Legislative Basis Research Articles

Legislative basis of the digital ruble platform and main problems in regulation at present

In this article we will review the legislative basis of the digital ruble platform, as well as analyze the key aspects of the implementation of the legislative initiative of the digital currency, highlight the potential benefits and challenges associated with this innovation. The emergence of a new instrument in the economy will certainly have a significant impact on domestic and foreign markets, as well as entail changes in the legislation of the Russian Federation. The adaptation of the economy and the legal framework will take place gradually, and participants in digital ruble settlements will need to get used to the new. It is already worth noting that it will take at least two to three years for market participants to get used to the new instrument and for the regulator to make the necessary adjustments to the new instrument. In the next few years it will be necessary to adapt and improve the legislative base for the new instrument. The existing legislative base does not fully allow to carry out operations with the new instrument, in the next few years, it will be necessary to make the necessary changes to the current legislation of the Russian Federation, as well as to adopt new draft laws. In this paper we will consider the business sector, which in the first stages will be the first participants who will be able to assess the full possible potential of the new financial instrument and propose new draft laws to improve the regulation of the digital ruble. It is worth noting that the business sector is already actively proposing new bills to improve the digital ruble platform, as well as pointing out gaps in the legislative framework related to the regulation of the digital ruble. Thus, the business sector will play a crucial role in finalizing the legislative platform to regulate the digital ruble in the Russian Federation.

The role of the digital ruble in the development of the Russian economy

In this article, we will examine the role of the digital ruble in the context of Russia’s economic development. We will analyze the key aspects of the introduction of digital currency, its impact on the financial system and the business sector, and highlight the potential benefits and challenges associated with this innovation. Undoubtedly, the emergence of a new instrument in the economy will have a significant impact on domestic and foreign markets. Adaptation of the economy will take place gradually, and settlement participants will need to get used to the new instrument. We can already say that it will take at least two or three years for market participants to get used to the new instrument and for the regulator to make the necessary improvements to the new instrument. Also in the next few years it will certainly be necessary to adapt the legislative base to the new instrument. Of course, the existing legal framework allows to conduct operations with the new instrument, but in the next few years, during the adaptation period, it will be necessary to make the necessary changes and clarifications. We will separately consider the business sector. In the first stages, the business sector will be the first participants who will be able to assess the full potential of the new financial instrument. Already now, the regulator allows the business sector to significantly save its own funds thanks to the reduced commission fee for each payment. Thus, the business sector will be able to use not only the new instrument, but also to save money.

An Official of a Law Enforcement Agency in the Structure of Crime Prevention

The problem of the effectiveness of crime prevention in the modern conditions is acquiring the features of a global one. The strategies of counteracting new forms of crime are formed and tested at international and national levels withing the framework of cooperation of different subjects. The technologies adapted for criminal purposes require an adequate reaction from the state in the form of improving criminal policy and reconsidering approaches to crime counteraction, including the use of international experience in combination with specific national features. Crime prevention is viewed as a process with its own content, which includes a multitude of subjects and objects. The variety of subjects and forms of their interaction gives rise to the necessity of researching their essence and legal status in order to build a system combining optimal ways of influencing these objects. Law enforcement bodies have the greatest potential, they act as specialized subjects carrying out tasks through authorized officials. Lying outside the scope of research is the unsolved problem of defining subjects responsible for preventing crimes against officials of law enforcement bodies, as shown by the official statistical data of the Russian Federation correlating with data from other countries. They are specialized subjects of crime prevention, and if a crime is committed against them, they lose the status of subjects and become objects in the newly emerged legal relations. This leads to the necessity of singling out a new category of subjects responsible for the prevention of crimes committed against the officials of law enforcement bodies. Their status should be researched on the basis of the current legislation, court practice, and national legal doctrine by singling out the rights, responsibilities, guarantees and liability of such subjects.

