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Vol 8, No 3 (2024)
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THEORY AND HISTORY OF LAW ENFORCEMENT

5-14 304
Abstract

The subject of the study is the criminal procedural legislation of the Soviet period. The purpose of the article is to highlight and characterize the stages of codification of all-Union criminal procedure legislation. The stages are highlighted taking into account changes within the two-level structure of sectoral legislation, which reflect the evolution of the Soviet state and law. All-Union codified acts were designated by the term Fundamentals. The article proves that in the conditions of a federal state, the optimal structure for criminal procedural legislation included the all-Union Fundamentals and the Republican Code. Attempts to compile a Criminal Procedure Code of the USSR were unsuccessful. The main research methods are the comparative legal method and the formal legal method. They were used to analyze and compare regulations and proposed projects. The chronological method was used to highlight the stages of codification of the all-Union criminal procedural legislation. The institutional method made it possible to consider criminal proceedings as an independent branch related to public law. Based on published and archival sources, the reasons, conditions, stages and results of codification are explored. For the first time, projects of the USSR Code of Criminal Procedure were identified and analyzed.

Two stages of codification activity are identified, the border between them being the Constitution of the USSR of 1936. At the first stage, the Fundamentals of Criminal Proceedings of the USSR and Union Republics of 1924 were approved. The foundations were based on the provisions of the Code of Criminal Procedure of the RSFSR of 1922. At the second stage, significant efforts were spent on drawing up the Code of Criminal Procedure of the USSR. The activities of special commissions involved in the preparation of the USSR Code of Criminal Procedure in the 1930-50s are considered. The termination of the development of the USSR Code of Criminal Procedure had political reasons not related to the quality of the projects. Positive results of codification activities are shown. The drafting of the USSR Code of Criminal Procedure contributed to the development of the theory of codification and the doctrine of criminal procedure legislation. Project materials were used in the preparation of the Fundamentals of Criminal Procedure of the USSR and Union Republics of 1958 and the Code of Criminal Procedure of the RSFSR of 1960.

A conclusion is made about the high continuity of basic norms and institutions in the codified acts on criminal proceedings of the Soviet period. The study provides an example of the construction and development of the vertical structure of legislation in a federal state.

15-24 187
Abstract

Introduction. Against the background of the ongoing fragmentation of science, the changing images of science and scientists in the minds of man and society, discussions around categories with great potential for integrating diverse knowledge are becoming relevant again. These include the concepts of "science" and "law".

Purpose. The purpose of this article is to consider the crisis of the previous understanding of the law as a stable causal relationship in the social sciences and humanities.

Methodology. The following methods were used: discourse analysis, realistic and nominalistic approaches in philosophy, dialectics, determinism and stochastics in economics, interdisciplinary research, systemic legal and comparative legal approaches, system analysis.

Results. The paper presents examples of the gradual disappearance of "laws" from philosophical and economic discourses, despite the previous orientation of social and humanitarian sciences to natural science and exact sciences as "reference". However, the complexity and variability of economic phenomena leads to the destruction of the previous clear functional dependencies. In turn, the ontology of modern economics is beginning to include an increasing use of various narratives. The opposite direction, which contains an attempt to preserve the previous understanding of the "law", is "econometricianism". The main area of use of the "law" remains the legal sciences, but here too the paradox of the "non-legal law" appears. Law, as a historical phenomenon, is directly related to ethical imperatives and the problem of legitimation. Social changes lead to the fact that the scope of "illegal laws" is expanding and threatens the existence of the institution of the state.

Conclusion. In conclusion, the kinship of the previous concepts of the "myth" is noted. The topic of law is discussed together with the concept of myth with a social construct, and social reform with myth—making. Humanitarians working in their fields do not discover, but create laws, influencing the forms of society: legal regimes, methods of economic exchange, forms of social communication. Thus, it is productive to shift the focus of the discussion from the laws of the relevant disciplines to the rules of communication of scientists in these disciplines. It is the humanities and social scientists who have a decisive influence on the process of legitimizing new laws, regardless of the personal motives of their own activities.

25-33 257
Abstract

The problem of the relationship between law, legality and social justice is one of the fundamental problems of legal theory and law enforcement practice.

