Теоретико-правовые аспекты отмены решений по вопросам гражданства Российской Федерации в связи с использованием подложных документов или сообщением заведомо ложных сведений

In this study, the author addresses the problem of the definition and structure of the right to religious autonomy. The object of the study was the content of the two manifestations of this right that the author identified: internal governance and doctrinal autonomy in the practice of the European Court of Human Rights. The aim of this article is to determine the main areas of protection of the right to religious autonomy of religious associations and the positive experience applicable in the Russian Federation. The author describes the role of the right to religious autonomy, which is an integral part of pluralism in a democratic society and, therefore, acts as a center for protection provided by freedom of conscience. The study is based on the theoretical material of the works of both Russian (P.V. Sergeev, Yu.E. Fedotova, M.O. Shakhov) and foreign (M.E. Chopko, M.F. Moses) researchers. The extensive law enforcement practice of the European Court of Human Rights and the regulations of the European Union are also used. The methodological basis of the study is dialectical, comparative legal, formal legal, and other methods. In particular, the use of the dialectical method helped to determine the content of the concept of the right to religious autonomy, to study the dynamics of the legal positions of the European Court of Human Rights regarding a “balanced approach” to protect the autonomy of the internal management of religious associations. The use of comparative legal and formal legal methods helped to identify correlations between the case-law of the European Court of Human Rights and acts adopted within the European Union. The use of the functional method made it possible to investigate the place and role of European institutions and the nature of their governing influence on the provision and protection of the right to religious autonomy to various religious associations, including those representing a religious minority. As a result, the author comes to the conclusion that religious autonomy in its two possible manifestations—internal governance and doctrinal autonomy—directly follows from the content of the powers of freedom of conscience. Both of the manifestations are protected by European regulations although such protection cannot be considered as absolute. On the one hand, the right to religious autonomy is an integral part of the external manifestation of religious beliefs; on the other, its universal protection will jeopardize the protection of the rights of others. Nevertheless, in a situation in which the governing influence of European states is limited and the enforcement practice of the European Court of Human Rights is not entirely consistent, it seems that European institutions are aware of the importance of the right to religious autonomy. Therefore, the authorities resolve problems associated with its implementation pragmatically, trying to balance it with other rights and legitimate interests.

The subject of study. The article examines certain aspects to realize freedom of thought and expression, as well as the acceptable limits. Freedom of thought, speech and expression issues are considered separately in the context of the religious component, its characteristics in the Islamic religion. The provisions of the main sources in the Muslim system of law – the Holy Quran and the Sunnah of the Prophet and Messenger of Muhammad (May Allah bless him) have been studied in sufficient details. The legal analysis on the issues under consideration was carried out based on doctrinal opinions, the current Russian and international legal acts, judicial practice, including the practice of the European Court of Human Rights. The article describes extremism through the prism of freedom of thought, speech and expression. It is noted that extremist activity is one of the consequences of misinterpretation, true awareness and perception of freedom of thought, speech and expression.The purpose of the study. The main purpose of the study is to clarify the origins of conflicts in the process of realizing freedom of thought, speech and expression, and substantiate the hypothesis that freedom of thought, speech and expression should have certain boundaries, especially in context of the influence of the religious factor.The methodology of the study. The study is based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific methods (systemic method, logical method, method of analysis and synthesis) and special scientific methods. Among the latter there are formal legal method, linguistic method, comparative legal method, which have found their application in the legal analysis to realize freedom of thought, speech and expression.Conclusions. As a result, it is emphasized that freedom of thought, speech and expression is the achievement of modern mankind, one of the foundations of a democratic system and an element of civil society. The state-guaranteed opportunity for individuals to exercise these freedoms in society is a guarantee of a "healthy" society in the legal sense. However, as practice shows, unlimited freedom leads to its abuse, thereby infringing on the freedoms of other individuals and therefore, freedom of speech and its expression presupposes the existence of boundaries outlined by the state in the interests of society. The specifics of freedom of thought, speech and expression in the Muslim system of law based on the Holy Quran and the Sunnah of the Prophet (May Allah bless him), is that this freedom ends where the border line begins, designated by the law of the Most High.

