The subject of the study is historical method of interpretation in law, its capacities and types. Despite the recognition of historical interpretation by legal science, there are no specialized works and there is no consensus on the content of this method of interpretation. Historical interpretation is considered both as an interpretation based on a previous rule of law, as an interpretation considering the conditions for the adoption of the norm, and as an interpretation based on the practice of applying the interpreted norm.

The purpose of the study is to substantiate the authors' hypothesis that historical interpretation in law is an intellectual activity that involves clarifying the content of a legal prescription, achieved based on identifying legal and non-legal factors that both precede the creation of the norm and accompany its adoption. In addition, the authors set the task to identify those factors that should be taken into account in historical interpretation, as well as to classify the types of historical interpretation. The analysis of historical interpretation is made using scientific methods: induction and deduction, formal legal, comparative legal synchronous and diachronic methods.

The main results, scope of application. Historical interpretation considers political, economic, social, and legal factors. Legal factors include the rules of law that preceded the interpreted norm, repealed acts, official and unofficial documents of law-making entities, draft laws, acts and the norms contained therein that accompanied the interpreted regulation, i.e. were adopted simultaneously with the interpreted norm, as well as other factors, such as the level of development of legal science and legal technique.

The authors suppose that historical interpretation cannot be considered as a homogeneous way of interpretation. In reality, the historical interpretation in law can be carried out using different techniques and methods, in relation to heterogeneous legal prescriptions, and carried out by subjects with different legal status. Therefore, several grounds for classifyinghistorical interpretation are proposed. First, it is a classification that considers the connection of historical interpretation with the other ways of interpretation. According to this criterion, it is possible to divide it into a proper historical and a complex historical interpretation. Complex historical interpretation includes historical-systematic, historical-functional, historical-teleological, historical-legal, and historical-linguistic interpretation. Second, the basis may be the sources of law that contain the rules of law. On this basis, historical interpretation is divided into the interpretation of prescriptions of normative legal acts, legal customs, normative contracts, etc. Third, it is possible to classify the historical interpretation, depending on whether the rule of law is valid or not, into the historical interpretation of the rules that have lost their legal force and the historical interpretation of the rules of the current law. The latter, in its turn, is divided into the interpretation of the current legal norms of the current content and those legal norms that have not lost their force but are outdated in content. The fourth classification is based on subjects and includes historical official interpretation and historical unofficial interpretation.

Conclusions. Correct approach to the concept and process of historical interpretation of the content of legal norms, as well as the choice of the type of historical interpretation helps in law enforcement, allows you to put forward scientific hypotheses, predict the further development of law based on historical knowledge of the interpreted norm, assess the possibility of reviving canceled acts in recurring socio-economic and political-legal situations.

The article is aimed at identifying legal positions on the relationship between international and domestic Russian law in the decisions of Russian Constitutional Court and Russian Supreme Court.

The purpose of the article is to confirm or disprove hypothesis that the practice of Russian Constitutional Court and Russian Supreme Court significantly changed the content of norm of Russian Constitution that recognizes generally recognized principles and norms of international law and international treaties as part of the Russian legal system.

The methodological basis of the study was formed by both general scientific methods (dialectical, analysis and synthesis, induction and deduction) and special methods (synergistic, systemic-structural and formal-legal).

The main results, scope of application. The main body of the article covers three interrelated issues. Firstly, the problems of interpretation of Pt. 4 of Art. 15 of the Russian Constitution. These problems are summarized to the ratio of the categories “generally recognized principles of international law” and “generally recognized norms of international law”, to possible contradictions between the current international treaty with the participation of Russia and the provisions of the Russian Constitution as well as to exceptions from the priority of international treaties over the domestic law of Russia. Five such exceptions are highlighted: the unconditional primacy of the Russian Constitution; domination of an international treaty only in the event of a conflict of its norms with the internal law of Russia; the presence in an international treaty of dispositive norms that are inferior to domestic law; taking into account the level of legal force when determining the correlation of an international treaty with the sources of national Russian law; implementation of an international treaty as self-executing or non-self-executing, when the priority of the latter directly depends on the adoption of an appropriate normative act of domestic law. Secondly, the system of legal positions of the Russian Constitutional Court on the relationship between international and domestic law and their target mission is considered. The legal positions on the issue under study are divided into two groups - on the interaction of international treaties with the domestic law of Russia and on the assessment of the prospects for the incorporation of the legal positions of the European Court of Human Rights into Russian legal system and the limits of its jurisdiction. The consolidating basis of all judicial legal positions is the unconditional priority of the Russian Constitution, the need to differentiate the normative content of an international treaty with the participation of the Russian Federation and acts of official interpretation by the authorized body of its norms, as well as the desire to preserve the constitutional identity of Russia. Thirdly, the subject of reflection was the limits of the internationalization of domestic law.

Conclusions. There is an obstacle to the further internationalization of domestic law. It is the presence of spheres of public and state life that cannot and should not be included in the subject of international legal regulation and are subject exclusively to domestic legal impact. In addition, the framework of internationalization is due to the conflict with the state sovereignty of Russia and the desire to ensure the inviolability of the foundations of the constitutional order and national interests, and to ensure the country's constitutional identity.

