PUBLIC LAW SCIENCES
The article is devoted to the analysis of the main directions of the development of the constitutional legislation of the republics within the Russian Federation, taking into account the changes in federal legislation and the constitutional reform of 2020. This article deals with the features and significance of reproducing federal norms in the constitutional legislation of the republics. Particular attention is paid to changes in the nature of the interpretation of the constitution at the republican level.
The transformation of the constitutional model of public formations in the conditions of formation and development of the Republic of Belarus is considered as a formal legal objectification of the relevant principles and categorical and conceptual apparatus within the framework of the dynamics of constitutional regulation caused by socio-political and other factors, it provides for a transition from the perception of public formations as an element of the party-state mechanism to the recognition of their independence and functional diversity with the presence of political priority in the intended purpose. It is noted that at the present stage, the constitutional model of public formations in the Republic of Belarus is being transformed within the framework of the development of the constitutional foundations of democracy and civil society, the consolidation of the ideology of the Belarusian state as a constitutional dominant, the revision of the purpose and differentiation. Proposals are being made to develop the relevant constitutional legislation in the Republic of Belarus.
The author, studying the judicial practice of higher courts and scientific literature, analyzes the nature of the objectives of establishing zones with special conditions for the use of territories, their relationship to each other and the relationship with the types of zones. As a result, the work concludes that many types of ZOUIT have several purposes of establishment at once.
Аlso it is not possible to correlate individual types and goals of ZOUIT in all cases. That’s why more important is the conformity of the type of ZOUIT to constitutionally significant values, than to the objectives of establishing. And, the final conclusion is that establishment of a ZOUIT must comply with the principle of proportionality.
The Russian system of separation of powers, having a classic triune form, includes the legislative, executive and judicial branches of government, which is enshrined in the Constitution of the Russian Federation. However, the de facto range of bodies established by the State and endowed with public authority is much wider, and includes, among other things, the prosecutor’s office. Meanwhile, its place as a whole in the system of separation of powers, and in relation, for example, to the judicial branch of government, is not quite unambiguously fixed in the Constitution of the Russian Federation. Therefore, the author sees the main purpose of the article in identifying the essential differences between the prosecutor’s office and in determining its place in the system of separation of powers. The analysis highlights the functions of supervision, criminal prosecution, coordination of law enforcement activities, as well as the law-making function. Various approaches to assessing the role of the prosecutor’s office in the system of separation of powers are considered, namely, the role of the prosecutor’s office as an exclusively state supervisory body; as a special body; as a body providing a system of costs and balances; as a component of the judicial branch of government. The article analyzes the transformation of the status of the prosecutor’s office as a result of the constitutional reforms carried out in 2014 and 2020. As a result, the conclusion is formulated that the prosecutor’s office belongs to state bodies that are not part of the circle of state authorities, and its special status is also emphasized.
The article examines the evolution of Marxist state theory in the first half of the 20th century, with particular emphasis on the period following the October Revolution of 1917. The author analyzes key aspects of Marxist-Leninist doctrine on the state, including the concept of the dictatorship of the proletariat, the issue of eliminating class differences between peasantry and workers, and questions of overcoming commodity forms and bureaucracy. The study investigates both theoretical and practical aspects of socialist construction in the conditions of a backward agrarian country, which Russia was at the time. Special attention is given to the analysis of works by V. I. Lenin, J. V. Stalin, L. D. Trotsky, I. Bukharin, and other Marxist theorists. The article examines mechanisms facilitating the movement towards a class less society and analyzes specific manifestations of the state’s withering away during the process of socialist construction. The study draws conclusions about the developmental trends of the socialist state and the role of the dictatorship of the proletariat in this process. The article emphasizes the dialectical relationship between the theoretical propositions of Marxism and their practical implementation in specific historical conditions.
PRIVATE LAW (CIVILISTIC) SCIENCES
The concept of the subject engaged in investment activities in the military-industrial sector is examined from the view of investment law theory, current investment legislation, and specific regulations in the sphere in question. Based on this analysis, it is concluded that such a person should be a legal entity, which is listed in the consolidated register of military-industrial organizations and meets the necessary criteria. Their specific legal status is justified and explained, which entails additional public legal aspects and distinguishes them from other entities engaged in investment activities in other sectors of the economy.
The article analyzes the problem of advertisers bearing double responsibility: administrative for violations of advertising legislation and civil for the reimbursement of fines accrued to advertising distributors. Separately, the problem of “re-imposing” fines by advertising distributors is considered in cases where the amount of such fines should have been paid in full, but due to the high risk and incorrect application by the courts of state control (supervision) standards, they are paid in full. Legitimate advertisers are liable under the contract and reimburse the advertiser for such fines in full. The author comes to the conclusion about the need to correct judicial practice and regulate at the legislative level the possibility of applying the payment of fines to a half-state entrepreneur who was held liable for violating advertising
legislation.
CRIMINAL LAW SCIENCES
In this article, the author considers the most common arguments against recognizing the admissibility of using legal knowledge as special in the framework of criminal proceedings. Arguments are given in favor of such special studies. It is concluded that there are objective prerequisites in the current legislation for recognizing the viability of legal expertise and special research.
This article examines typical investigative situations at the initial stage of the investigation of illegal currency transactions, the responsibility for which is provided for in Articles 193 and 193.1 of the Criminal Code of the Russian Federation. Within the framework of the article, the author analyzed the content of existing forensic methods for investigating these crimes, presented approaches to defining the concept of an investigative situation that have developed in forensic science, and highlighted the basic principles of the formation of investigative situations. In addition, an individual al gorithm of procedural actions is proposed for each investigative situation that arises during the investigation of crimes provided for in Articles 193 and 193.1 of the Criminal Code of the Russian Federation.
For the purposes of the study, the author conducted a survey among officials of the customs authorities of the Russian Federation specializing in the investigation of this category of crimes, the results of which are reflected in this article.