Introduction. The static and dynamic aspects of the theory of legal normativity are almost unstudied in the native juridical science, whereas without studying the essence of the legal norms in general and the legal theory in particular, the analysis thereof can hardly be called complete. At the same time, due to the legal scholars addressing this topic, the development of the modern Western jurisprudence has been greatly fostered. The significance of the above aspects of normativity can hardly be overestimated both for juridical theory and for law enforcement practices, especially if borne in mind that practical application of these aspects is carried out by the empirical norm-setters. The aim of the present article is to study the static and dynamic aspects of the theory of legal normativity based on the practices and analysis of their coverage in the Western juridical science.
Materials and Methods. The works of the Western theoreticians and philosophers of law who study the problems of normativity, as well as its static and dynamic aspects have been analysed in the article. The social relations subject to the regulation in the static and dynamic aspects of the theory of legal normativity have become the objects of the study. The research was carried out based on the following methods of scientific cognition: dialectical, analytical methods, as well as the methods of analysis, synthesis, induction and deduction.
Results. The static and dynamic aspects of the theory of legal normativity were characterised. The notion of a legal norm unit was analysed. The relationships and hierarchy of the norms within a legal norm unit were determined.
Discussion and Conclusion. The results of the present research have the potential of practical application in the field of law enforcement, because law enforcement is based on the normativity. The theoretical and practical conclusions made by the authors can become a basis for further scientific research in the field of philosophy and legal theory.
Introduction. The article investigates the legal regulation mechanism of the state financial control on the territories of advanced social and economic development. The topic under study is particularly relevant, because the mechanism of the special legal regime for business activity is one of the drivers ensuring the socio-economic growth of the regions and, accordingly, strengthening the role of the state financial control. The object of the study is the process of the state financial control on the territories of advanced social and economic development. Within the research, an aggregate of the theoretical and methodological, legal and organizational support measures of the process of the state financial control on the territories of advanced social and economic development has been studied. The article aims to substantiate and develop the theoretical and methodological and legal provisions, as well as practical recommendations for improving the legal regulation of the state financial control execution on the territories in question.
Materials and Methods. The general and specific scientific methods of scientific knowledge were used to conduct the research. The informational and empirical basis of the study was formed by the provisions of the fundamental scientific research works, federal and local regulatory legal acts, reporting and assessment standards, statistical data on the state financial control on the territories of advanced social and economic development.
Results. The practices of functioning the special economic zones in China and the model of the state financial control system have been analysed. The challenging aspects of the state financial control processes on the Russian Federation territories of advanced social and economic development have been identified. It has been proved that the identified problems could be solved by creating the state financial control mechanism on these territories, which would be recognised at the legislative level, and include the regulatory, informational, organizational, personnel support of the control process, its methods and tools. Based on the experience of the PRC, the practical recommendations have been formulated, which could serve as the useful experience for the Russian system of the state financial control.
Discussion and Conclusion. The paper has proved that improvement of the legal regulation of the state financial control execution on the territories in question could foster the legislative recognition of the conceptual and categorical apparatus used for the state financial control on the territories of advanced social and economic development, create the efficient mechanism of the state financial control, strengthen and enhance the efficiency of the state governance control functions, prevent and reduce the number of financial and economic offences, stabilize the economic indicators of the regions and the state as the whole.
Introduction. The article seeks to investigate the problems of the contractual normative legal regulation as a mechanism ruling the organizational relationships in the national civil law. The relevance of this topic is induced by the theoretical and practical importance of the certain contract designs (preliminary agreement, framework agreement), their legal regulation features in the up-to-date settings. One of the objectives of the contemporary civil law is to create the designs of the contracts that ensure the stable development of the civil turnover in the context of the current economic situation development in the country and in the world. The economic relationships typical for the market of goods and services require the legislative norms for designing the contracts, thus it is important to have the efficient mechanisms ruling the economic relationships between the parties of a transaction. Being an important element of the civil turnover, the norms, which are currently used in the design of the certain contracts (preliminary agreement, framework agreement) need further improvement. The aim of the present research is to analyse the legal regulation ensured by the contract designs (preliminary agreement, framework agreement) in the Russian Federation, identify the problems arising during their legal enforcement and possible ways to solve them.
Materials and Methods. In the frame of the research, a combination of the general scientific and specific methods of legal reality cognition were used. Among the methods actively used to carry out the research there were the system-structural, comparative-legal, legalistic, logical methods.
Results. It has been proved that the most important advantage in the designs of the certain contracts (preliminary agreement, framework agreement) is the possibility for the parties to build the flexible relationships, which thus acquire the longer-term character. In the context of the changing economic situation and the civil turnover requirements in the Russian Federation, the design of the contracts in question needs constant legislative improvement, therefore a number of provisions have been developed to foster further theoretical analysis of such important phenomena as a framework agreement and a preliminary agreement, and their application in the legal enforcement practices.
Discussion and Conclusions. The problems referring to application of the certain contract designs (preliminary agreement, framework agreement) in the context of the Russian civil turnover have been identified. This makes the conducted research not only up-to-date, but also helps to define the trends for improving the new approaches to understanding the studied problem in the doctrinal, legislative and practical aspects.