The scope of the research is the necessity for legal regulation of the use of neurotechnologies in various sectors of human activity and the possibility of their application in jurisprudence. Neurotechnology is based on advances in neuroscience that allow us to understand the structure of the brain. The advances in neuroscience are driving the rapid development of neurotechnologies and their spread in modern society. The special importance of neurotechnologies is explained by the fact that, on the one hand, they contribute to the enhancement of artificial intelligence, significantly increasing the amount of data necessary for artificial intelligence for learning, on the other hand, with the help of neurotechnologies, people can increase their capabilities, both physical and mental.

The purpose of the article is to analyze the development of the application of neurotechnologies in practical use and assess the degree of necessity for the right to respond to the use of various neurodevices by people, as well as to study the risks of using solutions based on neurotechnologies in law enforcement.

The methods of conducting this research include the formal logical method, historical and comparative legal methods, the method of systems analysis, the method of abstraction and the method of legal forecasting.

The main scientific results. Taking into consideration the available foreign experience, the history of the use of neurotechnologies in law enforcement to the present day is systematized, the origins of the formation of neuro-law are considered. The level of neurotechnologies achieved today is assessed, the main issues that the development of neurotechnolo- gies pose to law, and the questions that arise in connection with the growing use of neurotechnologies in law enforcement in the world are listed. Analyzed the legal acts and international documents (soft law) aimed at the regulation of neurotechnology nowadays. The short-term prospects for the use of neurotechnologies in law enforcement are formulated and the related needs for changing legal regulation, in particular, the need to recognize a new group of neuro-rights for a person are highlighted.

Conclusions. The further development of neurotechnologies, declared as one of the state priorities in Russia, inevitably intensifies the penetration of neurotechnologies into various sectors of public and state life, including the activities of law enforcement agencies. Therefore, it is necessary to prepare the legal basis for this already today, implementing the relevant provisions into the Constitution of the Russian Federation, criminal, civil, administrative, labor and procedural legislation.

The subject. Many shortcomings in the current state of local government and self-government systems are that in the process of forming the institutions of Russian public power, there were not evolutionary qualitative changes, but, on the contrary, there were processes of quantitative complication of mechanisms and institutions for the exercise of public power, making the role of the people in administrative processes impossible or insignificant.

The experience of pre-revolutionary Siberian local self-government is a proven resource in historical practice for improving the organization of local government, as well as the mechanism of public administration, which was prepared on local, Siberian soil, and was not copied from the socio-political systems of foreign countries.

The purpose of the article is to identify principles and features of the peasant self-government in Siberia laid down by the reform of the outstanding Russian statesman Michael Speransky.

The theoretical and methodological basis of the research are the categories and principles of materialistic dialectics, formal-logical, systemic, comparative-legal and formal-legal methods.

The main results. The conditions of life and traditions of self-governing peasant communities in Siberia made it possible for a very long period, up to the revolutionary upheavals of 1917, to find a solution that freed the crown government from the costs of the lower level of local government and its performance of the functions of administration and court in the Siberian village.

Conclusions. Peasant self-government was endowed with state powers and included in the mechanism of state power according to the reform of Michael Speransky.

The subject. The article analyzes the constitutional and legal aspects of the formation of the USSR in the context of the theory of federalism. In the course of this analysis, the author examines the constitutional norms regulating the status of sovereign republics as members of the federation.

The purpose of the paper is to classify USSR as a type of federation according to its constitutional regulation during all its existence as a state, and to define legal causes of falling soviet federalism experience.

The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods. In addition to this, historical method was also applicable.

The main results and scope of their application. Taking into account various theoretical approaches to the classification of federations, the author comes to the conclusion that the USSR was formally created as a constitutional federation, since the issues of state sovereignty, the right to withdraw from the union and the competence of the new state were fully defined precisely in the Constitution of the USSR of 1924. At the same time, the functioning of public authority in the USSR on a contractual, consensual basis of central and regional authorities was absent.

Conclusions. The Soviet Union came to the end of its existence almost in the status of a confederation, having in its composition sovereign states with independent legal systems, state sovereignties and established international relations for some of them.A lot of constitutional risks were laid in the previous periods of development of federal relations in the USSR and their consolidation at the constitutional level strengthened the centrifugal forces and brought eventually to be adopted on June 12, 1990 the Declaration on State Sovereignty of the RSFSR.

The subject. The article discusses the international legal positions of Russia and Japan that prevent the conclusion of a peace treaty between them and impede a radical improvement in relations, which is perceived as an urgent need for both sides.

The purpose of the article is to show the fundamental differences in the official positions of the governments of Russia and Japan and suggest a fundamentally new diplomatic and legal solution to the long-standing territorial dispute among the states, which will result in finally breaking the deadlock.

Methodology. The research is based on the methods such as historical research, formal logic, including analysis, synthesis, and modeling, as well as systematic, comparative and interpretation. Materials include national and international laws and scholarly articles, books relating to Russian-Japanese relations, as well as its international legal aspects.

