Journal headings
"Legal sciences"

Constitutional and municipal lawCivil, business and contract lawCriminal law and criminalisticsLegal aspects of classification and standardizationRostrum of the young scientistCustoms and financial lawIssues of theory and history of lawContent, problems and trends in the development of public lawRelevant issues of private lawRelevant aspects of criminal law, criminal proceedings and criminalisticsLegal proceedings. Prosecutorial and human rights activitiesAll rubrics

All rubrics

ON THE ISSUE OF ASSESSING THE CIRCUMSTANCES IN CASES OF NEWLY DISCOVERED CIRCUMSTANCES

Page:24-29

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-24-29

Annotation: The work is devoted to the problem of erroneous assessment by judges during the consideration of civil cases due to newly discovered circumstances. In the process of litigation, situations often arise when new circumstances appear in the course of the case, which may have a significant impact on the outcome of the claim or court decision. The issue of assessing such newly discovered circumstances is one of the key aspects of legal practice. The inclusion in the case of materials that reveal previously implicit circumstances of the case is often not regulated by the judicial procedure and completely depends on the so-called “internal conviction” of the judge. The purpose of this study is to justify the introduction of a decision-making algorithm into the procedure of civil proceedings in order to reduce the number of unjust decisions in courts of general jurisdiction. Within the framework of this approach, it is proposed to adopt at the legislative level a state program for the implementation of standards of legal proceedings and law enforcement in order to exclude the “inner conviction” factor of a judge in the process of making judicial decisions, which is, in essence, random.

COMMUNITY OF COMMON DESTINY FOR MANKIND IN THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

Page:25-29

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-25-29

Annotation: The concept of a community with a shared destiny for mankind is rooted in the communal thought of the classics of Marxism, and also contains the idea of great harmony of peace in the 5.000-year-old traditional culture of China. The Chinese communists’ relentless pursuit of a community of common destiny for mankind is the internal driving force behind transforming this concept into a constitutional norm. The concept of a community with a shared future for mankind is a set of values that are the legacy and the development of the foreign policy of the Five Principles of Peaceful Coexistence enshrined in the Constitution of the People’s Republic of China. The content of the community of a common destiny for mankind, enshrined in the Constitution of the People’s Republic of China, imposes on the state the obligations and powers to implement the concept of a community of a shared future for mankind. The article reveals how the concept of a community of a common destiny for mankind became part of the Constitution of the People’s Republic of China, what historical documents preceded the constitutional consolidation of this postulate, as well as the significance of this concept for the well-being of the Chinese people, as well as for human progress in general.

MODERN MEASURES TO COUNTER THE SANCTIONS PRESSURE ON THE RUSSIAN ECONOMY: LEGAL ASPECT

Page:25-30

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-25-30

Annotation: The article discusses current issues devoted to the analysis of measures to counter international sanctions and restrictions imposed by unfriendly states against Russia. Special attention is paid to such sectors of the economy of the Russian Federation as oil industry, electric power industry, metallurgy, transport sector, banking sector, etc. The proposed measures vary depending on the sector of the economy and cover different areas – from the adoption of regulations (both laws and by-laws) to the government support to specific market participants. In the context of the modern confrontation between Russia and the West, a reorientation of domestic business towards countries of Asian origin, as well as strengthening international cooperation within the EAEU, seems justified. It is believed that the proposals made to improve legislation can be effective means of countering the restrictive measures of the international community and can neutralize the adverse impact of sanctions policies pursued by foreign countries on the Russian economy.

ORGANIZATION OF MUNICIPAL FINANCIAL CONTROL

Page:26-32

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-26-32

Annotation: The article contains an analysis of the municipal government reform in the regions of the Russian Federation, including issues of the organization of municipal external financial control in the subjects of the Russian Federation. It is known that the procedure for creating an effective mechanism for the work of the municipal government is not possible without an effective system of financial control at the municipal level. Basing on the example of the Chuvash Republic, we have justified the need for a transition from a two-level system of local government to a one-level system. At the same time, arguments are given in favor of transferring the authority to conduct municipal external financial control from the control and accounting bodies of the Ministry of Defense to the control and accounting bodies of the subjects of the Russian Federation. The above actions should practically contribute to compliance with the basic principles within the framework of financial external control. First of all, positive changes will occur in relation to the principle of independence, and therefore the effectiveness and objectivity of such control will be justified.

HOUSE ARREST: THE CONCEPT AND LEGAL NATURE

Page:30-35

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-30-35

Annotation: The return of house arrest to the sphere of criminal procedural activity caused a surge of interest in this measure of restraint on the part of not only law enforcement officers, but also scientists. According to the developers of the Criminal Procedure Code of the Russian Federation, house arrest was conceived as a reasonable alternative to detention: the legal restrictions inherent in it allow achieving similar goals, while, on the one hand, implementing the principle of economy of repression, on the other hand, spending significantly less material and financial costs, rationally using human resources. At the initial stage of application, house arrest was not alien to shortcomings and gaps both in the legal regulation of this measure of procedural coercion (11 amendments and additions were made to Article 107 of the Criminal Procedure Code of the Russian Federation) and repeated attempts by scientists to understand its legal nature more deeply. The authors of this work present their vision of the essence of the considered procedural institution from the standpoint of the theory of law.