The journal is included in Web of Science™ Core Collection: Emerging Sources Citation Index. The problems of law enforcement does not lose relevance in the context of the legal system of any state. It determines the role and importance of the publication of "Law Enforcement Review" – peer-reviewed academic legal journal. The need to ensure the protection of human rights, as well as public interests in the implementation of legal regulations actualizes the search for an effective mechanism of law enforcement, combining the principles of rule of law, justice and efficiency. The solution of this problem is impossible without the interaction of academics and practitioners in understanding both theoretical problems and trends in law enforcement. We see the mission of "Law Enforcement Review" in creating a platform for such interaction.
The publication of "Law Enforcement Review" provides for the exchange of scientific and practical proposals for improving the effectiveness of law enforcement activities between scientists from Russia and around the world.
The journal is bilingual: articles are published in Russian in the printed version; the official website https://enforcement.omsu.ru also provides access to the English text of articles. We accept English or Russian texts and provide their free translation to the second language.
Legal scholars from Russia and around the world, who research the problems of law enforcement both within the framework of the general theory of law and different fields of law, as well as legal practitioners are invited to publish the results of their research in our journal.
The Editorial Board includes a constellation of leading scientists of Russia and foreign countries, whose works are the foundation of the General theory of law and different legal sciences.
It’s done because of the increased social importance of law enforcement and because of our intention to make significant progress in solving theoretical and practical problems in this field through the publishing of "Law Enforcement Review".
Our journal is intended for academics, legal practitioners, graduate students and anyone familiar with legal theory.
We hope that the publication of "Law Enforcement Review" due to interaction between the representatives of different legal schools who research various fields of law will contribute to the development of the theory of law enforcement, improvement of legislation governing the law enforcement process, as well as to the solution of actual problems of law enforcement practice.
Current issue
THEORY AND HISTORY OF LAW ENFORCEMENT
Subject. The article examines the latest changes in Russian legislation, reflecting the active processes of production and implementation of quantum communications industry products in the information security market, caused, among other things, by the adoption of the Concept of regulation of the quantum communications industry in the Russian Federation until 2030. The article presents an analysis of the state and direction of Russian legal regulation in the field of communications, as well as measures to support and stimulate the development of the quantum communications industry. The main problems and prospects for the development of technical regulation in the field of quantum communications, as well as the directions of its interaction with the legal regulation of this area, are identified. The purpose of the article is to identify the main directions and patterns of development of legal and technical regulation in the field of quantum communications in Russia. Methodology. The following methods were used: a combination of the dialectical method with the methods of formal logic, formal legal and comparative legal analysis. A legal and technical method was also used, which allows identifying the main promising areas of interaction between legal and technical regulation of relations in the field of quantum communications. Main results. It has been established that the legal regulation of quantum communications by the legislation of the Russian Federation in the field of communications should be carried out through the creation of a legal mechanism for testing, trial operation and implementation of technologies without excessive administrative procedures while ensuring the necessary level of security and controllability by government agencies. Experimental legal regimes in the field of digital innovations can become a legal means for creating such a mechanism. Measures to support the quantum communications industry and their promising areas of development have been identified and analyzed. It has been established that regulatory and technical regulation actually determines the main vectors of development of the quantum communications industry in Russia and in the world. The main measures necessary for the development of regulatory and technical regulation of quantum communications in Russia have been analyzed. Conclusions. To integrate quantum communications into the unified telecommunication network of the Russian Federation, the need has been substantiated and the adoption of a number of regulatory legal acts has been proposed. The development of quantum communications technologies requires special state support for the implementation and application of experimental legal regimes in the field of digital and technological innovations, including special programs, the development of public-private partnerships, regional and special sites. The experience of foreign and international standardization in the field of quantum communications shows that the quantum Internet of Things is a promising technology, the development of which in Russia is only being discussed. In the Russian Federation, there are already quantum communication lines, but there are no permanent standards, which is a significant constraint in the development of the corresponding regulatory framework. To ensure the reliability, authenticity, security and interoperability of solutions in the field of quantum communications, it is necessary to bring the regulatory and technical regulation in this area to uniformity, taking into account existing international standards, the experience of foreign countries and the level of development of domestic technologies.