The main results, scope of application. The authors note that the end of the Cold War transformed Europe. Since that time there have been a reformatting of military alliances, the unification of Germany, reconciliation of the nations warring since ancient times. All these are based on the recognition of the inviolability of the outcome of the Second World War and established territorial structure. In comparison with Europe, it had smaller consequences in Asia. All previous dividing lines and lines of conflicts are preserved. Nothing was done to reunite the divided nations. Reconciliation by and large also did not happen. One of the burning problems has remained the territorial claims of Japan to Russia on the four islands of the Southern Kuril and the unresolved long-standing dispute over affiliation of the islands. The international legal position of Russia is that the legal status of the islands was determined by the results of the Second World War. Japan proceeds from the premise that the Islands historically belonged to it and the actual sovereignty of Russia over them does not change the case. Since the international legal positions of the sides do not have any common ground, it is pointless to argue about them or try to change them.

Conclusions. In this situation the only possible wise and fair solution is to bring the dispute beyond the framework of bilateral relations for quite a long time, which will need to be used for their radical improvement. In the article the authors explain in detail how it can be done. In particular, it is proposed to establish a special Russian-Japanese international court ad hoc. The study explains and justifies its possible mandate, the procedure of formation and the role of the agreement establishing such a Court in the conclusion of a peace treaty between the sides. It is shown how and under what circumstances the activities of the Court can be successful and bring the desired results.

The subject. The author studies models of tax administration.

The purpose of the article is to confirm or refute hypothesis that successful tax administration strategy consists a balanced combination of tax enforcement measures and positive incentives.

The methodology of the study includes content analysis of the scientific papers prepared by European and American lawyers and economists.

The main results, scope of application. Tax compliance is an essential component of a wellfunctioning tax system. The forms and methods by which states ensure tax compliance, and taxpayers try to avoid paying taxes, change significantly over time, due to the modernization of tax policy, changes in the alignment and transformation of economic forces, institutions, norms and technologies, Historically, tax relations have always been strictly vertical and hierarchical, relying on administrative-command methods of tax administration, and also characterized by retrospective tax audits and the threat of imposing harsh sanctions to ensure tax compliance. The one-sided nature and lack of flexibility of such a model, limited by the triad of regulatory instruments “obligation – control – responsibility”, was initially subjected to comprehensive criticism in the scientific community.

Revolutionary transformations in public administration practice have an impact on all aspects of tax interactions, including tax compliance and tax administration. The global trend lies in the understanding that tax administration, in essence, should be expressed not in the confrontation between taxpayers and tax authorities, but in their dialogue, interaction and cooperation.

The flexible tax administration model is based on new approaches to public administration based on a shift in emphasis from coercion to persuasion, from rigidity to flexibility, from “reactivity” to “proactivity”, from “influence” to “interaction” between managers and those controlled. Today, fiscal authorities are encouraged to adhere to a «cooperative approach» in dealing with taxpayers, based on principles such as dialogue, mutual understanding, impartiality, reciprocity, transparency, compromise and flexible response. At the same time, law-abiding behavior should be encouraged in every possible way, and unlawful behavior should be subject to increased discouragement.

The doctrine of flexible tax administration advocates the development of trust in the relationship between taxpayers and tax authorities, offering the latter a wide range of tools to ensure tax compliance, and not limited to control and sanctions. The main mission of the state is to encourage taxpayers to partner with fiscal authorities and to voluntary compliance.

For any state, the most desirable situation is the voluntary fulfillment of tax obligations by all participants in tax interactions, which makes it possible to minimize the size of the tax gap. Both persuasion and coercion as methods of tax administration have their pros and cons. Therefore, the key to a successful tax administration strategy is not abandoning one method in favor of another, but combining them in a balanced manner so that both methods cumulatively complement each other.

Conclusions. In order to effectively increase the level of tax compliance, it is necessary to use a comprehensive tax-legal, organizational and informational toolkit, including both tax enforcement measures demonstrating the tax administration's determination to ensure tax compliance on the part of tax violators, and measures of positive incentives and rewards oriented for service support of law-abiding and conscientious taxpayers.

The subject. Currently, the courts are actively using a new term - "valid tax liability", or "the actual amount of tax liabilities". This term is the result of the activities of judicial authorities, however, judicial practice on determining the actual tax liability for personal income tax is only being formed and is unstable. Therefore, the subject of the study of this article is a comprehensive analysis of law enforcement practice in the field of determining the actual tax liability of individuals for personal income tax.

Purpose of the study is to dare to solve the enforcement problems that arise when determining the actual tax liability of individuals for personal income tax.

The methodology. The authors uses the formally legal interpretation of Russian legislation, comparative analysis of Russian and European literature as regards the determination of a valid tax liability.

The main results, scope of application. The authors analyzed the concept of "valid tax liability", and also studied the problems of determining the actual tax liability in the context of the law enforcement practice of the Supreme Court of the Russian Federation. Based on law enforcement practice, the main problems in determining the actual tax liability are highlighted, to which the authors attribute the incorrect qualification of the object of taxation, the incorrect qualification of the nature of the taxpayer's activity and its status, as well as the incorrect determination of the taxpayer's tax base. The article also touches on the main problems in the reimbursement of the amount of overpaid personal income tax.