Some Aspects of the Regulatory Environment of Local Self-Government in Federal Cities

The issues of legal regulation of the organization and functioning of all government bodi es have always been the subject of numerous studies, discussions and even disputes. The rapid new reorganization of the legal foundations of the unified system of public power that started in 2020, having passed the federal and regional level of state power, "stumbled" at the level of local self-government. The draft federal law No. 40361-8 "On General Principles of Organization of Local Self-Government in the Unified System of Public Power", which was submitted to the State Duma of the Russian Fe deration on 16 December 2021, has so far remained at the level of "proposals and comments for the second reading". This allows us to focus on the analysis of problematic issues of the current situation with the legislative basis of local self-government in Russia in order to avoid and take into account in the future existing errors and shortcomings, as well as to improve the current system of legal regulation of local self-government as soon as possible. The Authors of this study attempt to analyze and draw the attention of other researchers, representatives of federal and regional legislative authorities to the existing obvious problems in the legislative regulation of local self-government in federal cities. Specific examples of the texts of the laws of Moscow, St. Petersburg and Sevastopol, allow us to draw disappointing conclusions about the significant abuse by the legislators of these constituent entities of the Russian Federation of their rights to regulate certain issues of organization and functioning of local self-government in the territory of federal cities. Evidently, the existing conflicts should be eliminated as soon as possible and taken into account by the federal legislator in the formation of future legislative framework for determining the specifics of local self-government in federal cities. The current situation seriously affects the principle of direct and immediate effect of the Constitution of the Russian Federation, as well as the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its constituent entities.

THE FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AS AN EXAMPLE OF OFFICIAL DOCUMENTARY HISTORY

The purpose of the article is to reveal the idea of the emergence and evolution of the FRUS publication as the gold standard of official documentary history, to analyze the main periods of the collection's development, focus on the legislative basis for the publication of the series and the problems of understanding the FRUS series as an example of the transparency of the American government. Analyzing the scientific work on the topic of the study, the author draws attention to two aspects: the lack of interest in this collection in the Ukrainian scientific community and the rather limited interest among the world scientific community. The research methodology is based on the principles of historicism, objectivity, a systematic approach, and relevant general scientific methods such as problem-chronological and information analysis. The scientific novelty is determined by showing the evolution of the collection, its functional orientation, and the proposed periodization of the publication's development. Conclusions: The publication of the collection began in 1861 and was viewed by Congress not only as a means of informing the public but also as a tool to control the executive branch. No clear criteria for publishing or removing materials were made public, although there was a consensus on which materials should not be published, namely those “that would be detrimental to the public good”. The publications of the period 1861-1905 did not take into account the fact of inconvenience to foreign governments, American diplomats, or US presidents. It is emphasized that the publications of the period 1920-1945 underwent profound changes in purpose, production, design procedures, and target audience. This period is associated with the appearance of the first official order that provided for mandatory historical “objectivity” and served as a charter for the series (with minor changes) until 1991. It is pointed out that the content of the collection and the speed of its appearance were seen as direct evidence of the US government's adherence to the policy of transparency and accountability. As a result, between 1920 and 1945, the State Department released 56 volumes, covering the years between 1913 and 1930. It is noted that gradually the balance between transparency and national security became increasingly difficult. The FRUS series has been and remains a vital resource for the public, academia, political scientists, and others. After the end of World War II, the State Department redefined the transparency paradigms of the 20th century. From the 1950s to the 1980s, the imperatives of the Cold War affected the timeliness of publication, as well as the decision-making process for declassifying U.S. government documents. At the beginning of the Cold War, the FRUS series was 15 years behind on average; by the 1980s, this gap had doubled to about 30 years. The volumes were also subjected to greater scrutiny by the U.S. government before being released. This was partly a result of expanding bureaucratic frameworks and partly a consequence of the Cold War. The publications of the second half of the twentieth and early twenty-first centuries moved away from the functional component of the nineteenth century and instead became a means of a certain historical transparency. The FRUS publications will allow us to analyze not only the evolution of US diplomatic skill but also the policy of openness as a key element of democratic development.

