Journal headings
"Legal sciences"

Annotation: The article analyzes the law enforcement practice on the issue of determining the essential terms of the sale agreement and illustrates the adoption of opposite decisions on similar legal issues by the courts. The authors cite data confirming not so much the importance of scientific discussion on the list of essential terms of the sale agreement in general and its individual varieties in particular, as the urgent need to form the position of the highest court on this issue and its presentation in the relevant acts of the judiciary. In the course of a brief study the authors come to the conclusion that the legal regulation of this issue is not without declarative features in such general legal principles as justice and legality. Precisely this, in turn, confirms the urgent need to form the position of the highest judicial instances on the issue of the list of essential terms of the sale agreement and its presentation in the relevant acts of the judiciary.

Annotation: The paper investigates the issues of the implementation of modern digital technologies, technical means necessary to ensure the regime and supervision, security, safety of personnel, convicts, persons in custody, as well as other persons interacting with the system of execution of criminal penalties in the activities of management bodies and institutions of the penal enforcement system of Russia. The study was conducted in the period from 2003 to 2021 in the Moscow oblast, Smolensk oblast, Murmansk oblast, Ryazan oblast, Kalmykia region and Moscow. The purpose of the investigation is to assess the implementation of digital technologies and systems in the activities of institutions and bodies executing criminal penalties, executing a preventive measure in the form of detention, to ensure an appropriate regime, ensuring the safety of convicts, suspects, accused detainees, employees of the penal enforcement system and other persons, the realization of their rights, duties and legitimate interests. The activity of institutions of the penal enforcement system related to the execution of criminal punishment in the form of imprisonment, the execution of a preventive measure in the form of detention, as well as the activities of the Federal Penitentiary Service of the Russian Federation were investigated.

Annotation: Advertising is an integral part of modernity. The article describes the problematic issues of legal regulation of consumer protection in the field of advertising, as well as administrative responsibility in the proposed area. The problems of advertising alcoholic and non-alcoholic products have been studied, including those, which arise when the advertising is made by bloggers. Various positions of lawyers are presented and analyzed. The problem of illegal inaction of public authorities is highlighted. In this regard, an analysis of the powers of public authorities in the field of advertising is given. In addition, the emphasis is on studying the “insignificance” of an offense in the field of advertising. The circumstances of insignificance are highlighted, the opinions of scientists are given, and judicial practice in the proposed area is also investigated. The issue of the possibility of sending advertising by electronic means is considered. Based on the analysis, the relevant conclusions were made and prospects for the development of the above-mentioned legal relations were proposed. The main proposals include: increasing the fine for bloggers; reduction in the level of advertising of non-alcoholic products and others. It also highlights the need to pay attention to combating corruption in the field of advertising circulation.

Annotation: The article describes the features of exemption from criminal liability due to the active repentance. The relevance of the topic of the article is predetermined by the significance of the institution of exemption from criminal liability in the general mechanism of the implementation of criminal policy, which is based on the principles of justice and humanism. The humanistic foundations of modern criminal policy presuppose the existence of mechanisms for the exemption of guilty persons from criminal liability, but the Russian criminal policy – the existence of alternative measures to bring to justice, including exemption from it, among other things, on the basis of active repentance. The purpose of the article is to identify legislative gaps and problems in the implementation of norms regulating exemption from criminal liability due to active repentance. As a result of the study, proposals were formulated to improve the norms of the Criminal Code of the Russian Federation regulating the grounds for exemption from criminal liability due to active repentance. It is proposed to systematize the norms allowing the application of Part 2 of Article 75 of the Criminal Code of the Russian Federation, but Part 2 of Article 75 of the Criminal Code of the Russian Federation should be supplemented with an indication of mandatory exemption from criminal liability and a list of articles of the Special Part of the Criminal Code containing relevant notes.

Annotation: Copyright law is based on certain principles (fundamental ideas). The issue on the relevance of the principles of analogue copyright law in the digital age is debatable. The purpose of this article is to identify and conceptualize the principles of copyright law in the analogue and digital eras. The author of the article analyzes five such principles: the principle of protection of a works form; the principle of automatic copyright protection; the principle “the author is a individual who created the work”; the principle of recognition of the inalienable moral rights of the author; the principle of a closed list of cases of free use of a work. It was concluded that these principles are the same for digital and analogue copyright. At the same time, specific transformations are gradually brewing within each of the principles in the digital age. For example, the principle of automatic copyright protection seems irrelevant and ineffective today. The study used general scientific, formal-logical methods of cognition.