The purpose of the study is to assess the problem field in the relationship between the principles of legality and social justice in domestic law enforcement practice and to substantiate the key role of the principle of social justice in its further development. The authors proceed from the position that the theoretical and practical experience of posing and interpreting this problem, accumulated in the history of world and Russian legal science, is an epistemological and worldview resource that has not only theoretical, but also quite practical significance.

Methodology. Analytical methods were used to study the relationship between legality and social justice, historical-retrospective and hermeneutical methods in revealing the semantic meaning of these concepts, as well as a dialectical method in interpreting existing contradictions in their law enforcement practice.

Results. The article, taking into account the current two main trends - on the one hand, towards “de-ideologization” and, on the other hand, towards “re-ideologization” of legal science - examines the relationship and interpretation of such concepts as “legality”, “law”, "legal proceedings", "social justice" in modern scientific (legal) discourse and in law enforcement practice. The development of the semantic content of the principle of social justice is shown through the concepts of “justice” (Aristotle), “moral perfection” (B.A. Kistyakovsky), “decent human existence” (P.I. Novgorodtsev), “proportionality” (A.F. Koni) etc. Based on a comparison of different theoretical and methodological approaches to defining these concepts, their content and role in law enforcement practice are revealed. A provision has been formulated on the need to expand openness and public principles in improving legal proceedings, since the encountered practice of closed legal proceedings does not correspond to the principles of openness and publicity. The problematic issues of the comprehend theory of law associated with the blurring of the concepts of “legality” and “social justice” in the context of existing ideological pluralism are revealed. In connection with the anniversary – the 180th anniversary of the birth of the outstanding Russian lawyer A.F. Koni, his contribution to the development of ideas about legal morality and judicial ethics is shown. In particular, his idea about the “spirit of legality”, that the “truth of life” should be higher than the “legal truth”.

Conclusion. Taking into account the influence that ideology has on the law, a position has been formulated on the need to form a unified ideological view in determining socially fair legal content and its clear legislative codification. The main trends in the development of modern scientific ideas about the relationship between ideology and law have been identified. The thesis about the key importance of social justice in the development of law and legality is substantiated.

34-43 219
Abstract

Sweden has a long history of being a monoconfessional state. However, in the 20th – 21st centuries the composition of Swedish society has changed, leading the country into a crisis caused by the policy of ignoring the needs of ethnic and religious minorities. In recent years, multidisciplinary research works have been focused on finding a ground of the current social and political destabilization in this country caused by on-going religion- and ethic-based conflicts between its nationals. Some of them suggest that Sweden is not a secular but a clerical state, others – that there is a gap in its legislation.

The author of the article offers another point of view, according to which, the Swedish law enforcer distorts the constitutional and legal meaning of the provisions on religious freedom that occurs under the influence of historical specifics of the development of Swedish law, hence the lack of uniformity in law enforcement practice for the implementation of this fundamental human right.

The subject of the study is the norms of the legislation of Sweden, including historical legal acts and documents, as well as relevant court cases and key findings of domestic and foreign research works.

Objective: to prove the influence of historical specifics of the development of Swedish law on the current legal enforcement practice under which the distortion of the constitutional and legal meaning by the Swedish law enforcement takes place.

Methods: the author employs a combination of general (content-analysis, case-study, formal logical method, generalization etc.) and private scientific methods (formal judicial methods, concrete sociological method of studying state and legal phenomena etc).

Results: The obtained results demonstrate that Swedish law enforcement has been given an opportunity for a broad interpretation of constitutional norms. The author identifies the distortion of the constitutional and legal meaning in provisions that provide a special status to followers of the evangelical faith, on the one hand, and a partial ban on religious and ethnic minorities from expressing their confessional affiliation, on the other. The analysis of specifics of the development of Swedish law demonstrates the possible ground of the existing constitutional inequality is the historically discriminatory nature of the legislation in relation to followers of other religious cults. These results can be used as a foundation for future research in the field of realization of religious liberty in multicultural states.

THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES

44-52 206
Abstract

The features of the hybrid law enforcement regime in the field of employment, labor and social protection are considered. Russia and the whole world have entered an era of turbulence, when customary and even emergency legal regimes that have been developed over decades do not allow us to respond effectively to challenges, regulate public relations and protect the rights and freedoms of legal entities in response to changes in the current situation. The traditional systematic approach to legal regulation using blocks of legislation formed in advance as a reaction to the situation changing in one direction or another often does not justify itself and each time requires a creative and individual, rather than template, approach from the law enforcement officer to the selection of used tools and norms of different legal regimes , which requires active rule-making to fill emerging gaps. Avoiding complex legal regulation adds originality to rulemaking and law enforcement in the early 2020s, the general direction of which is to accelerate the creation of rules of conduct in the field of labor, employment and social protection by increasing the role of the Government, speeding up the lawmaking process, expanding regional rulemaking, and giving greater legitimacy to the instructions of officials in comparison with documented acts. The legislator has consistently optimized the legal technique of preparing and adopting laws that meet the needs of operational support of a special military operation with labor legal means. The growth of regional rule-making in the field of social protection requires the elimination of shortcomings and unification at the federal level. A noticeable phenomenon was in a number of cases the replacement of written administrative acts with instructions from a senior official. The legal regimes formed in this way - aimed at countering the spread of the coronavirus COVID-19, accompanying the conduct of a special military operation, etc., can be called hybrid or constructed – assembled from various legal elements and do not form systems sufficient to achieve an integration-entropy balance. Moreover, for this design, elements of normatively established special legal regimes are used, which, however, have undergone significant transformation - a self-isolation regime instead of mandatory quarantine measures, special measures in the economic sphere instead of special economic measures established by presidential decree; mobilization – but partial. All this points to the 2020s as a period of hybrid law enforcement, when elements of other emergency regimes are used to construct the current law enforcement regime, but not in combination, while avoiding measures that entail a radical and total violation of civil rights and freedoms. At the same time, accelerated law-making clearly indicates that the array of norms that have been created over decades is insufficient to regulate the current agenda.

53-61 178
Abstract

An analysis of the experience of ombudsmen in foreign countries will identify the most effective methods and approaches in protecting the rights and freedoms of citizens, as well as the problems and difficulties faced by these institutions. It is important to note that the functions and powers of an ombudsman may vary significantly from country to country. The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities. The study and analysis of foreign experience will make it possible to develop recommendations for improving the work of The High Commissioner for Human Rights in the Russian Federation and take into account international standards in the field of protection of human rights and freedoms.

The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities.

We will consider these issues using general scientific methods, such as analysis, synthesis, deduction, induction, analogy, comparison, abstraction. In addition, the scientific article used specific historical, systemic-structural, functional, comparative legal, formal legal research methods, predetermined by the characteristics of the object and subject of scientific research, its purpose and objectives.

Until now, not enough attention has been paid to analyzing the possibility of giving a mandatory character to the institution of The High Commissioner for Human Rights in the Russian Federation. This means that its decisions and recommendations must be binding on other government bodies. This, in turn, can significantly increase the efficiency of this institution and improve the situation with the protection of human rights in the Russian Federation.

62-71 243
Abstract

The subject. Legal support of social guarantees for persons employed in the gig economy: russian and foreign experience

The purpose of the article is to reveal the features of providing social guarantees to gig workers, as well as protecting their rights through the institution of trade unions, to give the concept of “guarantees of gig workers”, “social guarantees of gig workers” The methodology includes systematic approach, comparative method, formal-logical method, formal-legal method, analysis, synthesis.

The main results of the research. The situation of gig workers appears to be less protected in terms of their rights and the guarantees provided to them. In this regard, there is a need to determine what social guarantees should be provided to which categories of gig workers, as well as possible measures of social protection for such persons. There is a need to once again ensure the rights of workers employed in self-employment or platform employment. A definition of guarantees for gig workers is proposed: guarantees are the means, methods and conditions by which the implementation of the rights granted to gig workers in the field of employment and their social security is ensured. Social guarantees for gig workers can be defined as a set of social and legal obligations of the state to workers employed in the gig economy (self-employment, platform employment), aimed at creating the necessary conditions for them to perform their work and meet their social needs and professional interests.