The idea of autonomism in the views of Ilya Shrag

In the article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the Ukrainian issue at the beginning of the 20th century. On the basis of scientific literature, the factors that influenced the formation of I. Shrag's views in the context of social and political processes in Ukrainian lands at the beginning of the 20th century are revealed. It is claimed that the formation of Ilya Shrag's state-legal guidelines took place during his active participation in social and political processes that took place on the territory of Ukrainian lands. His participation in the Ukrainian national movement contributed to the unification of conscious figures of that time in the field of solving the Ukrainian question. He tried to establish close contacts with Western Ukrainian figures, joint activities with whom made it possible to actualize Sobornytsky ideas in society, to raise the issue of Ukrainian autonomy to a new level. It is noted that the Ukrainian idea became fundamental in Ilya Shrag's parliamentary activity. While still a deputy of the First State Duma of the Russian Empire, he brought the key issues of the life of the Ukrainian people to the general public. Applying his knowledge and practical skills in the field of jurisprudence, he put these issues on a legislative basis and proposed ways of their effective solution. The participation of Ilya Shrag in the Ukrainian national liberation movement in the conditions of the decline of the autocratic regime is shown, attention is focused on his participation in the activities of the Central Rada, where he actively works in the commission for the creation of the draft charter of the autonomy of Ukraine. In this connection, his close cooperation with the chairman of the Central Rada Mykhailo Hrushevsky is reflected. It is noted that M. Hrushevsky repeatedly turned to I. Shrag for professional consultations and clarifications on organizational, personnel and general issues. Their main joint activity was based on the idea of Ukrainian autonomy.

METAVERSE: MODEL CRIMINAL CODE

The Scientific and Technical Revolution 5.0 and WEB 3.0 technologies create conditions for the renovation of various forms of social relations with the use of virtual and augmented reality technologies in the metaverse. According to the proposed theory, the legal regulation of social relations in the metaverse requires the development of a comprehensive electronic jurisdiction based on the latest basic legislation. The formation of legal regulation of the metaverse is a prerequisite for the need to form an electronic jurisdiction of the metaverse, which will include sectoral Metaverse Codes. The metaverse, as the electronic society of the future, does not yet have clear legal boundaries, and the task of scholars is to predict and outline with sufficient certainty the future contours of legal authority for virtual environments. Today, discussions in the scientific community about the feasibility and necessity of legal regulation of the metaverse often revolve around several key issues. First, there is the question of what legal framework should be applied in the metaverse and how conflicts between different legal systems should be resolved. Second, there is a debate about whether current regulatory bodies in the physical world have the capacity to effectively regulate the metaverse through existing laws and regulations. Third, there is the question of how to deal with offences committed in the virtual environment, and whether they should be dealt with under existing tort or criminal law, or whether a separate cross-border electronic jurisdiction should be created. The regulation of social relations in the metaverse should focus on one central goal: to clearly define the status of electronic entities, subjects and objects, to establish their rights, duties and responsibilities, and to define the different types of relations between virtual entities, subjects and objects within a given metaverse, as well as between different metaverses within an electronic jurisdiction and in a cross-border context. An essential component of the Metaverse Electronic Jurisdiction is a Metaverse Model Criminal Code that will outline the norms and offences applicable to analogue, hybrid and electronic jurisdictions. This code will define the types of socially harmful acts or crimes and the corresponding criminal penalties that will be applied within the metaverse. The formation of the electronic jurisdiction of the metaverse and the development of a Metaverse Model Criminal Code is a current scientific and legal issue.

HISTORICAL AND LEGAL ANALYSIS OF FORCED MARRIAGE

The article considers the history of formation of the criminal-legal institute of Russia in the part of legislative base of counteraction to compulsion to entering into marriage. As a result of the conducted research the author came to a conclusion that throughout practically all history of the Russian statehood there were facts of compulsion to marriage. Responsibility for this act has been provided for since the time of Yaroslav Mudryy and lasted until the collapse of the Union of Soviet Socialist Republics, with many changes and adjustments. The formulated conclusions are aimed at preparing recommendations for the improvement of Russian legislation.