Introduction. The expedient and ongoing development of the forensic science is explained by the various geopolitical, economic and social conditions of the progress taking place in the Russian Federation and our society, as well as by transformation of the phenomena, processes and events referring to the crime and combating thereof. Any criminal activity is inevitably followed by the post-criminal behaviour of the persons related to the event of crime and its investigation. It has been acknowledged that within four – five years period, on average, every fifth citizen of the Russian Federation encounters and acts in the criminal and post-criminal reality. The statistical data and specially elaborated author’s own analysis conducted in the empirical part of the research have revealed the mutual penetration and the existing latent regularities and patterns. The current state of combating the crime is characterised by the increase of grave and especially grave crimes, latency, post-criminal subsequence, recidivism and high rates of unsolved crimes. On the one hand, there take place the digitalization of crime methods and/or their replication from abroad, there emerge the new ways of crime concealment and counteracting the investigation thereof, and, on the other hand, there go on the systemic changes in the criminal law, criminal procedure legislation, which result in existing shortcomings and arising need of the law enforcement authorities for criminalistic support at the beginning of investigation. The above circumstances have determined the choice of the topic of the article, which is subordinate to the aim of studying the logical influence of the beginning of the post-criminal behaviour of the persons on the content of the initial investigative situations.
Materials and Methods. The longitudinal study was conducted using the systemic, situational and activity-based approaches. The program of the conducted research involved the scientific method of repeated observation over the criminal and post-criminal reality. While distinguishing the problem, a comparative analysis of the official statistical data for the last five years and scientific and thematic analysis of the forensic and specialised literature were carried out. To identify the influence of the post-criminal behaviour beginning on the initial situation, the mathematical methods of analysis of the obtained patterns and relationships were used based on the author's developed program of studying the criminal cases, along with the probability theory methods, modeling theory and a number of other methods.
Results. The article presents the results of the analytical work (carried out within the period of 2020-2024), formulates the conclusions and suggestions. The influence of the post-criminal behaviour beginning on the initial investigative situation of grave and especially grave crimes was revealed and proved, the previously established interrelation between the crime gravity and post-criminal counteraction to the investigation was confirmed, the features of the post-criminal behaviour of the certain participants related to the event of crime were studied, the influence of the criminal activity organisation degree on the content of the post-criminal counteraction, assistance or behavioural evidences was analysed.
Discussion and Conclusion. It was found that in the period of 2020–2024 the number of concealment methods of grave and especially grave crimes tends to increase among the subjects of crime. This was most prominently manifested in the cases of crimes committed by a group of persons, which led to determining the majority of the initial stages of investigative situations as unfavourable and conflict. The forensic knowledge acquired upon the research can be used not only by the forensic scientists for elaborating the certain methods of investigating the grave and especially grave crimes, but also by the investigators for assessing and investigating the initial stages of the investigative situations of such crimes. The initial investigative situation is a situation, when the investigation of grave or especially grave crimes begins, it represents an extrapolation of the contradictions between the qualitative criteria facilitating the investigation and quantitative combinations of the investigation counteraction or the behavioural evidences of the participants related to the event of crime. The post-criminal behaviour of the persons related to the event of crime is directly connected to the mechanism of committing the grave and especially grave crime, to the characteristics of the personality of a certain subject of crime.
Introduction. Within the Russian scientific and legal doctrine studying the issue of application of the provisional measures by the international judicial or quasi-judicial bodies and institutions has not become comprehensive yet. On the contrary, the international legal doctrine reveals a wide range of disputable issues in this field, which arise due to the absence of the clear provisions in the statutory documents and regulations of the international judicial, quasi-judicial institutions and tribunals, as consequence, the existing gaps are filled in with the judicial practice. The aim of the article is to study the general guiding principles for application of the provisional measures, which were developed and adopted by the Institute of International Law upon the analysis of application thereof in the international and national dimensions.
Materials and Methods. The study was carried out using the dialectical method of cognition as the main scientific method, the general scientific methods of analysis, synthesis, as well as the specific juridical methods – empirical and legalistic ones.
Results. In the article the guiding principles for application of the provisional measures have been analysed and systematised, based on the results of the research held by the leading scientists and international law experts, as well as judges of the international institutions and judicial bodies. Upon the results of the study on grouping the provisional measures, it has been revealed that their contribution to the international legal doctrine is significant, since they stipulate a clear attitude to a number of disputable aspects of their application, and at the same time define the certain features of their practical application.
Discussion and Conclusion. It has been noted that these principles have already stipulated a list of conditions for application of the provisional measures, as well as an unambiguous attitude to the legally-binding effect thereof. Nevertheless, on the one hand, the guiding principles answer the disputable issues existing in the international legal doctrine, on the other hand, they arise a number of new theoretical and practical issues, which will be a target of this article. In the frame of the present study, it has been found that the purpose and conditions for application of the provisional measures are contained in the several separate guiding principles, however the logic of consistent order of these principles is unclear. In the article the conclusion was made that the disputable issues result from the fact that the guiding principles cover the practices of provisional measures application not only by the international bodies and judicial institutions, but also by the national courts. Availability of the clarifications to each of the principles would facilitate the correct and coherent application of these principles in practice. Moreover, further research into the possibilities of application of the provisional measures in the frame of the general guiding principles proposed by the Institute of International Law is considered important both for the international and Russian legal doctrine.