The article considers the Eastern (People's Republic of China) and Western (USA, European countries) approaches to the legal regulation of relations related to the use of artificial intelligence in law enforcement. The subject of the study is the relations arising in the process of such regulation. The purpose of the study is to analyze the legal regulation of the use of artificial intelligence in the process of collecting information about citizens, its processing and taking into account the decisions prepared by AI for law enforcement officials. The methodological basis of the study is logical and systematic methods of scientific cognition, as well as methods of analysis and synthesis of legal phenomena. Foreign and domestic experience of legal regulation is studied. Special attention is paid to the need to ensure the protection of citizens' rights in the process of collecting information about them, its processing and taking into account the decisions prepared by artificial intelligence for law enforcement officials. It is pointed out that the peculiarities of legal regulation in this sphere of life activity of society are conditioned by the correctness of conclusions formulated by artificial intelligence, as well as the competence of algorithm developers and persons carrying out its training. Legal regulation of the relevant relations is considered through the prism of the results of law enforcement. The Eastern approach assumes the assessment of the actions of individuals by a number of parameters, taking into account which their trustworthiness index is determined, implying the assignment of a personal id to them personal identification code (social rating). The Western approach is that the United States and Western states actively using digital control tools based on AI technologies in the field of law enforcement do not inform the population about the total surveillance of people. It is noted that at present the regulation of this sphere in the Russian Federation is more oriented to the Western approach. At the same time, at the national level there is no mechanism of legal regulation on the consequences of actions of a person in the field of law enforcement. Attention is drawn to the fact that while in China for “unreliable” persons only a number of restrictions are imposed on their movement (use of airplanes and trains), occupation (prohibition to hold managerial positions in certain areas), obtaining financial services (refusal to issue loans), in the United States such persons are placed without trial in secret prisons, where they are tortured. It is concluded that taking into account this circumstance requires the creation in the Russian Federation of a legal mechanism for appealing decisions taken by law enforcement officials on the basis of recommendations developed by artificial intelligence, by developing and adopting norms of law to prevent the use of its potential for purposes incompatible with the goals of law enforcement. This implies the need to develop a system of theoretical ideas about the most rational forms and methods of legal regulation in considering.
The subject of this study is the transformation of modern legal and cultural exchange, which occurs under the influence of trends in digitalization and mediatization of the legal sphere. The purpose of the article is to determine the legal nature and meaning of memes in online legal communications.
The research was based on an interdisciplinary scientific approach of memetics, the use of which in jurisprudence is aimed at determining the influence of cultural, social and historical phenomena and factors on the development of law, the formation and change of legal norms and practices. This approach made it possible to consider memes as sociocultural phenomena and trace their role in cultural evolution in general and in the field of legal and cultural transformations in particular. The methodology is also presented by formal legal, comparative legal methods and the method of scientific analysis, with the help of which doctrinal, normative-legal sources and materials of judicial practice on the categorization of Internet memes in the legal field of intellectual property were studied. The use of constructivist methodology allowed us to evaluate memes as building blocks of legal communication. Methods of legal modeling and forecasting helped to determine the vectors of meme influence on legal and cultural evolution, as well as to identify risks of the formation of “deceptive” meanings in Internet memes.
Main results. The article highlights the influence of media discourse as the core of modern language processes on legal communication, innovations in the language of law in the context of digitalization. The legal nature of Internet memes is determined through the prism of intellectual property law, which identifies the need to address two issues: respect for the rights of authors of original works and the rights of authors of derivative works – Internet memes – in the context of their viral spread with subsequent multiple variations. Conclusions are formulated about the ability of Internet memes to generate new meanings in jurisprudence; the role of judicial Internet memes in programming and coding of legal behavior, reflecting and reproducing legal culture and digiculture; the reverse influence of the professional legal community on the specific parameters of an Internet meme during its subsequent reproduction and mutations; anti-cultural risks of reproducing of destructive (illegal) patterns of behavior.
Sections 1, 2, 4, 5 were prepared by M.V. Zaloilo, section 3 – by N.V. Vlasova.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The subject. Artificial intelligence (AI) opens up wide opportunities for strengthening national security, but also raises a number of legal and ethical issues that need to be carefully analyzed and resolved. The implementation of a government strategy aimed at improving tools and approaches to information protection using AI is a key aspect of ensuring national security and maintaining law and order.