Conclusions. When determining the taxpayer's actual tax obligation to pay personal income tax, the tax authorities are guided by a "pro-budget" goal, seeking to increase the tax base due to incorrect qualification of the taxable object, the status of the taxpayer, or questioning the nature of its activities, which leads to the formation of arrears and forms the composition of an administrative offense.

In an effort to restore their violated rights, an honest taxpayer goes to court for protection, where, unfortunately, in the vast majority of cases, they face the formal approach of the courts, which do not reveal either the economic essence of the dispute or properly consider the circumstances of a particular case. Taking into account the above circumstances, the authors draw conclusions about the existence of legal gaps in the system of Russian law in the field of taxation, which they propose to fill by fixing the concept of "valid tax obligation" in the relevant Resolution of the Plenum of the Supreme Court of the Russian Federation. As an example of such replenishment, the authors propose to supplement paragraph 7 of the Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation of October 12, 2006 No. 53 "On the assessment by arbitration courts of the validity of the taxpayer's receipt of tax benefits", indicating the need to establish a valid tax obligation of the taxpayer, including personal income tax.

The research project aims to find the most optimal solution to develop the current level of taxpayers' guarantees in the tax treaty disputes resolution procedures.

The subject of the article is the analysis of the case law of the European Court of Human Rights on application and interpretation of Article 6 “Right to a fair trial” of the European Convention on Human Rights in the context of the tax treaty disputes resolution procedures.

The Author believes that the standard of protection of human right to a fair trial can be used as a starting point for the development of a taxpayer protection standard in the tax treaty disputes resolution procedures.

The methodology of the research includes the logical and analytical methods, such as analysis and synthesis, induction and deduction, as well as formal legal interpretation of the European Convention on Human Rights and the case law of the European Court of Human Rights.

The key findings are the following. Currently, the international tax disputes resolution procedures under tax treaties based on the OECD / UN Model Tax Conventions are contrary to Article 6 of the European Convention on Human Rights. The mutual agreement procedure, which provides the taxpayer with the opportunity personal participation, could eliminate such a contradiction.

The main results, scope of application. The study showed that two approaches in relation to application of the Article 6 of the European Convention on Human Rights to tax disputes can be defined – (a) formal and (b) “substantial”.

Formally, the guarantees of Article 6 of the European Convention on Human Rights do not apply to taxpayers in tax treaty disputes resolution procedures, i.e. mutual agreement procedure and arbitration, at least as long as a taxpayer has access to the national court of one of the contracting states to protect the violated rights. Under the case law of the European Court of Human Rights cross-border tax disputes are not typical category of disputes. At the moment the European Court of Human Rights does not express a position on the merits of such disputes with reference to the wide discretion of states in the field of taxation.

Nevertheless, according to the “substantial” approach it is necessary to extend guarantees of the right to a fair trial to taxpayers in the tax treaty disputes resolution procedures. This conclusion is based on the fact that the national courts cannot be treated as an effective means of protection of the rights of taxpayers as it is determined by the Article 13 of the European Convention on Human Rights. This approach is in line with the trend set by EU Directive 2017/1852 on tax dispute resolution mechanisms in the European Union, as well as the idea of foreign researchers to develop a global standard for protecting the rights of taxpayers.

In the Author’s view, compliance with the fair trial guarantees requires provision of direct participation of the taxpayers in the tax treaty disputes resolution procedures. In this case, the taxpayer will receive the opportunity to be heard and to review all the evidence and procedural documents on the case. The participation of the taxpayer will mitigate the key drawback of the mutual agreement procedure - the lack of a guarantee of a final decision on the case. This is especially important for those states that do not use arbitration, such as Russia.

The main conclusion is that the application of the standard of protection of human right to a fair trial in relation to the taxpayers in the tax treaty disputes resolution procedures is an efficient way to develop the current mutual agreement procedure and arbitration and to increase the confidence of taxpayers in these mechanisms.

The subject. The article examines the antimonopoly regulation of relations arising in the course of the activities of modern companies that ensure the operation of certain digital online platforms. The development of digital information technologies has led to the emergence of various new forms of economic and social communications. These forms include, among other things, digital technological platforms operating on the Internet and representing a kind of platform within which information interaction of various subjects takes place, related to the implementation of their professional activities or interpersonal communication. In this regard, the law faces the task of ensuring effective regulation of relations that are formed in the context of the development of electronic market systems and digital services. An important role in this should be assigned to antimonopoly legislation, since the possession of large data sets and the latest information technologies can lead to companies trying to use their resources to violate the rights of other subjects.

The aim of the study is to determine the legal essence of the Internet platform and to identify possible features and limits of antimonopoly regulation of the activities of companies that ensure their work, including taking into account the current Russian and foreign legislation and law enforcement practice in this area.

Research methods are formal – logical interpretation, systemic method and comparative analysis.