In cases where a gig worker is, in some respects, close in his legal status to an employee under an employment contract (full-time work, etc.), his pension and social insurance should give him the maximum opportunity for social guarantees in case of temporary disability and in connection with retirement.

72-81 173
Abstract

Subject. The article analyzes a set of norms related to the legal regulation of personal income tax, corporate income tax, VAT, and other taxes, as well as the order of their collection (payment) from a bankrupt, depending on its organizational and legal form. The choice of the research object is due to the presence of problems related to ambiguous issues in taxation in bankruptcy proceedings.

The purpose of the study. The article attempts to comprehensively analyze the legal support of the current measures regulating the taxation of bankrupt organizations and individuals, current law enforcement practice, and the legal positions of the country's highest courts.

Methodology. The leading research method is a formal legal one.

Conclusions. The article reveals and concretizes a number of legal problems. The authors argue their own point of view on the taxation of bankrupt organizations and individuals, taking into account the practice of the highest judicial authorities, which, according to the authors.

It is concluded that there are grounds to talk about the formation of such a new legal institution of financial law as "public bankruptcy law".

82-91 340
Abstract

The subject. The article analyzes the existing practice of implementation and use of digital technologies at the municipal level. The choice of the research object is conditioned by the fact that currently most acts in the field of digitalization of public authority affect the federal or regional level, meanwhile, the digital transformation of local self-government has its own specificity, due to the peculiarities of this level of social management, which should be taken into account in the legal regulation.

The purpose of the study: identify the risks that have a negative impact on the process of digital transformation of local governance, and propose measures to minimize or eliminate the identified risks by legal means.

Methodology. The research utilized integrated and interdisciplinary approaches. The methodological basis of the study was formed by a set of methods of cognition, the main of which were: methods of formal and dialectical logic and analysis, comparative-legal and system-structural methods, as well as sociological methods of research.

Conclusions. The following conclusions were made based on the results of the research:

1.The main risks of introducing digital technologies in the activities of local government are: the risk of violating the security and confidentiality of personal data of citizens during their processing and storage in the digital systems of local government; the risk of cyberattacks, hacking or unauthorized access to information systems operated by municipal authorities; the risk of insufficient legal regulation of the introduction and use of digital technologies; the risk of using inappropriate or low-quality digital technology.

2.The following measures are proposed as measures to minimize the identified risks: systematic mandatory informing of both local government officials and the public on the correct procedure and liability measures for the implementation and operation of digital technologies, transmission, storage and processing of personal data, etc., which will contribute to the formation of the necessary level of legal literacy; revision of the system of penalties for deliberate violations in the field of operation of digital technologies by local government officials; organize control over the acts adopted by local government bodies with the involvement of the population and the use of digital technologies to receive feedback from the population on the acts adopted by local government bodies; develop and consolidate the principles and procedures for the introduction and use of end-to-end digital technologies in the activities of state and municipal authorities; provide for the possibility of revising any decision made in case of a technical failure that occurred in the course of the decision-making process; provide for the use of digital technologies in the activities of state and municipal authorities; and provide for the use of digital technologies in the activities of local government bodies.

92-101 189
Abstract

Subject. The article analyzes the current practice of applying legislation in the field of administrative responsibility, which is the result of changes in legislation in the field of state control (supervision).The choice of the research object is due to the need for systematic application of legislation in the areas of legal regulation under consideration, as well as the need to ensure uniformity in the practice of applying the Code of Administrative Offenses, which is due to the principle of equality before the law.

The purpose of the study. The article presents an analysis of current problems faced by courts. The results of the analysis of judicial practice and scientific approaches to solving the problems discussed in the article are presented.

Methodology. In the course of the work, the researcher was guided by a systematic way of interpreting current legal norms, as well as existing Russian scientific research in this area.

Conclusions. Based on the results of the study, norms were identified in the application of which uniformity was not ensured. In order to harmonize the legislation on state control (supervision) and the legislation on administrative offenses, it is proposed to take into account the scientific approaches that have emerged in the science of administrative law.

102-111 204
Abstract

The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.

The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.