The aim of the article was to confirm the hypothesis that ensuring national security depends on algorithms implemented in artificial intelligence (AI) technologies.
Methodology. The criteria formulated in the President Decree of the Russian Federation No. 124 are fundamental on the basis of which trusted AI systems are developed. The analysis of legal acts, acts of technical regulation and scientific literature was made.
Main results. In areas where there is a threat to national security, the use of trusted AI technologies is becoming mandatory. In accordance with Presidential Decree No. 124, trusted AI technologies are defined as meeting safety standards and developed based on the principles of objectivity, non-discrimination and ethics. Their use should exclude the possibility of harming a person, violating his rights and freedoms, as well as harming the interests of society and the state. Only two principles formulated in that Decree are disclosed – this is the principle of non-discrimination and objectivity. Despite the use of the term "ethics of norms", "ethics" in the legislation in the field of AI, ethics is not defined as an independent principle. Ethics in the field of AI can be understood as a system of views and principles aimed at protecting the moral and social consequences associated with the use of various data processing models contained in AI technologies. The principle of objectivity or impartiality is related to the ability of the system to inspire confidence and exclude unjustified bias of the formed estimates. The principle of objectivity is closely intertwined with the principles of transparency of AI systems and data protection and security. To achieve the objectivity of data processing by AI systems, it is necessary to use high-quality and representative datasets obtained from reliable sources. The implementation of the principle of non-discrimination contains certain contradictions that manifest themselves in the conditions of ensuring national security. Since, despite the fact that it is intended to exclude the possibility of using AI algorithms for processing and analyzing data containing discriminatory criteria, if necessary, the state can apply other criteria to ensure the national security.
Conclusions. The implementation of the above principles, the creation of a trusted environment for the use of AI technologies, and the development of trusted AI technologies all ensure information security, the effectiveness of the system for protecting the interests of citizens, society, information, and information infrastructure, thereby ensuring national security.
The subject. This article identifies the nature and origin of constituent power, reveals the communicative nature of constituent power, the need to engage citizens, experts, and civil society institutions in the process of democratic constitution-making, and the historical, social, and legal foundations of generative public power, creating and transforming constitutions and legal order, using the examples of France and Russia.
The aim of the article is to explore the theoretical foundations and history of the constituent assembly and constituent constitutionalism in Russia, as well as the international debate on the purpose and active use of constituent power in modern democratic states.
Methodology. The article used hermeneutic and epistemological approaches, methods of formal-legal, concrete-historical, comparative constitutional-legal and complex analysis.
Main results, scope of application. The author examines the problem of popular power as the source and creator of constituent power, the origin of the word and concept of "constituent power" the role of Abbé E.J. Sieyès in conceptualizing constituent power, and the practical application of this concept and the institution of the national constituent assembly in French revolutionary constitutionalism and in Russia in the early 20th century during the three Russian revolutions. Originally reflecting the French constitutional-revolutionary experience, the word "constituent power" subsequently acquired a broader meaning and was and still is used to describe the institutional exercise of constituent power. This short term refers to various types of citizens' assemblies that are granted the right to draft and adopt constitutions (constitutional conventions, constituent assemblies, constitutional conventions, and other popular assemblies with constituent power).
Conclusions. In Russian, this foreign word began to be used due to the widespread use of French in the upper echelons of society and at the imperial court as early as the 19th century. Scholarly works and dictionaries of foreign words confirm that the word "constituent" became firmly established in the Russian language in the late 19th and early 20th centuries. The experience of European states in the first quarter of the 21st century demonstrates, on the one hand, a critical rethinking of liberal constitutionalism, centered in Europe and the USA, as well as a discussion of the prospects for creating a polycentric model of constitutionalism. On the other hand, the expansion of the social basis of constituent power using citizens' assemblies and mini-publics, deliberative instruments for constitution-making, and the adoption of constitutional amendments. The Russian experience with the adoption of the 1993 Russian Constitution and the 2020 constitutional reform demonstrates the transformation of constituent constitutionalism toward a strengthening of presidentialism and its role in the exercise of constituent power.
The subject. The article considers a constitutional-legal dispute on posthumous reproduction, which became the subject of consideration in the Constitutional Court of the Russian Federation in 2024. On February 11, 2025, the Constitutional Court of the Russian Federation issued a decision recognizing that norms of the legislation on social security are violated the Constitution of the Russian Federation. This decision gives rise to a number of new legal problems in the field of constitutional, civil, inheritance, medical law and social security law. At present, there is no legislative regulation of posthumous reproduction in the Russian Federation.
