnosis and activation of consciousness, examines the methods and principles of these types of psychotherapy and determines the possibilities of their use within the framework of interrogation.

Theoretical Basis. Methods. The theoretical basis of the study is the synthesis of psychological and forensic knowledge: about personality psychology, communication psychology, methods and principles of modern hypnosis and activation of consciousness as tools of psychotherapy, legal psychology, interrogation tactics. General theoretical methods of analysis, synthesis, comparison, extrapolation, modeling, as well as historical, legal and comparative legal methods were used.

Results. A comparison was made between a hypnosis session and an interrogation session, and similarities were highlighted. The possibilities and limitations of using methods and principles of modern hypnosis and activation of consciousness by the investigator himself during interrogation are determined. The principles and methods that can be integrated into interrogation tactics are indicated.

Discussion and Conclusion. Recommendations for the use of these methods and principles require further discussion and testing in practice. The identified principles and methods of modern hypnosis and activation of consciousness may become part of the professional competence of the investigator in the future. Implementation of general recommendations to expand the communication skills and psychological knowledge of the investigator can increase the effectiveness of the investigation already at the present time.

Introduction. Starting from January 1, 2024, Argentina³, Egypt, Ethiopia, Iran, Saudi Arabia and the United Arab Emirates should acquire membership of the alliance with the former acronym “BRICS” due to the decision adopted by its XV Summit held on August 22–24, 2023. According to one of the official acts classified as a guide for Russian National Policy in International Affairs, namely the “Concept of Russia’s Participation in BRICS”, approved by the President of the Russian Federation back in 2013, BRICS is to be deemed as a valid tool for strengthening the interstate cooperation. Taking into account other dimensions, it is necessary to develop a comprehensive strategy for cooperation between the alliance countries and define mutually agreed principles of partnership.

Theoretical Basis. Methods. The research provides the analysis of the doctrinal positions of the most qualified domestic and expatriate publicists in international law, effective international treaties and international legal acts of the United Nations, official documents (declarations) of the annual BRICS summits, materials of the UN International Law Commission regarding its papers on the topic “Peremptory norms of general international law (jus cogens)”, outcome of the International Court of Justice practice as of the main judicial organ within the United Nations. In the course of performing the research, a number of general and particular scientific methods of cognition were used, including methods of systemic, structural and functional analysis, formal logic, deduction and induction, the method of comparative law, formal legal analysis and historical retrospective approach. The latter are especially productive in the study of the genesis and evolution of the concepts of “principle” in international law, “international organization”, integration, “paraorganization”, “multipolar world”, etc.

Results. Both the BRICS emergence and expanding stand as direct challenge to such an international order, which proceeds from the inviolability of the existence of a single “decision-making center” (i. e., the United States and its satellites) as its core basis. In this aspect, resultant from the outcome of the XIV and XV summits held in 2022 and 2023, as well as of a new configuration of multilateralism previously initiated by China in Johannesburg (July 2018) for states that expressed ambition to cooperate with BRICS (PartNIR – “Partnership in the field of a new Industrial Revolution”), in the functioning of BRICS have been developed atypical models for involving third countries into partnership, including interaction with the countries of the region of the state chairing the group, which is carried out within the “BRICS-outreach” format.

In light of the above, the study of such aspects pertaining to the theory and practice of international law as the application of the basic principles of international law and jus cogens norms to such cooperation in order to implement multilateralism, as well as the development of special principles of cooperation within the framework of BRICS should be raised to the rank of a specific subject of analysis.

Discussion and Conclusion. In the course of the research, certain theses were formulated which relate to the analysis of current relationships of the “five” – Brazil, Russia, India, China and South Africa, accompanied by the assessment of the prospects for the forthcoming future in cooperation of the alliance under new formats. Thus, within the framework of BRICS, preference is given to multilateral or bilateral agreements, as opposed to the institutionalization (which involves coordinating the relationships of the involved parties by creating an international organization/institution). The identification of common features with universally widespread forms, on the one hand, and the distinctive properties of the international legal instruments used by the BRICS, on the other one, in no way deprives the analyzed segment of interstate cooperation of the “cementing” elements inherent to the entire system of international law, which include “basic principles”, “peremptory norms of general international law (jus cogens)”, as well as sectoral and special principles of legal regulation of interstate (“inter-governmental”) public relationship.