PUBLIC LAW (STATE LAW) SCIENCES
Aim. To analyze both the relevance of measures taken by state bodies to ensure the population’s safety of life activity in modern conditions and the legal grounds of these measures.
Methodology. The study analyzes the recent cyberattacks and other fraudulent actions by malicious actors, as well as the challenges arising in 2022–2024 due to the deterioration of relations between Russia and the developed countries of the Western world. The authors apply the method of system analysis and the method of express analysis. Documents from the official websites of the Central Bank, the Ministry of Emergency Situations of the Russian Federation, the President of the Russian Federation, and other sources are used as sources.
Results. The analysis concerning cyberattacks, which were focused on government agencies and departments, as well as key commercial structures, the level of unauthorized outflow of funds of citizens of the Russian Federation is assessed. The article systematizes the key challenges faced by the Russian state and the country’s population. The state mechanisms of problem solving are identified, the primary analysis of their effectiveness is given. The relevance of normative-legal documents is analyzed from the point of view of modern challenges, as well as the challenges of the future, the meaning of which is not yet completely clear.
Research implications. The article touches upon the issues concerning changing the vector of efforts application on the part of the Russian Federation’s state bodies, focused on ensuring the safety of vital activities of the population under conditions of the Special military operation in Ukraine. The materials of the research can be useful for clarification of the state policy in the sphere of provision of life safety of the population in modern conditions.
Aim. The research is aimed at analyzing the constitutional and legal foundations of migration policy of the Russian Federation, including its role in ensuring national security, combating crime and regulating migration flows, as well as identifying legal challenges and improving legislation.
Methodology. Within the framework of the work the methods of normative analysis, comparative legal approach and systemic research were applied. The provisions of the Constitution of the Russian Federation, Federal laws, presidential decrees and international norms regulating migration policy were analyzed. Special attention is paid to statistical data and examples of law enforcement related to combating crime and extremism.
Results. The study identified key legal challenges related to legal and illegal migration, including threats to national security, extremism and corruption schemes. Directions for improving migration legislation are proposed, such as strengthening control over biometrics, revising naturalization mechanisms and strengthening the constitutional and legal framework to counter crime.
Research implications. The theoretical significance of the research consists in developing new approaches to analyze constitutional-legal principles of migration regulation and crime control. Practical significance lies in proposing specific measures to improve legislative mechanisms to increase the effectiveness of state migration policy.
Aim. To study the problem of holding persons liable for violation of special economic measures and measures of influence (counteraction) when exporting certain categories of goods outside the territory of the Russian Federation and (or) importing them into the territory of the Russian Federation.
Methodology. During the study, the regulatory acts that form the basis for the application of special economic measures, in particular trade prohibitions and restrictions, were analyzed. The researchers’ views on the nature of sanctions and countermeasures were presented. The judicial practice on the issues of qualification of offenses related to circumvention of anti-sanction prohibitions and restrictions was studied.
Results. The conducted research showed that the specificity of special economic measures and measures of influence requires the introduction of specific rules establishing liability for their violation.
Research implication. The information about trade bans and restrictions, which were introduced to counteract sanctions made by unfriendly states as the justification to introduce special rules on liability for violating or circumventing these measures, was generalized.
PRIVATE LAW (CIVILISTIC) SCIENCES
Aim. To study the features of concluding a loan agreement, the similarities and differences between the terms of a loan agreement and a credit agreement.
Methodology. The research was carried out using methods of system and logical analysis.
Results. This present paper examines the conditions, forms and subjects, obligations of the parties to a loan and credit agreements, and identifies the main differences between these agreements. It analyzes judicial practice concerning the complexity of determining the terms of agreements.
Research implications. Both specific definition and limitation of the terms of a loan and credit agreement could help protect the rights of a parties from the terms of the counterparties’ agreement, thereby implementing and protecting the principles enshrined in the Constitution of the Russian Federation.
Aim. Possible measures of property liability for harming the life and health of citizens due to a medical error are analyzed, since among all the rights of a Russian citizen, one of the most important is the health of citizens – the highest value, therefore, the basic law guarantees medical care and health protection to citizens of our state. Negative consequences, causing harm to health or life during the provision of medical care, entail the appeal of injured citizens or their relatives, in the event of a fatal outcome of the patient, to the court with claims for compensation for property damage and / or moral damage.
Methodology. During the study of formal legal and comparative legal analysis and systematization methods were used. The use of the formal legal method made it possible to explore the existing terms and categories necessary for the onset of the obligation to compensate for harm to the life and health of a citizen due to a medical error.
Results. The analysis of the specifics of the onset of liability and the generalization of judicial practice in this article is aimed at a uniform understanding of legal categories that would allow the court not to just impose responsibility on medical professionals but also provide guidelines for their release from property liability and implement the principle of fair consideration of such a category of cases.
Research implications. The suggestions and conclusions contained in this article can form the basis for further study in the field of the obligation to compensate for harm to the life and health of a citizen due to a medical error.
CRIMINAL LAW SCIENCES
Aim. To study the effectiveness of prosecutor’s supervision in the field of environmental legislation compliance.
Methodology. During the study, both theoretical aspects of legal regulation and practical examples of judicial and prosecutorial activities were considered. The following research methods were applied: formal-legal method and method of legal modelling.
Results. The research has shown that prosecutors’ supervision plays a key role in ensuring compliance with environmental legislation. The main violations related to insufficient control on the part of local authorities and imperfect regulatory acts have been identified.
Research implications. Firstly, the theoretical significance of this study lies in a comprehensive and complex analysis of the prosecutor’s supervision role, which is considered as a key tool to ensure compliance with environmental legislation. Secondly, the practical significance of this work lies in the development of recommendations aimed at improving the effectiveness of prosecutorial oversight. The proposed initiatives are aimed at improving interagency cooperation, as well as at introducing stricter liability measures. All this, in turn, will significantly improve control taken over compliance with environmental norms.
Aim. To identify the correlation of the criminal procedural powers of the head of the investigative body and the head of the inquiry office in terms of their complementarity, exclusivity and duplication.
Methodology. Much attention is paid to the dynamics of the development of the criminal procedural powers of the head of the investigative body and the head of the inquiry office.
Results. The development trends in the powers of the procedural leadership performed by the head of the investigative body and the head of the inquiry office are clearly formulated. The author’s division of these powers is based on the hierarchy which is formed between the subject authorities participating in the criminal process. The author points out the priority of the criminal procedural powers of those subject authorities of the criminal process who are higher-level leaders or heads of higher authorities.
Research implications. The article is intended to contribute to the study of the criminal procedural powers for the procedural management of the preliminary investigation from the methodological point of view.
ISSN 2949-513X (Online)