Journal headings
"Legal sciences"

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.

Annotation: The article is devoted to relevant issues of the implementation of digital technologies in the field of jurisprudence. The modern movement of society towards digitalization involves an increasing number of social relations into its orbit – from science and education to economics and law. The development of digital technologies affects both the field of private and public law, which requires a serious analysis of the key factors of the introduction of digital technologies in the field of civil law. The purpose of this article is: to identify the legal understanding of the concept of digital technologies in general, and artificial intelligence in particular; to analyze the advantages and risks of using digital technologies in civil law; to make proposals for improving the implementation of digital technologies in the field of jurisprudence. The authors conclude that there is a need for legislative regulation of the use of digital technologies in public systems and propose the introduction of experimental legal regimes, which can become the tools that in the future can show their effectiveness in solving the problem of innovative and safe implementation of digital technologies in civil law.

Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.

Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.

Annotation: Due to the rapid development of information and communication links and the active entry of Russian corporations into international markets, the issues of protection of intangible benefits are increasingly becoming the object of legal science research. One of the objects of non-property rights is business reputation, as well as ways of its legal protection. The analysis of judicial practice shows the importance of considering regulatory issues in the field of business reputation protection, since the application of current legislation in the field of business reputation protection often faces certain problems. According to the norms of civil legislation, one of the methods of protecting business reputation is protection by refuting defamatory information. The article discusses the necessary and sufficient conditions for the application of protection of business reputation by refuting the defamatory information of the applicant. As a result, it is shown that the use of protection of business reputation by refuting defamatory information is possible only if all three conditions defined by the norms of civil law.