The article analyzes the main trends and features inherent in the evolution of the status of constitutional justice bodies in the Kyrgyz Republic. The aim of this research is to identify both the common features characteristic of this process in the countries existing in the post-Soviet space and the specific ones due to the peculiarities of the state and legal development of Kyrgyzstan. In the course of the research, a comparative legal method was used to analyze individual elements of the legal status of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan (organization, competence, status of judges, legal force of decisions, etc.) in accordance with the constitutions of the Kyrgyz Republic of 1993, 2010, and 2021, the laws in force that regulated the organization and procedure for the implementation of constitutional justice, as well as when compared with the development of this institution in the Russian Federation and other CIS member states. In addition, analytical, formal legal and other methods were used, which made it possible to formulate the main conclusions. Based on a systems analysis of the legislation of the Kyrgyz Republic on constitutional justice, decisions of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan, a study of the works of leading Russian (N.V. Vitruk, A.A. Klishas, I.A.Kravets, M.A. Mityukov, et al.) and Kyrgyz (A.A. Arabaev, B.I. Borubashov, R.M. Myrzalimov, B.T. Toktobaev, et al.) scientists in this field, the main tasks to improve the organization and implementation of constitutional justice in Kyrgyzstan were identified. These include: consistent strengthening of the independence of the Constitutional Court from other public authorities; a more detailed delineation of the powers of the Constitutional Court and other courts related to normative control, taking into account the processes of the formation of administrative justice; a more detailed regulation of the procedures of constitutional proceedings, including procedural differentiation of the procedure for exercising various powers of the Constitutional Court, modification of the norms on the legal force, and the procedure for the execution of its acts, including recognition of a certain discretion of the Court in determining measures necessary for the implementation of its decisions; improving the procedures for written proceedings and expanding the further use of information and communication technologies in constitutional proceedings, etc. The implementation of these tasks should be associated with general measures to increase the level of political and legal culture in society.

The subject of this study is the problematic aspects of the legal regulation of the application of the prohibition of certain actions provided for in Article 105.1 of the Criminal Procedure Code of the Russian Federation, as well as law enforcement practice. The introduction of a ban on certain actions in the system of preventive measures actualizes the study of the measure in question in the scientific community, which is fully confirmed by the intensity of publication of relevant works. Meanwhile, the degree of scientific development is insufficiently saturated with analysis of the practice of prohibiting certain actions in comparison with the study of the theoretical and regulatory aspects of this institute, as well as specific proposals for optimizing the legal regulation of the prohibition of certain actions. It can be stated that the research potential of the practice of application and problem analysis of the prohibition of certain actions is quite extensive. The above allows you to focus on the designated aspects.The purpose of the study is to identify problems and conflicts in the regulatory regulation of the prohibition of certain actions, analyze them, develop proposals to minimize them, which will contribute to the expansion of the application of the prohibition of certain actions as a preventive measure. The research methodology is formed taking into account the specifics of the object and subject of research and includes, in addition to general scientific – analysis and synthesis, the method of reviewing scientific research, systemic, problem analysis, – private scientific – formal legal and comparative legal research methods. The scientific novelty is mediated by the variability of the approach to the already identified conflicts of legal regulation of the prohibition of certain actions and the analysis of problems not previously discussed by the scientific community. The conclusions of this study are as follows. Firstly, the legal regulation of the institution of preventive measures needs to be optimized. In particular, the legislator needs to eliminate the existing conflict between the indication of the election of one preventive measure and the possibility of a combination of preventive measures. Secondly, the provisions of Part 4 of Article 105.1 of the Code of Criminal Procedure of the Russian Federation were analyzed, providing for variants of the judge's decisions on the declared petition for the election of a ban on certain actions, according to the results of which amendments and additions were proposed for the uniform and prompt application of this preventive measure. Thirdly, in order to eliminate the double interpretation of the phrase "committed crime" (clause 6, part 6, Article 105.1 of the Code of Criminal Procedure of the Russian Federation), it is proposed to replace the specified wording.