Integrated coastal management in the current regional autonomy law regime in Indonesia: context of community engagement

ABSTRACT This study reviews integrated coastal management (ICM) practice in Indonesia's regional autonomy law regime, particularly community engagement. It examines several laws on ICM in the current regional autonomy era and discusses various achievements and issues affecting Indonesia's program. This is legal research examines various ICM-related legislation, secondary literature, policy plans, and the interview conducted at the Indonesian Ministry of Marine Affairs and Fisheries. The results show that the ICM program has a legal basis in various legislation, yet it faces various implementation problems. Many legal loopholes in regulation, dependence on funding institutions, environmental pollution, mismanagement, and lack of coordination and collaboration in community engagement should be instantly resolved. Also, the local community, as ecosystem users, are powerless and often ignored. Therefore, the local communities need to be informed, their ability to manage coastal areas be improved, their livelihoods protected, and be more engaged in decision-making, especially in establishing regulations and legislations. Active community engagement in the decision-making process may improve regulatory compliance and achieve a more sustainable and democratic ICM.

Legal regulation of the digital environment: digitization of the state-legal and law enforcement sphere

The rapid development of society and the impact of information technology have significantly changed the legal field and contributed to the creation of a legal framework for the digital environment. Successful development of digital relations in Ukraine requires effective legislative regulation. The favorable appearance of this process is determined by effective strategic planning, active participation of the government and an appropriate legal framework. From this point of view, it is considered important to consider issues of legal regulation of the digital environment in the context of the activities of state and law enforcement agencies. The purpose of the work is to research the regulatory and legal provision of the digital environment with an emphasis on the regulation of digitalization of state legal and law enforcement activities. Research methodology includes such methods as: historical, systematization, analysis and synthesis, structural-functional and comparative analysis. The result of the scientific analysis of scientific research and regulatory and legal regulation of the relevant relations was the study of the legal plane of digital transformations in Ukraine. Internal legislative norms were studied, relevant laws aimed at digitization were analyzed, their purpose was determined; the existing legislative basis for building a digital society and economy in Ukraine is highlighted. The analysis of strategic documents on digitalization in the spheres of public administration and law enforcement was carried out. The internal concepts of the development of e-government have been studied. The experience of foreign countries in the regulation of the digital environment and electronic management was studied, progressive means of regulation of the studied issues abroad were determined.

Uzbekistan: A New Dimension of Judicial Reforms

In conditions of reforming of the judiciary and construction of a lawful state the contents of concept ‘judiciary’ was considerably enriched and became wider. In clause has found the reflection modern understanding of the judiciary system of the Republic of Uzbekistan, the point of view on the basis of legislation and judicial reforms implemented in Uzbekistan. In this regard, new requirements for the judicial system are of exceptional importance. As an important socio-political institution of society, the authors analyzed in the article how it should play a significant role in the formation of civil society, be able to exercise its powers in the interests of protecting human and civil rights and freedoms, the constitutional system, the common economic and legal space of Uzbekistan. The article reflects the modern understanding of the judicial system of the Republic of Uzbekistan, argues the point of view on the basis of legislation and judicial reforms implemented in the country.

Strategic management of entrepreneurial activity as the basis for the development of the tourist and recreational potential of the region: domestic and international practices