The main results, scope of application. Digital technological platform is a complex phenomenon that includes various results of intellectual activity, both subject to and not subject to legal protection, including computer programs, databases, as well as technical means, ensuring the functioning of the digital platform. In addition, the analysis of Russian antitrust legislation and the theory of civil law led to the conclusion that the existing exemptions from the scope of the rules on the prohibition of monopolistic activities established for holders of exclusive intellectual rights could significantly complicate the application of antitrust rules to digital companies that are copyright holders results of intellectual activity that are part of the Internet platform. At the same time, the currently established law enforcement practice actually follows the path of limiting these antimonopoly immunities, despite their legislative consolidation, which is hardly justified. On the other hand, the existence of broad antitrust immunities is also unfounded. In order to bring the antimonopoly legislation in line with the needs of the emerging digitalization relations antitrust immunities are subject to limitations.

Conclusions. There are new criteria for determining the dominant position of digital companies in the relevant markets, which include network effects, large user data and significant barriers to entry into the market.

The subject of the article is scientific ideas that determine the essence and content of the system of public administration entities that ensure the administrative and legal regime of special economic zones. The author analyzes constitutional norms and provisions of legislative and subordinate acts that form the legal basis for their organization and functioning, the practice of their application.

The purpose of the article is to scientifically substantiate the improvement of the system of subjects for ensuring the administrative and legal regime of special economic zones in order to increase the level of their interaction and the progressive economic development of the respective territories.

The methodology. The author uses general scientific methods were used (formal-logical, systemic-structural and dialectical methods), as well as private scientific methods, such as the formal-legal, comparative-legal method, the method of interpretation of legal norms.

The main results, scope of application. The article reveals the current state of the legal regulation of the system of subjects of public administration of special economic zones in terms of correlation with the new constitutional norms on public authority, characterizes public administration in special economic zones from the point of view of the systemic unity of its constituent elements. The article reveals the shortcomings of this system from the standpoint of completeness, the state of interrelations between its various elements, which cause a decrease in the investment attractiveness of special economic zones, which do not contribute to the creation of new industries and the production of competitive products.

The paper substantiates the need to develop a balanced model of organization and functioning of the corresponding legal regime developed with the participation of business representatives. The article proposes a more complete version of the system of subjects of public administration in comparison with the statutory one, including not only those that form a single centralized management system, but also others - the executive and administrative bodies of municipalities, as well as collective formations that are not included in the system of state bodies. and municipal authorities (supervisory boards, expert councils). Based on the identified shortcomings in the organization of expert councils of special economic zones, the article formulates scientifically based proposals for improving the current legislation.

Conclusions. It is necessary to bring the Federal Law “On Special Economic Zones in the Russian Federation” into line with the new provisions of the Russian Constitution on public authority. It will let legalize the existing system of public administration of special economic zones,. Rules on the special economic zones administration should be set out in a chapter entitled “Peculiarities of Implementation public authorities in special economic zones”. The idea was formulated to describe in the proposed chapter a list of all subjects of public administration of special economic zones - the Russian Government, the authorized federal executive body, authorized executive bodies of the constituent entities of the Russian Federation, executive and administrative bodies of municipalities, management companies, supervisory boards and expert councils and determine the powers of each of them.

The subject. Foreign investments in the economy of states play an important role. As a consequence, priority should be given to the protection of foreign investments and the creation of favorable and stable conditions for the investors activities. This is especially important in cases of an unfavorable political environment, various internal and external conflicts. Crossborder investment activity is risky, and one of the possible risks is the nationalization (expropriation) of the property of foreign investors by the state-recipient of investments. This method of seizing private property is regulated by the state both at the international legal level and at the national level. The institution of (nationalization) expropriation of the property of foreign investors has its own specifics in Russian legislation in terms of terminological features and legal regulation with certain problematic aspects inherent in it.

The purpose of the article is to determine the content and correlation of the concepts of "nationalization" and "expropriation" in Russian law; to describe the main international approaches to regulation of these issues as well as Russian model. The authors try to describe the existing problems inherent in this institution in private international law in general and in Russian legislation in particular and suggest possible ways to solve them.

The methodology. The research was carried out using formal-logical, systemic, comparative, formal-legal methods, analysis and synthesis.

The main results, scope of application. The content and correlation of the concepts "nationalization" and "expropriation" in Russian law is determined, it is proposed to consider them synonymous. International approaches to regulating the nationalization (expropriation) of the property of foreign investor are examined. The regulation of this institution in Russia is considered; certain problems inherent in nationalization (expropriation) are investigated, possible ways to solve them are suggested.

Conclusions. It is now necessary not only to create conditions for attracting foreign investments, but also to ensure their safety in view of the development of cross-border investment activities. In particular, this can be achieved by establishing a detailed regulated procedure for the nationalization (expropriation) of the property of foreign investors, providing guarantees of compensation and legality in such seizure of their property. The institution of nationalization (expropriation) of property in private international law should be considered as one of the possible risks in the implementation of investment activities, which means that states should take measures to minimize risks in order to increase investment attractiveness. It can be achieved through detailed legislative regulation at the national level and a conclusion of international treaties (the “force of law” should be upheld, not the “law of force”).

The subject of the research is the problem of constitutional nihilism in views of Russian citizens.