We investigate the institution of term in security relations, used in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main goal is to analyze the provisions of the legislation on the contractual system in terms of comprehending the existing approach to securing in law the security obli-gations of counterparties of the state customer, the periods during which one or another method of securing the execution of the contract is valid, and the period during which it is provided by the supplier, contractor, executor secur-ing both the contractual obligation and the guarantee obligation following it. We pose the problem of inconsistency in the legal regulation of the named legal institution and legal uncertainty in the application of its individual as-pects, an explanation is given for this state of affairs, and we give examples of the possible formulation of conditions on the duration of security obliga-tions in a contract. In particular, it shows cases of a “legal vacuum” in a situation with the return of funds contributed as a security for the performance of a contract, a case of a gap in the law regarding a condition on the term of provision of a guarantee, etc. The work is practice-oriented and contains examples of the possible formulation of the terms of contracts in terms of the effect of interim measures. The research methodology is based on methods of analysis and synthesis, formal legal and comparative legal methods.

The article analyzes such legal categories as the general principles of the law of the European Union (EU) and the principles of the law of the Eurasian Economic Union (EAEU), which are actively used in the practice of the EU Court of Justice and the EAEU Court, respectively. Recently, there has been a noticeable increase in interest in these legal norms, including due to the activities of the UN International Law Commission, which has included issues of general principles of law in the agenda of its work. If the principles of the EAEU law can be attributed to the nascent category of legal norms of the EAEU law with an as yet unresolved functionality, then the general principles of EU law have long and deservedly played an important role in strengthening the effectiveness of the EU rule of law. At the same time, the issues of assessing these groups of principles from the point of view of international law have not yet been fully explored, especially in the light of the activities of the International Law Commission in terms of general principles of law. The scientific basis of the article is the work of Russian and foreign experts in the field of international law, EU law and EAEU law, as well as documents and materials of the International Law Commission, the founding documents of the European Union and the Eurasian Economic Union, as well as judicial acts of the EU Court of Justice and the EAEU Court. The research methodology consisted of general scientific methods (analysis, synthesis, induction and deduction), special legal methods (formal legal, technical legal, legal analogy) and comparative legal methods. Conclusions have been formulated that, in qualitative aspect, the general principles of EU law in comparison with the general principles of law in international law perform both partially overlapping and completely different functions. At the same time, the general principles of law in the understanding of the International Law Commission, on the one hand, and the general principles of EU law and the principles of EAEU law, on the other hand, are brought closer together by the fact that international courts play a decisive role in the identification and application of these principles.

The purpose of the article is to examine specific features of relations in the field of investment activity arising as a result of concluding relevant investment agreements, and to propose theoretical and practical directions for intensifying these relations with a view to satisfying public and private interests within the framework of public-private partnership. The article is based on a set of various methods of scientific cognition described in the relevant subsection. The methods include: classical methods of analysis and synthesis, comparative legal method and comparative studies method, historical method, dialectical method, formal legal method, modern methods based on hermeneutical approaches, systemic and structural method, comparison method, grammatical and systematic methods of interpreting legal provisions, modeling method, economic analysis methods, functional method, etc. The result of the study is a proposed classification of investment treaties into groups for use in practice and legislation, a proposal to adjust the role of the state in investment processes, and a clarification of certain elements of investment treaties, including the procedure for concluding investment treaties in the direction of simplification, etc. The author proposes to legitimize the term “investment treaty” in the theory, legislation and practice of different countries and interstate entities with its division into two large groups: “macroeconomic (public) investment treaties” and “microeconomic (private) investment treaties”.