Given the current challenges of climate change, environmental pollution, and biodiversity loss, strategic management of entrepreneurial activities in tourism and recreation becomes particularly relevant. The research aims to analyze the eco-economic aspects of the development of national natural parks' territories, determine their role in preserving flora and fauna, and formulate strategies for sustainable development. The development of these territories must consider the needs of the local population and the preservation of the natural environment, considering ecotourism as a means of supporting the local economy without harming nature. It has been established that national natural parks play an essential role in conserving biodiversity and natural ecosystems. The importance of developing and implementing comprehensive strategies that ensure the preservation of these unique ecosystems is a response to global environmental challenges. The development of national park territories should be carried out according to the principles of sustainable development, ensuring the conservation of natural and cultural resources and supporting local communities. It has been determined that strategic planning, which considers economic, social, and environmental aspects, is key to creating a unique tourist product. It has been proven that international cooperation and sustainable resource use are essential factors in developing tourism and recreation potential. The article establishes the necessity to overcome challenges associated with harmonizing the legislative base, improving infrastructure, and developing effective mechanisms for cooperation between the public and private sectors. It has been determined that the development and implementation of comprehensive programs supporting local initiatives and projects aimed at tourism development can ensure sustainable growth of the regional economy and improve the quality of life of the local population. It has been proven that the involvement of international experience and practices, the adaptation of the best global practices to the conditions of Ukraine, and the development of innovative projects in the field of tourism and recreation are relevant for further development of the tourism and recreational potential of the region. Keywords: domestic tourism, international tourism, tourist demand, entrepreneurial activity, region, strategic management, tourism and recreation potential, economic conditions, crisis phenomena

FOREIGN EXPERIENCE OF DEVELOPMENT AND LEGAL REGULATION OF THE AGRICULTURAL COOPERATION

The article is devoted to the study of development and legal regulation of the agricultural cooperation in foreign countries. Despite the adoption of the Law of Ukraine «On agricultural cooperation» in the new edition the development of agricultural cooperation continues to be restrained, that indicates the presence of shortcomings in the legislative base. The relevance of the chosen topic is determined by the fact that nowadays in the conditions of European integration Ukraine needs an urgent solution to solve the problem of modermizing the Ukrainian cooperative legislation, taking into account the world experience, which will ensure the development of Ukrainian agricultural cooperatives. This article highlights proposals for modernizing the Ukrainian cooperative legislation by using international experience. The positive experience of Georgia in the field of monitoring the activities of the agricultural cooperatives is proposed to be received by Ukraine. The need to pay attention to the issue of gender equality in the agricultural cooperatives using the example of the Kingdom of Spain is emphasized. The author’s concept of «the principle of gender equality and gender integration in the agricultural cooperative» is formed in the article, which is proposed to supplement the cooperative legislation of Ukraine in order to ensure the equality of women and men in the agricultural cooperatives. The article provides the main directions for achieving gender equality and gender integration in agricultural cooperatives (cooperatives). Several approaches or models of the legal regulation of the creation and activity of cooperatives in the world are singled out. The expediency of introducing a model of general legal regulation of the cooperation in Ukraine, which will be based on a single conceptual codified act – the cooperative code of Ukraine, is substantiated.

An Assessing Existence of Legal Infrastructure That Supports the Development of Green Investment Indonesia

In this paper, we describe green infrastructure as no longer a foreign concept in spatial and regional planning. The concept has become an integral part of the increasing demand for land for urban development, and the need for green open space to balance the development. This has led many countries to start implementing green infrastructure as part of the urban development "trend". The various applications are summarized in this book, with a focus on the United States, the United Kingdom, case studies of several countries in the European Union, and Singapore. The book also includes a chronological sequence of laws and regulations that support the implementation of green infrastructure in these countries, so as to illustrate how the implementation of green infrastructure requires a process to realize a strong legislative basis. Keywords: Legal Infrastructure, Green Investment, Economic Development

SCIENCE AND SOCIETY LEGAL STRATEGY OF SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT OF RUSSIAN FEDERATION

Science must serve society, and it is through law that the attitude of the state to scientific activity is formulated, its social goal-setting is expressed, and the interests and requirements associated with obtaining a socially significant scientific effect are fixed. In modern realities, accelerated scientific and technological progress is becoming a historical imperative for the successful development of Russian statehood, and domestic jurisprudence must offer an effective legal strategy for scientific and technological development. Based on constitutional principles, the article discusses some of the main aspects of this strategy regarding its categorical apparatus, value-ideological and structural-economic orientation, organizational-administrative and spatial-territorial components. Proposals and approaches aimed at improving the legislative basis of the state scientific and technical policy are formulated.