The purpose of the article is to confirm or disprove a hypothesis about a strong influence of constitutional nihilism in the Russian Federation on people mind. The research was made to identify the most and least dangerous forms of constitutional nihilism existing in the territory of the Russian Federation also.

The methodology. The public opinion poll was conducted in Google Forms. The research consists of 15 open and closed questions. 1078 respondents from 28 constituent entities of the Russian Federation took part in the poll. They represent all eight Russian federal districts.

The main results, the scope of application. Over 70% of respondents have a negative stance on constitutional nihilism especially after the approval of the last Constitutional Amendments in 2020. According to the public opinion poll, the majority of respondents evaluate the Russian Constitution of 1993 as positive. 67,1% of respondents agree that constitutional nihilism came from western countries and only almost a quarter of respondents stated the nature of constitutional nihilism as native Russian. 64,4% of respondents choose constitutional reform as the most dangerous form of constitutional nihilism. 62,1% of respondents choose the forming of unconstitutional legal awareness as the most dangerous form of constitutional nihilism and 49,8% choose authorities’ discredit as it. The least dangerous forms of constitutional nihilism according to public opinion pall are a civil war (39,7%) and constitutional fiction (31,6%).

Conclusions. The results reveal a high level of unconstitutional legal awareness in Russian society. The author has confirmed its hypotheses and discovered the most and the least dangerous forms of constitutional nihilism. The author plans to repeat the research the next year and cover people from more Russian constituent entities.

The subject of the article is the right to life interpretation issue, as well as the definition of the term "life" applicable in the legal field, the study of the problems of establishing of the constitutional right to life realization moment and its loss. This is necessary due to the formalized nature of law and the unification of the legal categorical apparatus, controversy in the scientific community, as well as the lack of a holistic understanding of the moments of its origin and loss, which will improve modern legislation in the field of protecting the right to life, eliminate existing contradictions.

The purpose of the study is to confirm or refute the author's hypothesis about the moment of the emergence of the right to life and its termination as processes interrelated with the context and society. The author interests how this moment is fixed in current Russian legislation as well as in international legal norms and the constitutions of some foreign countries.

The methodology. The following general scientific and special methods of cognition were used in the work: dialectical, systemic, historical, comparison, analysis and synthesis, formal legal and statistical methods. The method of comparison was used in the analysis of the texts of constitutions in order to consolidate the moments of the emergence and loss of the right to human life. The formal legal method made it possible to identify contradictions in the legislation of Russia in terms of issues related to the emergence and loss of the right to life. The use of these methods in combination with the latest achievements made it possible to identify and analyze the content, essence and features of the emergence and loss of the human right to life in the Russian Federation and foreign states.

The main results, scope of application. Within the framework of the scientific and practical problem the author considers various approaches to the right to life emergence and loss moments, identifies the main problems of the current legislation of Russia and compares it with international legal norms and the constitutions of some foreign countries in order to fix the right to life emergence and loss the moments.

Conclusions. The moment of the occurrence of the right to life must be recognized as a birth of viable infant, and the moment of loss of the right to life – the onset of his death. The right to life of a premature newborn, including those with extremely low body weight, as well as those with certain complications, is realized by providing him with full medical care.

Introduction. The reasons for the return of the criminal to the scene of the crime are analyzed using the plot of F.M. Dostoevsky's novel "Crime and Punishment", based on the theories of Freudianism and reflexology. The episode in that Rodion Raskolnikov returns to the crime scene became the reason for the author's long years of reflection on the criminal’s behavior mechanisms.

The purpose of the study is to conduct a psychological analysis of Raskolnikov's behavior when he returns to the crime scene through the theories of Z. Freud and A.V. Dulov.

The methodology. The author uses reflexology theories of I.P. Pavlov, V.M. Bekhterev, I.M. Sechenov, A.A. Ukhtomsky, the theory of person’s relations of V.N. Myasishchev, the theory of A.V. Dulov, the theory of Z. Freud, principles of systemacity, unity of consciousness and activity, causality, pleasure-displeasure, content analysis of Dostoevsky’s novel. The author uses empirical observations based from his own practical work in law enforcement.

The main results, scope of application. An analysis of the determinants of the return to the crime scene of the main character of the novel "Crime and Punishment" through the psychoanalysis and reflexology was being undertaken for the first time. Based on the theory of A.V. Dulov about the impact of criminal activity on the increase in the mental stress of the criminal and guided by the theory of Z. Freud on the principle of pleasure-displeasure the author demonstrates on the example of Raskolnikov’s behavior that one of the reasons for the return of the criminal to the crime scene is the need to relieve mental stress determined by the consequences of the crime and getting pleasure from the discharge of an overstrained nervous system. This research is important both for theory and for law enforcement practice. The psychological analysis of criminal behavior outlined in the article will allow employees whose profession is related to solving crimes to look into criminal’s inner world, to predict the consequences of the crime that can be expressed in return of the criminal to the crime scene.

Conclusions. The analysis of Rodion Raskolnikov's criminal behavior shows the psychological and criminological nature of the Dostoevsky’s novel. It can be argued that in the active activity of the criminal, after the commission of a crime, there is both a conscious and unconscious search for a mental discharge of an overstressed nervous system.

