Vol 8, No 2 (2024)

The purpose of the study is to define the concept of prevention of violations of mandatory requirements from a theoretical and legal standpoint and its place in the system of customs control and supervision. To achieve the stated goal, the following tasks are set: a) to offer a theoretical and legal justification and characterize the prevention of violations of mandatory requirements in the system of state control and supervision; b) highlight options for positioning the prevention of violations of mandatory requirements in the system of state control and supervision; c) identify the problems of determining the place and role of preventing violations of mandatory requirements in the system of control and supervisory activities of the state; d) analyze the use of the concept of prevention of violations of mandatory requirements in the system of customs control and supervision; e) identify the problem of a uniform understanding of the prevention of violations of mandatory requirements in the customs sector and propose ways to solve it. To solve the problems, the method of analyzing scientific literature on the research topic, as well as international treaties and regulations, comparative legal and formal legal research methods were used. Based on the results of the study, various approaches to the theoretical and legal definition of the concept of prevention of violations of mandatory requirements and its place in the modern system of state control and supervision are identified. Based on a review of international treaties in the field of customs regulation and customs legislation, the specifics of using the concept of prevention of violations of mandatory requirements in the customs sphere are substantiated. It is concluded that there is no uniform understanding and use of the concept of prevention in the centralized and decentralized spheres of control and supervisory interaction, as well as the need to take into account the specifics of the type of state control and supervision when using preventive measures.

In the 18th century, with the assistance of the state, impetus was given to the development of general history as a science. An overview of state policy is given that has provided conditions for the creative activity of foreign historians in Russia, which is associated with the determination of the main directions of scientific research. The purpose of the work is to reveal the contribution of German scientists: G.S. Bayer, G.F. Miller and A.L. Schlözer, to the development of scientific interest in historical and legal problems. The analysis of the creative heritage of foreign academics allowed us to come to the conclusion about the significant contribution of the latter to the formation and development of the scientific methodology of general history and later the history of Russian law. We reveal the content of the main activities of G.S. Bayer, G.F. Miller, A.L. Schlözer in Russia, which contributed to the definition of a range of scientific problems for future general historical and historical-legal research, the accumulation of empirical material, and the development of a critical method of working with the source. It is emphasized that German historians were among the first to attempt to reveal the specifics of legal sources and comprehend their value for both scientists and legal practitioners. The research is based on the principle of historicism, which implies consideration of the subject (the scientific activities of G.S. Bayer, G.F. Miller and A.L. Schlözer, contributing to the formation and development of professional interest in the history of Russian law) in dynamics and in direct connection with specific historical conditions. The principle of interdisciplinarity involves the use of scientific techniques and categories from the field of intellectual history, theory of state and law, history of state and law of Russia. In addition to general scientific methods (analysis, synthesis, deduction, induction), special methods (specifically historical, method of synchronous analysis and biographical description) are used to achieve the research goal.

Dedicated to the analysis of the concept of principles of law in natural legal understanding in the interpretation of A.V. Konovalov. The purpose of the work is to identify the features of the natural law concept of the principles of law by A.V. Konovalov and determining its significance in the theory of principles of law. The emphasis is placed on the fact that the principles of law are studied by scientists not only from different angles, but also based on different types of legal understanding. The main attention to the principles of law is paid by representatives of the positivist legal understanding, to a lesser extent – by libertarian and integrative ones. Until recently, there were no comprehensive studies of the principles of law based on natural legal understanding. It is substantiated that consideration of R. Dworkin’s concept as a variant of natural law theory is debatable. It is proved that at present the only concept of the principles of law in the context of natural law theory is the concept of A.V. Konovalov, which the author himself defines as objective idealism and usnaturazism. The concept of principles of law by A.V. Konovalov is critically analyzed, including such elements as ideas about the principles and proto-principles of law, their nature, essence, system, and social significance. It is concluded that the concept under study is not aimed at improving the principles of positive law, but has mainly moral and ethical significance. Natural law concept of principles of law by A.V. Konovalov guides the legislator, law enforcer, and the scientific community to understand the original ideas and values that lie (or should lie) at the basis of the social structure in general and legal regulation in particular.