The purpose of the article:
– to establish the presence or absence of positive obligations of the state in relation to the somatic right to reproductive choice;
– to determine the presumption of consent or disagreement to posthumous reproduction;
– to propose possible measures to prevent constitutional conflicts related to posthumous reproduction.
The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods, method of constitutional conflict diagnosis. In addition to this, historical method was also applicable. The article also uses a comparative legal method to analyze the legislation and practice of foreign countries such as the USA, France and Japan.
Main results. The author proposes to eliminate the legislative gap by establishing at the statutory level a presumption of consent or disagreement in accordance with the following legislative formulas:
– presumption of consent: posthumous reproduction using the sex cells (or embryos created with their help) of a deceased person is not permitted if the medical organization was informed at the time of using the relevant assisted reproductive technologies that the person, during his or her lifetime, declared his or her disagreement with the use of his or her sex cells (or embryos created with their help) for the purpose of procreation after death;
– presumption of disagreement: posthumous reproduction using the sex cells (or embryos created with their help) of a deceased person is permitted only if the medical organization has, at the time of using the relevant assisted reproductive technologies, a written expression of the person's will, given during his or her lifetime, of consent to the use of his or her sex cells (or embryos created with their help) after death for the purpose of procreation.
The subject of research is the political struggle in its constitutional and legal survey.
The purpose of research is to identify the legal nature and formulate the concept of political struggle in constitutional law, as well as to determine its attributes and properties, features of the object, goals, objectives and subjects in accordance with doctrinal provisions and domestic law enforcement practice.
The research methods. To gain the results of the research the interdisciplinary approach, formal-legal method, as well as the method of system analysis of legal phenomena and interpretation of legal norms are applied.
The main results. The significance of the phenomenon of political struggle in a democratic state to ensure the solution of problems of legalization and legitimation of state power, as well as the principle effect of its replaceability is substantiated. The political struggle occurs inside the state and has a direct impact on it, and so, predetermines the consolidation of constitutional principles and limits of its implementation in the Basic Law of the state. The main constitutional and legal features of the political struggle in the Russian Federation are its open and legal nature, its principles of equality and political pluralism, the special parties involved in political activity, the existence of a special goal and legal means to achieve it. The constitutional and legal limits of the political struggle are presented in article 3 of the Constitution of the Russian Federation. By means of comparison with correlating legal concepts and categories of the conflict, competition, opposition, activity and process, it is determined that the political struggle should be attributed to the legal process in its broad sense according to formal-legal characteristics. A detailed characterization of the stages of the political struggle is given on the basis of the peculiarities of its object, goals, objectives and participants. The formulated theoretical framework is critical for effective law enforcement in the electoral and parliamentary processes.
Conclusion. The political struggle in the constitutional law should be defined as an open and legal domestic process, including a system of constitutional and legal relations associated with obtaining and preserving the state (municipal) power, as well as with the exercise of authoritative powers by the legislative (representative) body centered around the principles of equality and political pluralism, also intended to ensure the legalization, legitimation and replaceability of state (municipal) power.
The subject. The article examines the basic approaches to the regulatory framework for informing and campaigning in the context of the growing influence of global digitalization on electoral law, the use of previously unknown digital technologies and the transfer of electoral legal relations to the Internet space.
The aim of the article is to identify the specific features of legal regulation of informing and campaigning in digital era.
The study of informing and campaigning was conducted with the methodology of a systems approach, formal legal interpretation of legislative acts and comparative legal analysis.
Main results. The search for an optimal mechanism for information support for elections in the context of changes in the content of the subjective rights of participants in the electoral process actualizes the need to improve the traditionally understood procedure for observing, implementing and using the law. The increasing complexity of the process of interaction between participants in legal relations and the expanding list of legal liability measures emphasize the importance of resolving law enforcement issues. The establishment of an expanded list of entities entitled to campaign in social networks, the inclusion of various information resources on the Internet (including the so-called "new media") in the list of sources of information dissemination, the possibility of recognizing the informational nature of materials distributed in the media by those entities that, by law, are subjects of campaigning activities – all this leads to the erasure of the boundaries between informing and campaigning and, in fact, to the creation of a new information electoral space for the preparation and holding of elections, requiring the establishment of new requirements and principles for its organization.