The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public administration are procedural in nature. The assumption that the emergence of a legal process is connected not only with a protective legal relationship arising from noncompliance with obligations or the occurrence of other situations entailing the use of coercive measures, but also in order to ensure respect for the rights of participants in the process from abuse of power by persons making both interim and final procedural decisions is made. Ensuring the rights of participants in the administrative process is carried out by establishing specific administrative procedural actions, deadlines, administrative procedural decisions, procedural grounds for their adoption, etc. The legal process, including the administrative process, must be considered from the point of view of establishing the truth in the case, but at the same time guarantees must be provided that prevent the abuse of power by on the part of the ruling entity and the right on the part of all participants in the process. At the same time, administrative procedural regulation is aimed not only at establishing legal facts, comprehensiveness, completeness and objectivity of the consideration of an administrative case, but also at protecting the rights of persons involved in the case and ensuring their duties. Hence, the protective nature of administrative and procedural legal relations does not follow from the main substantive legal relationship, but from the corresponding purpose of protecting and ensuring the legitimate procedural rights and obligations of participants in the administrative process.

Administrative and procedural legal relations, realizing the regulatory function of law, are formed on the basis of regulatory norms that provide for administrative and procedural rights and obligations of relevant subjects in the consideration and resolution of administrative cases. In addition to the fact that administrative and procedural legal relations are regulatory, they also have a law enforcement character. The regulatory function of administrative and procedural law is expressed in the establishment of not only administrative and procedural actions that should (can) be committed by the subjects of administrative and procedural legal relations when initiating, establishing circumstances, considering an administrative case, but also in their specific sequence, timing of commission, as well as types of administrative and procedural decisions, etc. The protective function of administrative and procedural law is to protect the administrative and procedural rights and interests of all participants in legal relations.

Based on the above, the author comes to the conclusion that administrative and procedural legal relations are of a regulatory and protective nature.

112-121 196
Abstract

The article analyzes the legal nature of crypto assets in Russian legislation and the specifics of their taxation, focusing on the need to form a legal framework that promotes effective protection of the rights of participants in the turnover of crypto assets.

The methodological basis of the research is the dialectical method, the formal logical method, the formal legal method and the method of interpretation of law.

The lack of a unified terminology base in the field of digital economy in Russian legislation creates additional difficulties in creating comfortable conditions for the development of the crypto asset market. Currently used various terms such as “virtual assets”, “digital assets”, “crypto assets”, “cryptocurrency” are not fixed in the current legislation. At the same time, the terms existing in Russian legislation do not allow for effective regulation in the field of taxation and civil turnover, since they intentionally exclude the most common crypto assets from their scope. Without clear and unambiguous legal regulation, it is difficult to ensure proper control and taxation of transactions with crypto assets, which can lead to significant tax losses and a decrease in budget revenues.

Moreover, the concept of “digital currency” used in Russian legislation does not correspond to the generally accepted meaning in international practice and is mainly considered in an economic context, rather than in a legal one. Such a discrepancy in terminology creates additional difficulties for participants in the cryptocurrency market and creates obstacles to the formation of an effective legal framework for the regulation of the digital economy. According to the results of the study, it was concluded that the current approaches to the development of the terminological apparatus of the regulation of crypto assets have flaws, since they allow for a mixture of concepts and do not imply the formation of a clear hierarchy. The definition of “the digital asset” is proposed for the purpose of filling existing terminological gaps in the current legislation.

THE LAW ENFORCEMENT BY THE JUDGES

122-131 528
Abstract

The subject of this study is the main trends that have developed in judicial practice related to the assessment of the correctness of the interpretation of the norms of law by the court. The purpose of the study was to identify the main approaches used by law enforcement agencies, primarily courts, in assessing the possible existence of an error in the interpretation of the applied law by a lower court.

General scientific and special methods of scientific cognition were used in the research. Among them are analysis, synthesis, deduction, induction, the systematic method, the hermeneutical method and the legal-dogmatic approach. In particular, published court decisions were analyzed, scientific literature and current legislation were studied, after which conclusions were drawn about the state of law enforcement practice and the prevailing trends when considering by higher courts the issue of a possible error in the interpretation of the law committed by a lower court.