RETRACTED ARTICLE

The subject of research is the implementation of covert activities in criminal proceedings through the prism of international acts, decisions of the European Court of Human Rights.

The purpose of the work is to formulate common standards for ensuring the legality of implementing covert activities in criminal process through the prism of legal positions of the European Court Of Human Rights.

The methodological basis or research isthe totality of general and special scientific methods of scientific cognition. The formal-legal (legal-technical) method was used to study the rules of law, to analyze the features of legal technique; and the hermeneutical method revealed the legal content of the norms, legislative proposals and defects in legal regulation. The statistical method helped to generalize judicial practice of ECHR. While building up the system of the standards for the ensuring the legality of implementing covert activities in criminal process we used the system-structural method.

The main results and conclusions. The analysis of the legal positions of the ECHR made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:

– predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;

– warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;

– verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;

– exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too complicated;

– proportionality of the intervention and its expediency. The essence of this standard is that the implementation of certain covert coercive actions that are associated with the restriction of human rights and freedoms must be proportionate to the goals for which such actions are directed. Moreover, these goals and the applied coercion must be necessary in a democratic society;

– inadmissibility of tacit interference in the communication of some subjects. First of all, this requirement concerns the need to legislatively guarantee non-interference in communication between a lawyer and his client, a priest and an accused, etc., which means a ban on targeted control over the communication of certain subjects, as well as the obligation to destroy information obtained in the course of an accidental, situational interfering with their communication.

The subject of research. In 2005, a new institution for exclusion of a legal entity from the Unified State Register of Legal Entities by decision of the registering authority (or, as it is also called "administrative termination of a legal entity"). Subsequently, as a result of a number of changes, including the Civil Code of the Russian Federation, introduced by federal laws in 2014, 2015, 2016 and 2019, this institution was formed in the form in which it currently exists Its importance, at first more technical, has increased significantly after the changes in 2015, when this institution began to be used to conduct a large-scale "cleaning" of the Unified State Register of Legal Entities from inactive legal entities. As a result, millions of legal entities have been excluded from the Unified State Register of Legal Entities in recent years. In addition, the range of situations in which this institution began to be applied has expanded. Accordingly, the increase in the number of disputes is due to the fact that such exclusion affects the rights and interests of many persons (creditors, participants of excluded legal entities, members of their governing bodies). These disputes have often been the subject of close attention of the Russian Constitutional Court (the latest example is the decision of the Russian Constitutional Court of May 21, 2021 No. 20-P). The article examines the goals of this institution, its development, shows the most problematic situations related to the application of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities.

The purpose of the article is to identify the main problems of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, as well as formulate the main directions for changing this institution. The author's main scientific hypothesis is that during the development of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities, its original goals were lost. New goals and meanings were also formulated (in the legal positions of the Constitutional Court of the Russian Federation), which eventually (taking into account the significant shortcomings of the exclusion procedure itself) lead to violation of the rights of a significant number of interested persons. The author believes that in the development of this institution there is clearly a disproportion in terms of its application in relation to limited liability companies and persons controlling such a company. The author also notes the lack of a unified concept of the institution of exclusion from the Unified State Register of Legal Entities, since along with the administrative procedure for the termination of legal personality, the legislation also recognizes the judicial procedure. Description of research methods and methodology. The research is based on a systematic analysis, as well as the use of methods of interpretation developed in the doctrine.

The main results, scope of application. The goals of creating the institution of exclusion of a legal entity from the Unified State Register of Legal Entities are established, the development of this institution is shown taking into account the legal positions of the Russian Constitutional Court, judicial practice, conceptual provisions on reforming civil legislation.

Conclusions. There is a need for a complete renovation of the institution of exclusion of a legal entity from the Unified State Register of Legal Entities. The main directions for improving the institution of exclusion of a legal entity from the Unified State Register of Legal Entities are formulated.

The subject. Study focuses on the problem of conservation and efficient use of agricultural land. It is important for any state, but it is especially relevant for Russia, given the size of the country’s territory and the large proportion of arable land. Statistics shows a tendency to reduce the total area of arable land. This trend is especially alarming for the Krasnodar Region, the granary of Russia. In this regard, the scientific analysis of judicial and arbitration practice in cases related to the use of agricultural land is relevant. It is important to see the trends emerging in law enforcement and assess their importance for solving the overall task of preserving agricultural land.

The purpose of the study is to identify a scientific civil basis for improving both legislation and law enforcement practice. The author puts forward a scientific hypothesis that a new stage of civil legal regulation should offer both the legislator and the judicial authorities a new idea that can be productively used, among other things, to solve the problem of conservation and efficient use of agricultural land.

The methodology. The following methods were used in the research: general scientific dialectical, universal scientific methods (analysis and synthesis, induction and deduction, comparison, abstraction, formal logical, system-structural), special legal methods (comparative legal, method of system interpretation, method of legal modeling.