Conclusions The dissemination of campaigning in the field of the Internet space (digital services) transforms the rules for conducting campaigning. They become more unified, strictly ranked, which brings campaigning closer to informing and transfers the freedom of use of the right to the plane of compliance with the specified rules.
THE LAW ENFORCEMENT BY LOCAL AUTHORITIES
The subject. The content of a smart city as a subject of legal regulation is revealed, taking into account various interpretations of both the concept itself and the models of smart cities developed in world practice and urban theory (technocratic model, triple helix model, quadruple helix model). Various options for legal formalization of the smart city concept in the Russian Federation are considered.
The purpose of the article is to identify problems and deficiencies in the existing legal framework for smart cities in the Russian Federation and to develop proposals for overcoming them.
Methodology. The methodological basis of this research includes, in addition to formal legal method, methods of comparative legal analysis, historical-legal method, and modeling method. Moreover, sociological methods were used.
Main results. Based on the analysis of international legal documents, the necessity of transition to a comprehensive perception of a smart city is substantiated. This perception includes, in addition to the technological element, the achievement of sustainable development goals at the local level, involvement of all stakeholders (science, business, civil society) in the decision-making process, and effective interaction of all levels of public authority.
Conclusions. The legal framework of Russian smart cities, represented by sublegislative acts implementing plans and programs, is characterized by flexibility, mobility, and inconsistency. The practice of implementing the departmental project for digitalization of urban economy in the Russian Federation, as well as related projects of safe city, environmental well-being, and digitalization of state and municipal governance, demonstrates the urgent need for streamlining and internal coordination of indicators included in the smart city standard.
Furthermore, it is necessary to develop a unified approach to basic concepts of territorial structure and spatial development, and to overcome the confusion between municipal and administrative-territorial structure. Only on this basis is it possible to achieve a systematic perception of territories where comprehensive development using information technologies is ensured.
Subject. The article considers changes in the system of municipal financial control organization in the context of the ongoing reform of local government organization in the Russian Federation. The purpose of the study is to identify the main trends in the development of municipal financial control and their characteristics.
Methodology. The following methods of analysis were used in the work: statistical, data synthesis, formal legal, system-structural, comparative legal, as well as the general scientific dialectical method of cognition.
Main results. The trends of maintaining the ratio of the share of municipal audit and accounts chambers to the total number of municipalities, improving the forms and methods of municipal financial control, and automating it through the introduction of modern information technologies are identified, which increases the transparency of the budget process at all levels of public authority. Conclusions. Summing up the trends analysis in the municipal financial control development, it should be noted such a quality of the organization system as sustainability. Although, in the context of the territorial foundations of local self-government reform, there has been a sharp decrease in the number of municipalities, the ratio of the share of control and accounting bodies of municipalities to the total number of municipalities remains at the level of 12%. The forms (preliminary) and methods of organizing municipal financial control are being improved, and the participation of individual subjects (citizens) in its implementation is being intensified. The introduction of modern information technologies, on the one hand, ensures transparency of the budget process, and, on the other, poses new challenges in the training and advanced training of specialists engaged in control activities.
THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY
Subject. The authors reveal the main groups of modern technologies that can be used to improve the effectiveness of investigative activities, to describe the ways of their penetration into forensic practice and to outline the value of information that can be obtained as a result of their application. The relevance of this work is due to the fact that scientific and technological progress affects all spheres of society, including law enforcement, in this regard, special attention today among the professional community deserve the issues of competent implementation of technical achievements in the practice of detection and investigation of crimes.
The purpose of this study was to prove that the introduction of modern technologies only after the prior enshrinement of the possibility of their use in the law, is currently irrational.
Such an approach is not conditioned by the existing rules and negatively affects the effectiveness of investigative activities.
The methodology. The authors used the interdisciplinary approach, methods of analogy, analysis and synthesis.
The main results. As a result of the study, four groups of technologies were identified: complexes aimed at automation; decision support systems; means of working with computer information; other technologies that increase the efficiency of traditional processes. In each group, specific technologies that are most in demand in today's practice are described. Based on this, the basic principles that can guide the introduction of new technologies in investigative activities are formulated: the presumption of free determination of technical means for the production of investigative actions; restriction of human rights only by judicial authorization; autonomy of decisions of an official; preservation of the value of information while maintaining its integrity.
