Journal headings
"Legal sciences"

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 article is devoted to the problems of legal protection of the intangible ethno-cultural heritage of the Rus- sian Federation. The analysis of the current situation of protection of these facilities in Russia is preceded by a review of international acts of similar content. Several possible ways to apply forces to improve the protection of intangible cultural assets are outlined. First, this is a wider representation of Russian culture in the international arena. Second, elimination of the conflict in modern Russian law and law enforcement practice, which arose due to the incomplete change of the name of the object of protection. Third, strict compliance with the requirements of Article 6 of the Federal Law «On Intangible Ethnocultural Heritage Of the Russian Federation», which provides for the division of objects of intangible ethnocultural heritage into three categories: federal, regional and local (municipal) significance. Therefore, the federal register should include only those objects that really represent a special historical, cultural and scientific value for the history and culture of the Russian Federation. Fourth, it is to clarify the list of objects of intangible ethno-cultural heritage. It was recommended to include traditional symbols, as well as to emphasize their cultural-historical, spiritual and moral value in the laws on state symbols. In the text of the article, the Russian Federation is abbreviated as RF.

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.

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.