One of the most controversial events in the history of Russian parliamentarism is analyzed. The motives for the Vyborg Manifesto are clarified. The stages preceding the signing and publication of the text of the document are studied. The aim is to clarify the role and significance of participation in the Vyborg Manifesto by F.F. Kokoshkin, who was one of the significant public and political figures of that time. The consequences of this event are noted, affecting both the jurist himself and those that influenced the history of the development of domestic constitutionalism. The following research methods are used: historical-legal, formal-legal and comparative-legal approaches of scientific cognition. As a result of the conducted research, the main reasons that served as the basis for the appeal of a group of former deputies to the people are identified. It is noted that the demands were of a radical nature and included calls for a boycott of the government in the form of refusal to pay taxes, replenishment of the army and recognition of loans. The process of creating the text itself took place in multi-stages, starting with the drafting of the appeal in St. Petersburg and ending with a full-fledged discussion in Vyborg. The result of the appeal did not justify itself, there was no popular unrest. F.F. Kokoshkin played a significant role in drafting the text of the appeal to the people and subsequently repeatedly defended his position. After the trial, the lawyer was sentenced to three months in prison, deprived of all voting rights and expelled from the Moscow nobility. The Vyborg Manifesto became a precedent in passive resistance to the authorities.

Comparative studies of ancient Slavic law conducted by a Belarusian scientist, a specialist in the field of state history and legislation of the Middle Ages, V.I. Ermolovich, are considered. The importance of analyzing the Asia Minor theory of the emergence of the legal, ethnic and state prehistory of the Serbian people, updated by this researcher, is substantiated. The role of the reception of Roman law in the development of civil relations between the archaic powers of the Nemanichs, Rurikovich, the kingdoms of the Czech Republic and Poland, the Grand Duchy of Lithuania, Russian and Zhmud and other medieval Slavic states is confirmed. The importance of V.I. Ermolovich’s scientific discoveries on the use of the construction of a legal entity and a bank deposit agreement in Ancient Slavic legislation is proved. A point of view is formed on the gradation of types of feudal property in the Slavic lands: thus, along with state, communal and private feudal property, the foreign property is analyzed. The collegians – trade unions of merchants of the Dalmatian coast as prototypes of future joint-stock companies are specially studied. It is concluded that V.I. Ermolovich made not only a significant contribution to the study of historical and legal problems of legal Slavistics and Medieval studies, but also outlined the vector of future research on the genesis of statehood and the legal system of the Slavic peoples.

Theoretical and methodological aspects of the prevention of destructive behavior of minors from the position of specialists in the field of jurisprudence are considered. An integrated approach to solving this problem is substantiated, taking into account the knowledge of sociology and psychology, and the institutional aspect in the prevention and counteraction of destructive behavior in adolescents is identified. General scientific methods are used as the basic methodology: analysis of specialized literature and regulatory legal acts on the research problem; historicism method , modeling and system structuring method. It is indicated that in modern conditions of the spread of extremist ideology in Russia, several stable trends can be identified: the creation and development of stable, functioning social associations that not only share extremist values, but also seek to spread them; focus on popularizing the ideas and beliefs of extremism, including in the context of the admissibility and possibility of extremist activity; an increase in the number of national and religious associations whose activities involve criminal acts against individuals and society; evolution of the structures and level of organization of extremist associations: the emergence of heritage practices, training of new personnel, etc. It is emphasized that in modern realities, youth group extremism is the result of modern communication of a young person and unfavorable environmental conditions. It is concluded that formulated about the importance of further systematization of research on identifying and correcting destructive behavior among minors, and modern methods for preventing these manifestations are proposed.

The work is devoted to the consideration of legal incentives and their role in ensuring balance on the example of legal regulation of family relations. Thus, in relationships, an important role is played by optimizing not only the ways of legal regulation of these relationships, but also the ways of influencing the behavior of its participants, among which it is necessary to identify legal incentives as ways that will be the most loyal and appropriate to the nature and nature of the relevant relationship. The subject of the work is the analysis of legal regulation on the volitional interaction of subjects, which involves the coordination of the will of legally equal subjects of legal regulatory activity (contractual, autonomous), the essence of which determines the methods of legal regulation, also the subject will be directly ways to influence the behavior of its participants, among which legal incentives (as methods) are distinguished. The priority of legal incentives is of decisive importance, since it allows taking into account the interests of subjects of private relations as much as possible. The purpose of the work is to consider the priority of legal incentives and identify them as ways of positive legal impact when balancing, in particular, the legal regulation of family relations. The methodological basis of the research was: general and private scientific methods, namely logical, functional, formal and legal; techniques such as description, analysis, generalization, abstraction are used. The work notes that the choice of an additional individual contractual method of legal regulation of family relations is decisive in the formation of socially active lawful behavior of various subjects of law, since reasonable freedom and equality in the choice of legal means, the possibility of establishing an “individual” legal regime are provided. Regulation of relations in a private way is inherent where the interest of the subject is closely related to the personality, individualized. Thus, the incentive for using the contractual method of regulating family relations is the desire (will) of the subject to “reinforce” their legal guarantees of the exercise of personal non-property rights, which allows us to talk about the balance of legal regulation of this group of legal relations in accordance with the interests of spouses, spouses as parents. Despite the inconsistency of contractual regulation of personal non-property legal relations of spouses in the domestic legal system, it is noted that this does not contradict the essence of the legal relations themselves and the principles of law, can play an important protective role in the mechanism of legal regulation. Therefore, contractual regulation is characterized by consistency of interests, which is the main factor in the formation of lawful behavior of legal entities.