INTRODUCTION. Forced migration is one of the most difficult global problems. There is a clear interdependence between the problem of refugees and the issue of human rights, since human rights violations are one of the main reasons for the mass exodus of people from their countries of origin. It is also clear that counties that provide asylum have a sustainable practice of respecting the human dignity. Forced migrants have rights that must be respected during all stages of the exodus. We are talking about the fundamental rights and freedoms proclaimed in international and regional human rights treaties, primarily the protection of human dignity and the restoration of the minimum rights of people who left their countries of origin. This article discusses the problems of realization of the minimum rights of forced migrants, that is, those rights that guarantee survival and an adequate standard of living. The authors conduct a detailed study of national legislation in the field of forced migration of such European countries as Italy and Spain. In particular, this article analyzes recent legislative changes adopted in this countries in the field of asylum and the consequences for the realization of fundamental rights of refugees and asylum seekers. MATERIALS AND METHODS. This research is based on the analysis of the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Geneva Convention relating to the Status of Refugees of 1951, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, European Social Charter of 1961, European Union Charter of Fundamental Rights of 2000, UNHCR standards for receiving asylum seekers, and also an in-depth analysis of the national legislation of Italy and Spain in the field of forced migration. The methodological basis of the research consists of both general scientific (comparative historical and statistical methods, methods of generalization and systems analysis, case-study approach) and specific scientific (formal legal and comparative legal methods, method of interpretation of legal norms) research methods. RESULTS OF RESEARCH. On the basis of the analysis of international treaties, European and national legislation, judicial practice of states, as well as doctrinal studies of different researches, the authors formulate some conclusions related to the main problems of legislative regulation and the implementation of minimum rights of forced migrants in such EU member states as Italy and Spain. DISCUSSION AND CONCLUSIONS. Despite the existence of international and, in particular, European standards in the field of human rights, practically those rights that are necessary for survival and maintenance of an adequate standard of living of people who have applied for asylum are not always fully respected. The experience of the Italian Republic and the Kingdom of Spain shows that fundamental rights of refugees can be often violated both during the examination of asylum applications and after their satisfaction. The absence of a unified legislative base, the tendency to pursue a more restrictive policy in the field of forced migration and unresolved problems of asylum legislation entail significant impediments for the realization in these countries of the basic rights of one of the most vulnerable category of people as forced migrants.

Health 2020: European health and well-being policy. It focuses on supporting the actions of governments and society in the direction of significantly improving the health and well-being of the population; reducing the level of inequality in receiving medical services; promoting the health of everyone; ensuring that the health care system is "human-centred". The position of the World Health Organization is unequivocal – "the most important general health issue internationally" is patient safety (an integral component of service quality). It was proven that the reduction in the number of medical errors and similar health-related situations is the result of the integration and coordination of services through the participation of patients and consumers of medical services. The purpose of the paper is to investigate and compare the features of tort liability of medical workers under the legislation of Ukraine and the standards of the World Health Organisation. Our research is based on such methods as comparative legal method, method of analysis, formal legal method, as well as bibliographic method. Semasiology of the concept of "tort liability" for health professionals in Ukraine has differences in comparison with the WHO standards. Accordingly, the level of patient safety in Ukraine is such that needs to be improved to meet international standards.

Purpose: The article discusses current theoretical and practical issues of introducing electronic technologies into the organization and functioning of the judiciary. Methodology: The research is based on general scientific and private-scientific methods of cognition. The general dialectical method allowed investigating the issue taking into account the laws governing the development of the judiciary in the new informational reality. A structural-functional method was also used, which was used to characterize innovations in the activities of the judiciary. Among the private-scientific methods, the formal legal method is used to substantiate and formulate possibilities for the development of the judiciary in the context of a new informational reality. The statistical method is used in the analysis of the practice of implementing developing information technologies in the activities of justice bodies. The comparative legal method is taken as the basis for identifying the general trends of legal regulation and the practice of applying new information technologies in judicial activity. The authors conclude that the introduction of information technologies in judicial activities is a progressive process, in which innovations introduced as an aid to innovation contribute to the effective provision of justice. At the same time, the evolution of information technology in judicial activities isn’t unlimited. The intensification of the introduction of new information and communication technologies in the process of administration of justice necessitates the preservation of the essential purpose of justice, the existing fundamental elements of the judicial system, in particular, that the human judge is the carrier of judicial power, as well as the principles of justice, such as the immediacy of the judicial process, the principle of availability of qualified legal assistance, etc. It is necessary to establish in the legislation the principle of proportionate integration of the artificial intelligence and analytical human mind in administration of justice.