Modeling the Subject of a Corruption Offense in the Quasi-Public and Private Sectors

Objective: The objective of this research is to review in detail the criminal aspects of corruption crimes, analyzing recommendations and proposals to improve the fight against criminal law against corruption crimes.
 
 Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used.
 
 Method: It is a dialectical method of learning the general patterns of manifestation of corruption in its various manifestations. The method of analysis showed that despite the identity of the sanctions of the articles on liability for corruption crimes and crimes against the interests of the service.
 
 Results and conclusion: The concept of the subject of crimes of Criminal offenses against the interests of service in commercial and other organizations is disclosed by article 3 of the Criminal Code, from the interpretation of which it follows that a person in a commercial organization who does not perform managerial functions cannot be the subject of a crime in the private sector.
 
 Originality/value: The value of scientific analysis carried out to determine the subject of a crime of corruption has as its value to analyze the expression of this factor in quasi-public and private sectors, to determine signs and expressive facts, to identify problematic aspects and to identify the aspects that should be improved and graduated, to make modifications in the strategically established tasks and in the legislative base.

CATHOLICS AND PROTESTANTS IN THE CONFESSIONAL STRUCTURE OF KAZAN GOVERNORATE IN THE XVIII–XIX CENTURIES

Studying the history of ethno-cultural interactions in a multiethnic society is of scientific and practical interest.
 
 The purpose of the study is to examine the historical conditions and factors of the penetration and spread of Catholics and Protestants in the Kazan governorate in the XVIII–XIX centuries, to analyze the features of social and intercultural communications.
 
 Materials and methods. The article is based on the analysis of literary and documentary materials. The main sources of research were archival documents, legal acts, materials of censuses, periodicals. Theoretical generalizations and conclusions are made using the chronological, typological methods, institutional and cultural-anthropological approaches.
 
 Study results. Catholics and Protestants penetrated the Kazan governorate in the XVIII–XIX centuries from the countries of Western Europe. The historical conditions of their resettlement were the development of the Russian Empire, the development of new territories, the need for qualified personnel in various spheres of state and public activity. The reasons for the relocation were due to wars, social movements, as well as voluntary departure of foreigners to the Russian regions for the purpose of employment, temporary or permanent residence. Catholics, represented mainly by Poles, more often adhered to religious traditions, while Protestants, due to greater simplicity of their cult, less ritualism, simplified apologetics, more actively interacted with the Orthodox population, exerting a certain influence on it. Western Christians had a high social status, were employed in government, military service, in the fields of science and education, healthcare, trade, etc. Despite their relative small number, Catholics and Protestants have left a noticeable mark on the history and culture of the multi-ethnic region. The interaction between the Russian Orthodox Church and other traditional confessions with Catholicism and Protestantism was carried out on the basis of Russian legislation, which regulated their religious and social activities, prohibited missionary work among Russian subjects.
 
 Conclusions. During the period under review, the religious diversity of Kazan governorate was supplemented by Western Christian confessions and denominations, making it even more mosaic. Resettlement of Catholics and Protestants was caused by political, economic, socio-cultural reasons. The dynamics of the quantitative and qualitative composition of Western Christians depended on the historical conditions in Europe and Russia. Tsarism supported resettlement of foreigners, created the legal basis for their residence and professional activity, respected freedom of religion, but forbade converting Russian citizens into their faith. The results of the study make a definite contribution to the study of ethno–confessional processes in Kazan governorate in the XVIII-XIX centuries, enabling to better understand the nature of modern ethno-cultural communications in polyethnic regions of Russia.