Conclusions. According to the results of the conducted research it is concluded that the reliance on the proposed principles, as well as the action by analogy with the considered specific models will allow investigators to successfully determine how to adapt the new technology to solve the problems of detection and investigation of crimes.
The subject of research are regulatory acts which in their comprehensive interrelation define the characteristics of harm inflicted on human health, including its description as publicly dangerous consequence of failure to provide medical care, or improper provision thereof. The study was conducted with regard to criminal and healthcare legislation provisions, as well as regulation of particularities of forensic medical expert examination. The paper aims to test the hypothesis on the regulatory amendments’ to medical legal acts influence on the understanding of iatrogenic crimes, and the practice of their qualification by criminal courts.
Historical-legal methodology is deployed to show preconditions, grounds and directions of development of legislation defining criteria of infliction of harm on human health. Systemic analysis methodology allowed the author to disclose the particularities of interconnections between criminal and forensic-medical legislation, to prove the blanket nature of the characteristics of crimes against human life and health. The comparative-legal methodology of research allowed identification of the constant part of legal framework related to provision of medical care, and the definitions extensively transformed by the legislator (harm to human health, shortcomings of medical care provision, consequences of improper provision of medical care). Methods of philosophy and logic allowed for disclosure of particularities of the causation connection to publicly dangerous consequences, and the specificity of causation in criminal cases on medical workers’ omission (including with regard to failure to provide medical care to a patient).
Main results. It was established that infliction of harm in the course of, or as the result of provision of medical care cannot be considered an intentional crime, but rather is either innocent or negligent. Inaction of a doctor, as seen from the forensics point of view, is not a harmful external factor, and therefore the feature of infliction of harm on the health of a patient must be established legally (juridically) rather than through expert examination. New normative regulations are aimed at clarifying the features of shortcomings of medical care and their harmful consequences, thus seeking to eliminate some matters of argument and ensure the unified law-enforcement practice. When considering criminal cases related to harm inflicted by medical workers the courts must not only base themselves upon the results of forensic medical expert examinations, but also separately apply the normative regulatory provisions to which there is a blanket reference in the criminal legislation, and which themselves define the criteria of properly qualified medical care as well as the assessment of harm inflicted where said care was improper.
Conclusions. The scientific analysis carried out by the author has confirmed the hypothesis of the research, and proved direct application of medical legal acts by courts considering criminal cases on failure to provide medical care to patients or improper provision thereof.
THE LAW ENFORCEMENT BY THE JUDGES
The subject. The subject of this research is the legal nature of the prejudicial effect of judicial decisions and the rationale for establishing permissible limits of its restriction in the resolution of family law disputes directly affecting the rights and protected interests of minors.
The aim of thе article is to characterize the general grounds for limiting the prejudicial force of court acts, as established in the legal practice of the Russian courts, and to subsequently develop a framework of criteria defining the admissible boundaries of such a departure. The ultimate objective is to ensure the effective and prioritized protection of the rights and best interests of minors in family litigation.
Methodology. The study is based on a combination of general scientific and specific legal methods. General scientific methods include deduction, analysis, and synthesis. The specific legal methodology comprises the formal-legal (dogmatic) method, the legal interpretation method (construing legal norms), and the comparative legal approach.
Main results. Departure from the prejudicial effect of a judicial decision in disputes concerning the rights of minors is not only admissible but also expedient within legally defined limits. The paper substantiates the necessity of striking a balance between two competing legal values: the stability and binding force of judicial acts (prejudice) and ensuring the effective judicial protection of the child's best interests.
Conclusions. The legal nature of prejudice may systematically conflict with the principle of priority and effective protection of the rights and interests of minors when resolving family disputes. It is necessary to develop special criteria for the admissibility of derogation from the prejudicial force of judicial decisions. These include: (1) the criterion of materiality is the presence of serious procedural and material violations during the previous decision, which cannot be eliminated by appealing a judicial act; (2) the criterion of dynamism is the emergence of new circumstances or a change in existing ones since the previous decision was made; (3) the criterion of a conflict of interest is motivated conclusions that adequate protection of the minor was not provided in the previous process, as a result of which the formal application of prejudice leads to a clear and significant violation of his rights and interests. These criteria should be applied by the court in aggregate, as part of the implementation of the principle of judicial discretion, aimed at establishing a fair balance between the stability of judicial acts and the protection of the highest constitutional value of childhood.