Мета статті: удосконалення інституту адміністративного договору на підставі виявлення проблем укладання, виконання, сфери дії, особливостей правової природи цього договору, а також запозичення позитивного міжнародного досвіду його застосування. Методи дослідження: використано порівняльно-правовий метод, аналізу і синтезу, формально-юридичний. Результати: з’ясовано, що адміністративний договір є ефективним інструментом регулювання адміністративно-правових відносин, що допомагає реалізовувати виконання певних функцій суб’єктами владних повноважень. Виявлено, що законодавством України недостатньо регламентовано досліджуваний договір, що спричиняє дискусії в науковому cередовищі, породжує неоднакові підходи у правовій та зокрема судовій практиці при вирішенні спорів, що виникають з адміністративних договорів. Запропоновано запозичити досвід Німеччини стосовно впровадження адміністративного договору та внести зміни у Закон України «Про адміністративну процедуру», де необхідно чітко визначити підстави укладання адміністративного договору, його зміни, припинення, вимоги до форми та інші важливі критерії. Обговорення: сфери застосування адміністративного договору; контроль за виконанням адміністративного договору; відносини підпорядкування в адміністративному договорі.

The article discusses the problems of protecting climate rights, possible ways to establish climate rights and obligations in Russian legislation. The purpose of the article is to develop scientifically based approaches on the possibility of consolidating the climate rights and obligations of citizens and other legal entities in Russian legislation. To achieve this goal, it is necessary to solve the following tasks: to study Russian legislation, legislation of foreign countries, legal literature, judicial practice on the establishment and protection of climate rights; to establish the relationship between environmental and climate rights and obligations; preparation of proposals for the normative consolidation of climate rights and obligations in the legislation of the Russian Federation. The following methods were used in the research: methods of analysis and synthesis, comparative legal method, formal legal method. The authors come to the conclusion that the absence of enshrined climate human rights in the legislation of foreign countries does not prevent their judicial protection at the national and international levels. There are several options for establishing climate rights and obligations in the legal system of the Russian Federation: establishment of climate rights as a new type of human rights (everyone’s right to a favorable climate); the inclusion of the climate component in the concept of the right to a favorable environment and the obligation to protect the environment; the inclusion of the climate component in other constitutional human rights (the right to life, the right to housing, the right to health protection); establishment of the climate responsibility of public authorities to take technologically feasible and economically sound measures to reduce greenhouse gas emissions and adapt to negative climate changes. The article identifies seven challenges affecting the establishment of climate rights and obligations: the transboundary nature of climate change, the inertial nature of climate change, in which the climate system slowly reacts to changing factors of influence, including the level of greenhouse gas emissions, the amount of responsibility for non-fulfillment of commitments at the international level, responsibility for personal carbon footprint, climate migration, vulnerability of certain categories of the population (women, children, indigenous peoples), climate justice.

