Эволюция статуса органов конституционного правосудия в Кыргызской Республике

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.

The Limits of the European Union's Transformative Power: Pathologies of Europeanization and Rule of Law Reform in Central and Eastern Europe

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.

Introduction. The article is devoted to the study of changes in criminal procedural legislation regarding the termination of a criminal case due to the expiration of the statute of limitations for criminal prosecution. Purpose. The purpose of the study is to propose a legal mechanism to ensure the right of the victim to access justice in the event of termination of criminal prosecution in the manner prescribed by Part 2.2 of Article 27 of the Code of Criminal Procedure of the Russian Federation on rehabilitative grounds. Methodology. The conclusions and recommendations contained in the work are formulated through the integrated use of comparative legal, formal legal, systemic and structural methods. Results. The work analyzes the position of the Constitutional Court of the Russian Federation, which became a harbinger of these innovations, as well as the opinions of scientists on this topic. Attention is drawn to the fact that, taking into account the purpose of criminal proceedings, the legislator has not paid due attention to ensuring the rights and interests of a crime victim. The need to terminate a criminal case on rehabilitative grounds in the case provided for in Part 2.2 of Art. 27 of the Code of Criminal Procedure of the Russian Federation for the non-involvement of a person in the commission of a crime, for the purpose of respecting the rights of the suspect and accused, ensuring the reasonableness of the terms of criminal proceedings, actually deprives the victim of a crime of the opportunity to recover damages caused by the crime, including within the framework of civil proceedings. Conclusion. The author puts forward a solution to the problem in which the purpose of criminal proceedings on the topic under study will be fully achieved. In particular, it is proposed to provide for the right of the victim to appeal the termination of the criminal case in the manner provided for in Part 2.2 of Art. 27 of the Code of Criminal Procedure of the Russian Federation, during the consideration of which the court is given the authority to change the grounds for termination of criminal prosecution.

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 systemic contradictions and inefficiencies of passport and registration activities were analyzed in the context of changes to the State Border of the Russian Federation. The administrative and legal mechanism of optation, along with the associated passport and registration activities, was studied. Deficiencies in passport and registration activities of both operational and conceptual nature were identified. Based on the analysis of the regulatory framework and law enforcement practice, legal collisions between the service and control functions of the state were determined. The legal and organizational consequences of the identified contradictions were revealed, expressed in risks to public and national security. It was established that the creation of a new Migration Service of the Ministry of Internal Affairs of Russia necessitates a reform capable of overcoming systemic contradictions through the establishment of an integrated legal-information framework and a balanced approach to the integration of new citizens. Various methods were used in writing the article, including formal legal methods, analysis of the regulatory framework, institutional and structural-functional analysis, as well as comparative legal methods. The scientific novelty of the presented research lies in a comprehensive and critical approach to analyzing passport and registration activities as a cohesive administrative-legal mechanism. Conceptual contradictions underlying the mechanism of integration of new territories through the "opt-out" model were identified and theoretically substantiated. The novelty is due to the synthesis of legal analysis of state governance and security, as well as empirical verification of the shortcomings of the activities of territorial bodies of the Ministry of Internal Affairs of Russia when changes to the State Border of the Russian Federation occur. Passport and registration activities in the context of optation face not just isolated failures but systemic contradictions between the state functions of service and control, formal legalization and real social integration, the declarative principle and the universal recognition of Russian Federation citizenship.

This article focuses on and weighs the main benefits and risks of introducing and deploying technological instruments for justice, as well as their potential effect on fairness. The replacement with and complementary use of technological solutions in light of their application in the judicial system in the digital age are considered. The explicit and implicit risks that arise from the introduction and deployment of technology instruments are analysed. Taking an axiological approach that assumes the a priori value of human rights, justice, and the rule of law, we evaluate the main dangers that the use of technological solutions in the justice system entails. With the help of formal legal and comparative legal methods, as well as the analysis of scientific literature and contextual analysis of open sources on the capabilities of artificial intelligence and the bias of algorithms, the article fills in the gaps regarding the potential of technology to improve access to justice and the use of algorithms in decision-making. It is noted that some technological solutions, as well as the usual behaviour of all actors in the digital era, change the nature of interactions, including those in the justice system. The question of the possibility of algorithmic justice is considered from the standpoint of fairness and non-discrimination. The article shows how the use of algorithms can improve procedural fairness but emphasises a careful and balanced approach to other elements of fairness.

One of the pressing issues related to the use of electronic evidence in criminal cases in the context of digitalization and the associated qualitative change in the state of crime committed using information and telecommunications technologies, which is increasingly becoming transnational in nature, is the acquisition of “electronic” evidence abroad. The imperfection of the current rules for the cross-border acquisition of electronic evidence relevant to the initiation, investigation, and resolution of criminal cases, which negatively impacts law enforcement practice, demonstrates the need for new scientific research into the standardization of the activity in question, taking into account best international practices, national characteristics, and the uniqueness of the development path. The purpose of this study is to examine the specifics of collecting and using electronic evidence obtained from a foreign state through an international request in criminal cases, identifying problematic aspects, and determining areas for the unification of cooperation regulations. This goal is achieved through solving a number of problems: studying the scientific developments of domestic and foreign scientists related to the use of digital technologies in criminal procedural activities; an analysis of cross-border electronic evidence collection practices based on the experience of Russia and China; a sociological survey of practitioners to identify problematic aspects of collecting and using electronic evidence obtained from abroad in evidence; and a summary of the data obtained and proposals for harmonizing international cooperation in the area under study. The study’s methodological framework included a dialectical method of cognition, sociological, comparative legal, formal legal, and legal-logical methods, enabling a comprehensive examination of the research problem. The study identified challenges in ensuring the legal validity of cross-border electronic evidence, assessing its validity and authenticity, and holding liable for executing international orders request. Directions for harmonizing international cooperation on obtaining electronic evidence in criminal cases are proposed and scientifically substantiated.

Introduction PART 1: THE PRIVATE LAW CONTRIBUTION TO THE RULE OF LAW 1. Fidelity in Law's Commonwealth 2. The Rule of Law and Private Law 3. The Rule of Law as the Rule of Private Law 4. Liberty and Legal Form 5. Unseating Unilateralism 6. Torts and the Rule of Law 7. Private Law Pluralism and the Rule of Law PART II: THE RULE OF LAW CONTRIBUTION TO PRIVATE LAW 8. Strict Duties and the Rule of Law 9. Some Rule-of-Law Anxieties about Strict Liability in Private Law 10. Property, Equity, and the Rule of Law 11. Equity and the Rule of Law 12. The Power of the Rule of Law 13. Boilerplate: A Threat to the Rule of Law? 14. The Rule of Law and Time's Arrow

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.

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”.

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.