The specialized international legal acts regulating the issues of prevention and liquidation of emergency situations in the Arctic region are considered. The study of the above-mentioned legal acts in the international cooperation field indicates the readiness of the Arctic states, parties to relevant international treaties, to jointly confront emergencies and their consequences, regardless of geopolitical and other interests. Normative documents and treaties adopted at the international level set the direction for improving the national legislation of the Arctic states. In this context, all Arctic States have developed their own strategies for the development, use and protection of their Arctic territories. The ongoing changes in international politics necessitate the regulation of the Arctic through new international legal instruments. Scientifically based proposals have been formulated to improve the legal regulation of international cooperation in the emergency prevention and response field in the Arctic on the development and adoption of a new international Convention in the emergency prevention and response field in the Arctic region. The main characteristics and features that the proposed convention must comply with in order to effectively regulate these issues are also indicated. A logical algorithm for the development and coordination of the above-mentioned new international Convention is proposed, taking into account the mutual interests of the Arctic states.

The relevance of the study is due to the importance of using knowledgeable persons in the iatrogenic crimes disclosure and investigation. The problems of investigating these crimes are determined by the difficulty of identifying offenses committed by medical professionals in their diagnostic, therapeutic, preventive, and rehabilitation activities. The purpose is to consider the specifics of the specialists and experts use in the investigation of crimes committed in the medical care provision. The tasks’ implementation is achieved using the laws of dialectics, formal logic and the use of general scientific and private scientific research methods. It is concluded that the peculiarity of the iatrogenic crimes investigation is due to the activities specifics of medical workers in providing assistance, as well as the processes occurring in the patient’s body. The study of these issues requires the persons assistance with special knowledge in this field. The reliability of specialists’ and experts’ conclusions allows the subject of the investigation not only to correctly carry out the legal qualification of what he did at the initial stage of the investigation, but also to develop a strategy for further work on the criminal case. The use features of knowledgeable persons at different stages of the iatrogenic crimes investigation are considered. At the same time, special attention is paid to the prescribing and organizing examinations problems of the medical care quality, and commission forensic medical examinations, which in practice cause difficulties in their application by the investigation subjects.

Non-profit organizations play a significant role in modern society, they unite a huge number of citizens connected by common interests and views. Therefore, it is at least unwise to ignore their influence, including on state security issues. Within the framework of a traceable scientific discussion, the issues of non-profit organizations’ participation in the process of ensuring national security are investigated. Various approaches to understanding national security and civil society are considered. The determining the essence problem of a non-profit organization and establishing criteria for classifying non-profit organizations in order to classify them as subjects of civil society is outlined. The current economic and political situation in the world requires a change in approaches to the legal status of a non-profit organization, systematization of their organizational and legal forms, functions and methods of activity. Attention is drawn to the need to form a comprehensive legal framework, including the principles’ establishment, the communication forms development for non-profit organizations, as civil society representatives, and government agencies in order to achieve the tasks set to ensure social consensus and national security. The necessity of developing a comprehensive legal definition of the concept and essence of non-profit organizations as institutions of civil society is substantiated.

The concept, legal regulation and stages of conducting a legal examination of a draft notice on the procurement of goods, works, services to meet state and municipal needs are considered. It is noted that this legal institution, by its nature, represents control on the part of the relevant entities, which consists in establishing the relationship between the actions of participants in the contract system and the legal regulations that they must fulfill when placing an order for the goods supply, work performance, or services provision. In view of this, legal examination within the framework of the contract system is a striking example of legal control for the purpose of its effective functioning.