Институт срока в правоотношениях по обеспечению исполнения государственного (муниципального) контракта и гарантийных обязательств: вопросы практики правовой регламентации

The subject of this work is the study of legal norms contained in Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation” and international law, establishing grounds for canceling decisions on citizenship in connection with the use of false documents or the reporting of knowingly false information, as well as the judicial practice of their application. We pay attention to the fact that the cancellation of decisions on the acquisition of citizenship is a form of constitutional legal responsibility in the form of the cancellation of a legally significant result. The methodological basis of the research is formal logical, interpretative, logical, comparative legal research methods. Formal legal, interpretative, and comparative legal methods are used in the analysis of the specific content of legal requirements relating to questions of canceling decisions on questions of canceling citizenship of the Russian Federation. The scientific novelty of the study lies in the analysis of the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation regarding the content of the concepts of “false document” or “knowingly false information”. Of practical interest is also the question of the possibility of applying restraint periods when canceling decisions on citizenship issues.

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.

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.

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.

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.

Subject. The article considers the system of fiscalization of settlements using cash registers in the Republic of Uzbekistan. It is stated that the uncertainty of the legal regulation of this area creates the basis for tax evasion. As a result, the author identifies growth points for increasing the level of tax discipline by improving the legal framework: demarcation of the sphere of fiscalization, revision of the system of tax penalties and the introduction of new types of sanctions and interim measures against violators, improvement of the motivation system of civil control.The purpose of the study. The purpose of the article is to develop regulatory proposals to eliminate legal uncertainty in the field of fiscalization of settlements in the Republic of Uzbekistan in order to increase the level of tax security of the country. Methodology. The formal legal and comparative legal methods have been used in the course of the study.Conclusions. In the course of the research, the author has prepared a number of proposals to improve the legal mechanism of fiscalization of settlements in the Republic of Uzbekistan.

The object of research of this article is interstate relations in the field of legal regulation of the use of marine genetic resources. The author presents a detailed analysis of the concept of "marine genetic resources", draws a distinction with other similar concepts used in international legal acts. The current international legal acts in this area are considered in detail, as well as the draft of an International legally binding Document on the conservation and sustainable use of marine biological diversity in areas beyond the limits of national jurisdiction. A number of problems related to the international legal regulation of the use of marine genetic resources are identified. Comparative legal analysis, formal legal, formal logical and system methods, methods of analysis and generalization were used as the main methodology of the study. The novelty of this study lies in the fact that at the moment there is no universal international legal act that would regulate the use of marine genetic resources. It is also necessary to note a small number of scientific papers, mainly by foreign authors, devoted to this topic. At the same time, such resources have found wide application in various branches of science and production. Taking into account the above, it seems relevant to conduct additional scientific research aimed at studying the international legal regime of marine genetic resources. As a result of the presented research, the analysis of the concepts of "marine genetic resources", "genetic material", "marine biological resources", "living marine resources" was carried out. A number of problems in the international legal regulation of this sphere have been identified. So, in particular, the extension of the principle of the common heritage of mankind to marine genetic resources, if it is impossible to extend this principle to the open sea, may further generate legal conflicts. The author comes to the conclusion that it is necessary to further study the international legal regime of marine genetic resources.

The digital transformation of society has given rise to new forms of objects of social relations – digital rights, digital financial assets (cryptocurrencies, tokens), virtual objects, and data arrays. These entities, possessing economic value, require adequate legal protection. However, traditional criminal law, focused on material objects, faces serious challenges in classifying attacks against them. The lack of clear definitions and gaps in regulation lead to conflicts in law enforcement practice and reduce the effectiveness of the fight against cybercrime. The purpose of this study is to comprehensively analyze existing problems related to determining the legal status and criminal protection of digital objects in Russian criminal law, as well as to develop scientifically based conceptual approaches and specific proposals for improving legislation and law enforcement practices to ensure adequate protection of digital objects. Materials and methods. The study utilized regulatory legal acts of the Russian Federation, including the Criminal Code and the Civil Code, federal laws (e.g., on digital financial assets), academic publications, and case law. The research methodology includes dialectical, formal legal, and comparative legal methods. Results. The article identifies terminological ambiguities and substantiates gaps in current criminal law regulation for the protection of digital objects. A concept for recognizing a digital object as an independent object of criminal law protection has been developed, serving as the basis for the development of specialized norms. Specific proposals for improving the Criminal Code of the Russian Federation are formulated, including expanding the definition of "property" and introducing new offenses. The concept of a "digital object" is proposed as an independent category in criminal law, distinct from the traditional concepts of "property" and "information," requiring specific legal regulation. The need to include new offenses in criminal law, such as "Illegal Appropriation of a Digital Asset," is substantiated to directly regulate attacks on digital assets and avoid strained classifications. Conclusions. Current criminal legislation in the Russian Federation does not fully meet the challenges of the digital age, and a comprehensive approach is needed, including both legislative amendments and the adaptation of law enforcement practices, to create an effective system of criminal protection for digital assets and ensure the security of the digital society.

