Journal headings
"Legal sciences"

Annotation: The lack of legislative regulation of the issue of the legitimacy of imposing obligations to pay a contribution for major repairs not only on the owner of residential premises, but also on other persons to whom it is provided on the basis of property and obligations rights is indicated. Contradictory approaches of judicial practice to resolving these disputes are demonstrated. In some cases, courts consider it impossible to transfer such an obligation (for example, in relation to family members of the owner of a residential premises), in others they justify a positive answer to this question by reference to the nature of the emerging right (for example, in relation to holders of the right of operational manage- ment). In disputes related to the transfer of residential premises on the basis of a contract, the idea is formulated about the exclusive nature of the owner’s obligation to pay a contribution for major repairs and the impossibility of its transfer within the framework of contractual relations. It is concluded that in order to resolve the contradictions that have arisen, it is necessary to develop a unified position on the possibility of transferring to third parties the burden of maintaining not only residential premises, but also the common property of an apartment building.

Annotation: The article describes the constitutional and legal foundations of the struggle against fascism in modern Russia as the successor of the USSR. The author substantiates the need to use the definition of fascism given by Soviet scholars, taking into account their existential experience of generations who survived fascist aggression. The article provides a comparative analysis of the approach to defining the concept of fascism by Soviet authors and Western researchers, reveals the differences and reasons that prompted Western researchers to interpret this concept differently. The article substantiates the existential approach, analyzing scientific and legal concepts through the personal experience, values, and worldview of their authors. It reveals the anti-fascist orientation of the norms of the Russian Constitution, enshrining the succession of the USSR, the ideals of ancestors, belief in God, and social solidarity. The conclusion is made about the need for direct constitutional enshrinement of the fight against fascism around the world as Russia’s historical mission. The results of the article are important for the forming of modern Russian constitutionalism and state ideology.

Annotation: The subject of the research is the concept and significance of the methodology of the science of criminal justice, its role in the activities of the penal system, the training of specialists for institutions and bodies executing pun- ishment. The purpose of the work is to study issues of methodology of the science of penal law. When studying the problem, dialectical, formal-logical, system-structural methods were used. The article describes the views of scientists on the methodological foundations of the science of penal law, and examines certain aspects of its significance for theory and practice. Dialectical and historical materialism form the basis of the methodology of the science under consideration; private scientific and special methods of cognition are also used. It is con- cluded that the training of highly qualified specialists for the penal system, other state and non-state (private) organizations involves studying the methodology of special sciences in the specialization (profile) of training, the methodology of the science of criminal justice contributes to the implementation of theoretical knowledge in practical activities in the field of execution of punishments and other areas of life.

Annotation: The purpose of the article is to analyze the necessity and regularity of the birth of the idea of a moral state through the enhancement of freedom of conscience in modern society. The legal understanding of freedom of conscience is one of the spiritual foundations of state sovereignty. The research methodology includes the methods of historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, compara- tive legal analysis, and the ascent from the abstract to the concrete. The definition of freedom of conscience and ideological foundations of a moral state is given. It is the moral and ethical foundations of the Constitution that form the socio-cultural line of development of modern civilization. On the example of specific decisions of the European Court of Human Rights, the position of the Council of Europe, it is concluded that the secularism of the European Enlightenment led to an equalization in the representation of Western public consciousness of good and evil, that in Western countries there is a forced moral neutrality of society, giving rise to immorality and permissiveness. The analysis of various aspects of the understanding of freedom of conscience as a basic value, without which the sovereignty of the modern state is impossible, is important for the further development of legal understanding, for teaching the theory of state and law and constitutional law in universities.

Annotation: The current issues of conducting practical classes in the form of a business game with students of the Faculty of Law on the topics of the section “Forensic technology” of the discipline “Criminalistics” are considered. The opinions of various authors on the practice-oriented teaching of the discipline “Criminalistics”, including the use of active teaching methods (business games) during practical classes, are given. The content of the stages of the business game organized in the conditions of the classroom is revealed; the main differences between practical tasks in the section “Forensic technology” from tasks in other sections of сriminalistics are highlighted. Recom- mendations are given on the use of technical means during practical training; an overview of the most in-demand set of technical means, the unified suitcase “Criminalist” is given. The expediency of using a forensic suitcase in its extended configuration is justified not only when conducting classes on topics involving direct work with traces of a crime, but also as part of the study of the topic “Forensic photography and video recording”. The conclusion is made about the importance of teaching the discipline “Criminalistics” for law students.