Purpose. To compare and analyze the trend of appearance of the pseudo-term “digital criminology” in the science of criminology and prove that this is incorrect. Methodology: induction, deduction, synthesis, analysis, formal legal method, comparative legal method, logical method. Conclusions. The evolution of methods of committing crimes and instruments of crime does not always require the evolution of the science of criminology and the emergence of its varieties. You just have to assess the prospects of extrapolative ways and methods of proving the circumstances of the crimes in the era of digitalization of social relations, in terms of the provisions of modern criminal law and only criminal-legal research unit. The definition of “digital criminalistics”, which has recently appeared in science, actually misleads the scientific community with its novelty and originality, since such criminalistics in nature does not exist a priori. It is necessary to speak only about forensic or expert research of carriers of digital (electronic or computer) information. In criminalistics, it is logical to develop a new direction-the forensic study of electronic media of digital information and the use of computer expertise in establishing all the circumstances of the crime committed. And this is just a new section of forensic technology, studying a new subject of research for this naki. Here, the traditional forensic methodology should be applied, which will be aimed “atlinking” the electronic carrier of digital information and the digital information itself to a specific crime and to a specific person. Scientific and practical significance. The research is aimed at orienting forensic theory and practice towards the study of specific objects and contributes to the fact that all these studies are further applicable to the practice of crime investigation, and not only for theoretical purposes.

The article examines the content of theoretical and legal discussions regarding the concepts of «public order» and «public safety», analyzes various scientific approaches to these terms. The relevance of this scientific work is determined, firstly, by the increasing challenges and threats to the public security of the Russian Federation in modern socio- political realities. Secondly, there is still a wide pluralism of opinions in the scientific community regarding the content and correlation of these important legal phenomena. The main general scientific method of this research was dialectical, the application of which allowed for a comprehensive examination of public order and public safety as a state-legal phenomenon. The logical method in solving research problems consisted in applying the principles of formal logic to the explanation of legal conflicts. The use of the system analysis method contributed to the awareness of public order and public safety as complex systems in their internal structure, consisting of mutually related elements of legal theory and legal practice. Of the special methods of scientific research, the formal legal method has found application. Based on it, a study of legal events and textual sources was conducted, revealing various aspects and aspects of public order and public safety. This made it possible for the authors to interpret them in a logical sequence based on the use of special legal terms and formal constructions. The comparative legal method has taken a large place in solving the set research tasks. Thanks to the appeal to him, it became possible to systematically and comprehensively study the practice of ensuring public order and identifying the specifics of protecting public safety in various periods of the development of Russian statehood. Based on the understanding of the opinions common in Russian legal science, certain distinctive features of these concepts are highlighted. Based on the conducted research, it is stated that there is no unified approach to understanding the concept of «public safety» by domestic legal scholars. It is proved that the synthesizing components of the various formulations of these definitions are the recognition of the existence of an inextricable link between the rule of law, legality and lawful behavior of participants in certain legal relations.

The purpose of this article is to study the legal nature of covert investigative actions - a legal institution enshrined in national legislation in 2014, and to identify the signs by which covert investigative actions (hereinafter – CIA) can be distinguished from other operational investigative measures (hereinafter – OSA). Taking into account the peculiarities of the legal institutions of the CIA and the OSA, a question arises, the answer to which is of fundamental practical importance for distinguishing the MPM and the OSA, by defining their features and purpose. The problem of determining the legal nature is also aggravated by the fact that in the criminal procedural legislation of the Republic of Kazakhstan there is no detailed description of the algorithm of their conduct, unlike other investigative actions. This absence is due to the correlation of CIA with the institute of state secrets, the definition of which follows from the meaning of Article 1 of the Law of the Republic of Kazakhstan "On State Secrets" [1]. To fully disclose the topic we have chosen, the author used various methods of scientific cognition, which allowed not only to analyze the available points of view, but also to formulate his own conclusions and proposals, namely: the method of system analysis, the formal legal method, as well as the comparative legal method. The research presented by us will allow, based on an understanding of the legal nature of the CIA, to successfully apply it without violating the principle of legality, including when using a wide range of forms and methods of operational investigative activities when collecting evidence in criminal proceedings. This is due to the fact that, on the one hand, CIA act as a very effective mechanism for obtaining evidence in criminal cases that have a high degree of latency, and on the other hand, the use of CIA can increase the risk of violations and/or restrictions of a number of constitutional human and civil rights. Moreover, the issue of legalizing the results of the conducted CIA is acute, if they were carried out without the sanction of the investigating judge due to the presence of circumstances that do not require delay.