The main results, scope of application. The author describes the prospects of using a socially oriented model of civil law regulation. Such a functional approach brings to the fore a social obligation, the presence of which should be assumed in the content of each subjective civil right. The argumentation of social responsibility as an element of subjective law acquires special significance in relation to civil rights to land plots. In their implementation the perspective value is not the autonomy of the will and the power of the owner, but the preservation of the value of the land, including its fertile qualities, as well as the development of social relations in which the lands of this category participate. The theoretical idea of the social orientation of civil law regulation is of great importance for the emerging law enforcement practice, since it sets before the courts the task of considering social interests, including, of course, the general interest in preserving agricultural lands, including especially valuable and productive lands.

Conclusions. A theoretical basis (scientific idea) is proposed for improving civil legislation and law enforcement practice, which can be fruitfully used for the conservation and effective use of agricultural land.

The subject. The introduction of electronic technologies into management processes has led to the need to regulate the issues of the use of electronic personnel document management (further - EPDM). In the spring of 2020, Russia was conducting a legal experiment on the use of electronic documents related to work. As part of this experiment, according to the rules established by federal law, individual employers voluntarily refuse to issue certain types of personnel documents in paper form. It concerned employment contract and other contracts with an employee (on financial responsibility, apprenticeship), a vacation schedule, employee statements, as well as regulatory and organizational and administrative documents of the employer on labor (orders on admission, dismissals, penalties, etc.). The results of this experiment became the basis for the introduction of appropriate amendments to the Labor Code of the Russian Federation.

The main purpose of the study is to develop recommendations for improving the current labor legislation for the legalization of electronic personnel document management as part of a system of measures to achieve the maximum balance of interests of employees and employers.

The main methods of the research are the analysis and generalization of judicial practice on labor disputes related to the evaluation of electronic evidence, the practice of using electronic personnel document management by individual employers, both participating and not participating in the legal experiment conducted at the federal level.

The main results, scope of application. The preliminary results of above mentioned experiment have been summarized and an assessment of the validity and potential effectiveness of the draft law submitted to the Russian Federal Assembly has been given. The authors propose the results of a critical analysis of the interim results of the legal experiment on the introduction of EPDM. The authors demonstrate the pros and cons of electronic document management in terms of the readiness of the current legislation for it, as well as subjects of labor relations. The innovations of the prepared draft law on the introduction of a new article 22.1 to the Russian Labor Code as well as its positive aspects and some shortcomings are considered. Not only legal and technical shortcomings are indicated, but also some fundamental substantive contradictions. For example, a negligent attitude to the involvement of employees in making managerial decisions in the social and labor sphere due to the establishment of a trade union monopoly in a number of issues of social dialogue when introducing electronic personnel document management. The draft law does not consistently address issues related to security, enhanced qualified signature and the costs associated with obtaining it by an employee. The modern attitude of Russian courts to electronic evidence in labor disputes is demonstrated by the example of judicial practice. These examples demonstrate the most pressing issues of the introduction and use of EPDM, which need to be resolved at the legislative level. There is a need for effective protection of all participants in labor relations in the context of the development of digital technologies and their implementation in the daily life of each person.

Conclusions. Adoption of new federal law regulating EPDM was necessary to establish general rules for employee-employer interaction in the digital environment, as well as for legalization of the exchange of electronic documents as a way of labor management.

The subject of the study is the literary and spiritual heritage of F. Dostoevsky.

The article is aimed at analyzing the need for spiritual and moral reform of modern states and the world order.

The research methodology includes historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, ascent from the abstract to the concrete.

The main results, scope of application. Dostoevsky brilliantly showed that the basis of society is love, that love implies freedom because it has divine-human nature. For the modern reorganization of the world, it is important to see the innermost essence of human being in freedom according to Dostoevsky. Individual status and freedom cannot be sacrificed to technology, the public needs, or the interests of the digital revolution. It is good when society relies, as Dostoevsky taught, on the Law of Christ, which becomes the inner nature of man, on the spiritual and moral traditions of the people, is built on the dignity and freedom of the individual, kindness and compassion. The freedom of the individual is the basis and principle of life of both the individual and any people. The basis of a common life should be love between individuals, and not external laws or the interests of society as such in order for the complicity of the individual in the life of society not to diminish individual dignity. At the same time, Dostoevsky consistently points out the irrationality of the nature of the individual, the impossibility of comprehending its meaning and place in society and the state by means of logical calculations only. Dostoevsky showed the futility of efforts to find an ethical criterion for the structure of a person's fate outside of religion. Even true knowledge can only be spiritual, it is identified with faith. Church membership, belonging to the Church, directly opposes egoism, which is sinful according to Dostoevsky. In terms of the development of the modern state and law these postulates imply the importance of this constitutionalization of spiritual and moral principles and institutions in the moral state, creation of constitutional bodies of spiritual and moral supervision over public power. And finally, in nation-building, it is important that its foundation remains reasonable. Following a tradition that embodies the cooperation of God and man presupposes a careful attitude to historical memory, the ability to renew within the framework of preserving the whole past.

Conclusions. Any approach to states and the world order must be based on the principle of the divine-human nature of the individual, signifying his immutability and inviolability. Reflections on the spiritual and moral features of Russia, revealed by Dostoevsky, have a universal meaning and are especially important for the development of modern states and the world order.