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.

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”.

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

Introduction. The article presents a general legal analysis and juxtaposition of the two analogous agreements, mediating the relationships of public and private entities in the investment sphere: concession agreements and agreements on public-private (municipal-private) partnership. The analysis is carried out taking into consideration the lessons learned in the legal regulations, judicial and bidding practice. Theoretical Basis. Methods. The theoretical basis for the study is rooted in the basic proceedings on economics and law in the sphere of public-private partnerships as well as the analytics of some international organizations. The research uses traditional methods such as dialectical, formal legal and comparative legal methods. Results. Based on the belonging of the agreements in question to one group of public-private partnership treaties, similar elements of theirs are characterized. With this in mind, the mechanism of choosing the optimal contractual construction is described in the article. Basic dissimilarities of the agreements are also considered. The main one of them is definitely ownership rights to the object of the treaty. Moreover, the article touches on the practical problems and theoretical issues related to the topic, including the usage of some international experience. Conclusion. Practical suggestions towards the improvement of the awarding and execution of the agreements are made, such as the necessity of registration of the ownership right for all of the projects implemented by the agreements on public-private partnerships. The author also mentions some theoretical aspects of shared ownership of public and private partners.

The subject of the study is policy and legal documents that are the basis for determining strategic goals and priorities of socio-economic development and ensuring national security of the Russian Federation in the field of combating corruption. The paper considers the development of the processes of digital transformation of public and municipal administration in the aspect of anti-corruption. The anti-corruption potential of integrating end-to-end technologies into traditional models of interaction between society and the state is investigated, and the prospects for countering corruption manifestations through digitalization of public and municipal governance processes are assessed. The importance of the digital transformation of public administration for ensuring openness and transparency of the activities of authorities is substantiated. Particular attention is paid to the absence of a universally recognized definition of digital transformation both in legislation and in the scientific community due to the novelty and "blurring" of the boundaries of this phenomenon. The methodological basis of the study was made up of general scientific and special methods of cognition, the use of which is determined by the specifics of the topic under study (formal legal, historical legal and comparative legal methods). The conducted research made it possible to consider a retrospective of the process of digital transformation of state and municipal administration in the aspect of state anti-corruption policy, as well as to identify promising areas for further development and implementation of digital technologies in anti-corruption activities at the federal level.

The object of the study is public relations on the systematization of legislation and the activities of the legal service of a public authority. The subject of the study is public relations related to the work of the legal service of a public authority and a local government body on codification, consolidation, incorporation and accounting of normative legal acts. The author examines in detail such aspects of the topic as the formation of a classifier of legal acts, the development of a methodological basis for the classification of normative legal acts. Special attention is paid to the practical aspects of the classification of normative legal acts, as well as the need to create a Code of Laws of the Russian Federation based on the classifier. The historical background of the work on the systematization of legislation is analyzed. The role and powers of the legal service of the authority in the field of systematization of legislation are determined. The methodological basis of the research is philosophical and logical methods of cognition. Formal legal and comparative legal methods were used in the study of specific forms of systematization of normative legal acts. The novelty of the scientific research consists in studying the role of the legal service of a public authority and a local government body in carrying out work on the preparation of codified and consolidated normative legal acts. Legislative work should be systematic, which should be facilitated by the classifier of legal acts. It should be official in nature and contribute to the unification of legislation at both the federal and regional levels. It should also be based on the existence of branches in the legal system and branches of the legislative system when compiling the classifier headings. The subject criterion should be key and take into account the structure of the legal system and the system of legislation. The author comes to the conclusion that it is premature to start active work on the formation of the Code of Laws of the Russian Federation, since this is due to significant financial investments, as well as the lack of proper stability of legislation. Currently, there is an active formation of new legal institutions and the formation of new branches of law. Therefore, codification should come to the fore. Currently, not only the legal services of specific public authorities, but also private individuals, are doing an excellent job with the issues of incorporation and accounting.