THE LAW ENFORCEMENT BY BODIES OF CRIMINAL EXECUTIVE SYSTEM
The subject of this study is the institute of executive probation in the context of an analysis of the legislative definition of this type of probation and its goals, as well as the possibilities and prospects for achieving these goals in practice.
The purpose of the article is to identify the main trends in the development of the institute of executive probation in Russia by analyzing the concept and objectives of this type of probation, and based on this, to propose directions for further improving the institute of probation and solving certain practical problems.
The research is based on a set of general scientific methods, such as systemic, functional and structural methods and private scientific methods (formal-legal and sociological methods).
Main results. Firstly, the author proposed a definition of the concept of executive probation, which includes a subjective feature (an indication of the categories of clients of executive probation), as well as an indication of the measures that can be applied to this type of probation. Secondly, the article defines the goals of executive probation, which include, in addition to those mentioned in the law, the goal of improving living conditions and the goal of stimulating law-abiding behavior among persons subject to probation. It is proposed to exclude the purpose of social rehabilitation.
Conclusions. The provisions of the Law on executive probation are valid for one year. The study of legislative regulation and law enforcement practice over this period of time made it possible to define the concept and goals of executive probation and, based on this, to establish those elements of the mechanism for the application of executive probation that primarily require qualitative study and improvement. Further study and development of the institute of executive probation is certainly necessary and justified, since it is socially significant and, in achieving the goals of probation, should lead to an improvement in the living conditions of probation clients and a reduction in recidivism.
THE LAW ENFORCEMENT IN PRIVATE LAW
Subject. The shortage of labor in the Russian labor market is one of the most serious challenges to the country's socio-economic development. Labor resources for production connected with the extraction of natural resources in the Far North and similar areas are provided using the rotational method of work organization. For persons working on the rotational method in the Far North and similar areas, the legislator has established increased guarantees and compensation in connection with work under extreme natural and climatic conditions. However, the analysis of current legal policy reveals a decrease in the level of established guarantees and compensation.
The aim of the article is to identify the grounds for guarantees and compensation for persons working on the rotational method in the Far North and similar areas.
Methodology. The study is based on the use of both general scientific (analysis, synthesis) and special (formal-legal, functional, legal-technical) research methods. The authors analyzed the materials of Russian judicial practice regarding the provision of guarantees and compensation for persons working on the rotational method in the Far North and similar areas.
Main results. The authors criticized the dependence of guarantees for workers who perform rotational method in the Far North and similar areas from the place of permanent residence of the employee: in unfavourable climatic conditions in the Far North and similar areas or traveling to perform work from other regions. The authors noted that Article 302 of the Labor Code of the Russian Federation, which establishes guarantees and compensation for workers traveling to work on the rotational method in the Far North and equivalent areas, contains legal uncertainty in determining the duration of annual additional paid leave. At the same time, according to the provisions of this norm, the length of service, that entitles workers to appropriate guarantees and compensation when traveling to work on the
rotational method in the Far North and similar areas from other regions, includes only calendar days of rotation and actual travel time.
Conclusions. The place of permanent residence of persons working on the rotational method in the Far North and similar areas cannot be used as a basis for differentiating legal regulation of labor relations. Thus, the definition of the length of rest time must be linked to working time, respectively, without making its duration dependent on factors unrelated to the performance of work duties. The authors propose to improve the legislation on guarantees and compensation for persons working on the rotational method in the Far North and similar areas.
SCIENTIFIC LIFE
The report on the speeches of the participants of the International scientific conference in memory of the Honored Lawyer of the Russian Federation, Doctor of Law, Professor Alexey I. Kazannik "Contemporary Russian state and law" is presented in the article. The conference was organized by Dostoevsky Omsk State University and held on May 29, 2025 in Omsk, Russian Federation. The most relevant topics were: representative democracy, social responsibility of the state, state power and local self-government, constitutional human rights, public finance.
ISSN 2658-4050 (Online)
