Introduction. Nowadays digitalization, development of the information and telecommunication technologies affect all spheres of society life. Scientists disagree in their assessment of these processes: some believe that digitalization is one of the global problems of our time, others emphasize its importance for ensuring the economic growth of a state. The process of forming the information society is recognised to become a new stage in development of civilization. To understand the essence of the society transformation induced by the information technologies, it is necessary to clearly define the prerequisites for the origin of this phenomenon. The study has revealed that in the present-day context of digital transformation the law and legal technology are noticeably lagging behind the rapid development of digital communications. Despite the existing diversity in understanding of a state and sufficient study thereof, the problem of the “digital state” concept definition still remains, due to the absence of this definition in the normative legal acts. The aim of the study is to analyse the concept of a “digital state”, identify problems in the field of public governance caused by development of the digital technologies, and develop the recommendations for efficient transformation of a state in the context of digitalization.
Materials and Methods. To ensure the relevance and reliability of the results obtained, the study was conducted using the general and specific methods of scientific cognition, in particular, the dialectical method, method of content analysis of the normative legal acts, comparative legal study, as well as historical, systemic, structural-functional, logical and other methods. Various approaches to interpreting the legal norms were used to distinguish regularities in their implementation. The method of content analysis of the regulatory legal acts and logical method enabled understanding the essence of a digital state. The modeling method made it possible to formulate the proposals on improving the legislation in this field.
Results. Modern understanding of a state was studied, the concept of a "digital state" was analysed. The state transformation features and problems in the context of digital technologies development were revealed. The article substantiated the need of legal regulation transformation to ensure not only protection from the cyber threats, but also implementation of the constitutional rights and freedoms of the citizens in the digital environment, as well as support of the communication efficiency in the new conditions.
Discussion and Conclusion. Based on the results of the study, the recommendations have been developed for efficient transformation of a state in the context of digitalization. The present work is significant for development of the Russian juridical science and improvement of the public authorities’ work. The problems revealed in the studied subject area indicate the expediency of enhancing the efficiency of implementing a concept of a digital state. The theoretical and practical conclusions formulated by the authors are proposed for further research and enhancement of the acting legislation of the Russian Federation.
Introduction. It is well known that a criminal deed can be efficiently prevented by focusing the intent attention on the criminal’s personality, which bears the criminogenic features of the determinative system, serves as a backbone for the criminal behaviour mechanism. As follows from the existing research results, some features of the present-day criminal violence are determined by the specific social environment, which implies psychological adoption of the population to the dangerous criminal phenomena. In this regard, there arises a risk of perceiving a crime as an integral part of the social environment, a norm of the surrounding reality, which turns into a kind of a beneficial "life pattern" for the increasing number of citizens, who are willing to “try it on” because, for the sake of achieving a goal, they are ready to accept the idea of not only violating the law, but also of demonstrating the aggression and violence while doing so. The article attempts to reveal the subject matter of the psychosocial anamnesis of the personality of a killer with psychic deviations, to identify a range of preventive measures. The study is relevant because the psychological background of the society, which reflects the reaction of the population to the certain events, also reveals itself in wide-spreading the certain clinical manifestations influencing the unlawful behavioural variability. Thus, among the persons who had committed a murder, the proportion of criminals with psychic deviations reaches 50 %. The aim of the study is to provide a criminological analysis of the personality formation patterns of the killers with psychic deviations and define the preventive measures for identifying the persons of the studied category.
Materials and Methods. In the article the results of the research carried out by the native and foreign scientists on the mechanism of violence manifestations in the persons with psychic deviations was analysed. Within the study the general scientific and specific scientific methods were used: the comprehensive methods of analysis and content study of the surrounding reality consistent patterns that influence the formation of the antisocial aggressive mindset in a personality, as well as the statistical method and the method of system analysis of the present-day social formations.
Results. The importance of the studied type of criminal violence has been determined from perspective of the antisocial harmfulness of this special phenomenon of the criminal law and criminology. The problems of the psychic deviations etymology have been revealed. The difficulties in defining and implementing the preventive measures towards the persons with the psychic disorders have been substantiated.
Discussion and Conclusion. The present-day radicalization of the social formations caused by the radical changes in the components and foundations of the life of an individual cannot but influence the state of the clinical manifestations, the dynamics of their most acute forms, such as psychic disorders, which are often manifested in aggressive, inadequate behaviour. It is alarming that the Rostov region occupies the fourth place in consumption of the antidepressants, which indicates a high level of anxiety in society. The negative features of the personality formation related with the adverse influence of the surrounding reality factors will manifest themselves over time and will transform through the so-called "criminal echo". We believe that while investigating a criminal case, as long as the psychic disorder in a killer's personality has been diagnosed, it is possible to determine a range of measures of the criminological therapy in the frame of implementation of the provisions of the Federal Law "On Probation in the Russian Federation", which entered into force on January 1, 2024.