The main content of the article is the results of the analysis of judicial practice, the purpose of which was to identify the main trends in judicial practice related to the assessment of the correctness of the interpretation of the norms of law by the court. The practice of applying the provisions of the procedural codes of the Russian Federation, providing for the consequences of a misinterpretation of the provisions of normative acts by the court, is considered. As a result of the conducted research, the main problems that courts face when assessing the correctness of the interpretation given by their colleagues from the lower court were identified. During the analysis, special attention was paid to such aspects as the causes of erroneous interpretation, ways to detect and eliminate the identified error, and the consequences of making an error.

Based on the results obtained, conclusions were formulated, among which it is worth noting that judicial errors in the interpretation of normative acts are quite common. At the same time, procedural legislation regulates such situations in different ways in different types of legal proceedings. Having discovered a judicial error in interpretation, the higher court most often does not indicate specific norms that have been misinterpreted, but offers its own solution to the dispute. The errors of the courts in the qualification of those mistakes made by the lower courts were also noted.

132-141 400
Abstract

The subject. Paragraph 3 of item 26 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation (SAC) dated June, 22, 2012 No. 35 "On some procedural issues related to consideration of bankruptcy cases" has been interpreted by doctrine and judicial practice as establishing a higher standard of proof for certain disputes considered in bankruptcy cases. However, the SAC does not mention any standards; the court's explanations are dedicated to assessing the reliability of evidence coming from a person interested in the favorable case outcome. Therefore, before concluding that the SAC introduced standards of proof, its approach should be analyzed from the perspective of concepts long known to Russian procedural law, namely: "credibility in evidence", "source of evidence".

The purpose of the study. To determine whether paragraph 3 of item 26 of the Resolution of the Plenum of the SAC dated June, 22, 2012 No. 35 establishes any standard of proof. Methodology. Methods of analysis and comparison based on practice of the SAC, of the Supreme Court of the Russian Federation, of scientific research in the field of civil procedural law.

The main results of research and the field of their application. The approach of the SAC represents a specification of the universal thesis that credibility in evidence is linked to its source, in relation to bankruptcy cases. The addressed explanation cannot be perceived as introducing higher standards of proof for bankruptcy cases. Evidence is assessed based on properties of its source when resolving any civil law dispute.

Conclusion. The conclusion about existence of a fact cannot be made solely on the basis of evidence which source is a person interested in establishing this fact.

THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY

142-151 291
Abstract

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.

General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.

Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. The

Criminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.

Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.

Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.

The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.

Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.

Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

THE LAW ENFORCEMENT IN PRIVATE LAW

152-161 171
Abstract

The subject of the study is easements as a special and ancient type of rights to other people's land plots.

The article presents a scientific analysis of certain aspects and properties of servitude law through the prism of modern judicial practice and on the basis of conclusions drawn in the research of modern foreign civilists.

The purpose of the article is to show the new possibilities of the well-known civil law structure (easements), including from the point of view of the implementation of the task of increasingly satisfying the needs of citizens, including recreational needs.

General scientific methods were used: analysis, synthesis, induction, deduction, comparison and description, as well as special methods of cognition of legal reality: historical-legal, formal-legal, comparative-legal, legal modeling.

Scientific results:

It is proved that the institutions of property law, including the institution of easements, cannot be indifferent to the social problems of our time, including a great role in meeting the diverse needs of citizens, including recreational.

It is established that modern judicial practice in cases of easements, proving the effectiveness of justice, actually protects public interests, preventing the formal legal use of the design of easements, detracting from the task of more and more fully satisfying the needs of people in active recreation and recovery.

It is emphasized that foreign civil law is actively searching for new models of property law regulation, offering their use taking into account the social tasks of civil law regulation. Attention is drawn to the fundamental conclusions of civilists related to the methodology of assessing real estate burdened with an easement, the separation of easements with other limited property rights, the improvement of forms of protection of this right.

The construction of an environmental easement aimed at preserving the landscape, biodiversity, ecosystems and new opportunities for public admission of citizens to private lands for recreation and active recreation is proposed as promising for the introduction into Russian civil legislation.



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ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)