Data on hunting use of waterfowl resources in Yakutia

Scientific information on waterfowl harvesting in Yakutia is mostly outdated. The lack of reliable bag data prevents the establishment of sustainable use of waterfowl resources under the conditions of massive shooting and a modified legislation base. This research aimed to collect and analyze contemporary information on the hunting take of waterfowl (Anatidae, Coot, loons, and grebes) in Yakutia. We used data from the State Hunting Registry (2017–2022) to estimate the total harvest. Species-specific shares in hunting bags were identified using digital photographs of shot birds collected from the Internet in 2015, 2017, and 2018 (around 1000 photos). The distribution and results of traditional spring hunting of scoters were studied through a survey of hunters conducted in 2015. On average, 18,400 geese and 200,000 ducks were shot during the summer-autumn season, whereas 26,600 geese and 160,500 ducks were shot during the spring season. Overall, 23 waterfowl species were identified, namely three species of geese, 17 species of ducks, Coot, Arctic Loon, and Red-necked Grebe. The autumn bag included 22 species, of which the bean goose, mallard, Eurasian wigeon, and common teal were the most abundant. Spring bags consisted of 14 species with prevailing bean geese, common teals, northern pintails, and mallards. Based on “least concern” international and national conservation status we suggest to exclude the Chinese Spot-billed Duck, Gadwall, Common Scoter and Coot from the Red Data Book of the Republic of Sakha (Yakutia) and resume their hunting use.

Rules of the organization of effective justice (guidelines) a tool for the application of judicial discretion and the exercise of discretionary powers of the court

The article analyzes the essence of the concepts of «discretionary powers» and «judicial discretion», their correlation; the essence of the concept of «guidelines», their legal nature and role as a tool for the application of judicial discretion in exercising discretionary powers by the court are defined. On the basis of a comparative analysis of the legal norms of civil and criminal procedural laws, the limits of the court's discretion, limits and direction of the judge's discretion are determined. It has been established that none of judicial proceeding can do without discretionary norms, and therefore without judicial discretion, however, the limits of discretion vary depending on the type of judicial proceeding and the stage of consideration of the case. This conclusion was made on the basis of a comparative analysis of the norms of civil and criminal procedural laws in terms of court evaluation of evidence. Thus, the difference in the discretionary powers of the court is due to the higher standard of proof in criminal proceedings, compared with civil ones. On the basis of the analysis of the functions of punishment and the principle of its individualization, a conclusion was made about the direction of judicial discretion in the exercise of discretionary powers during the imposition of punishment and, thus, it was demonstrated that discretionary powers are a specific means of legal protection. Discretionary powers and judicial discretion are independent concepts. In procedural codes, discretion begins with issues of recusals/self-recusals and ends with the imposition of punishment (in criminal proseedings). On the basis of the analysis of the provisions of procedural norms (civil and criminal), which determine the grounds for the removal of a judge, in particular, «the presence of other circumstances that raise doubts about the judge's impartiality», a conclusion was made about the possibility of such an interpretation that would allow arbitrariness, abuse and even corruption risks. The unpredictability and lack of understanding of the grounds for recusal in the absence of unanimous practice of national courts may call into question the guarantees provided for in Article 6 of the European Convention on Human Rights, namely the right to a fair trial. The essence of the guidelines comes down to the fact that judges, having determined the range of issues that cause the most controversy and in respect of which the legislation allows wide discretion, formulate a certain set of rules, how they generally interpret the corresponding «discretionary norms». The range of issues, the solution of which can be unified by including them in guidelines, can be as follows: valid reasons for postponing the trial; establishment of regulations for the speeches of the participants; order of calls and notifications of the parties; the procedure for agreeing the dates of court sessions, etc. The advantages of guidelines are named. Thus, discretionary powers are defined as the legislative basis for the application of judicial discretion – the intellectual and volitional activity of a judge, the direction of which is determined by the observance of the rule of law. Guidelines are rules of soft law that determine how judges apply judicial discretion to the discretionary powers granted to them. Key words: rules of the organization of effective justice, guidelines, judicial discretion, discretionary powers, standart of proof, rule of law

Вопросы юридической оценки деятельности салонов эротического массажа

Within the framework of this publication, the issues and problems of bringing to legal responsibility the owners of erotic massage salons and the masseuses themselves (masseurs) practicing this activity on a systematic paid basis are considered. This activity is analyzed from a legal point of view, including through the prism of the concept of "prostitution", on the basis of current Russian legislation, as well as the opinions of various authors who have devoted their scientific works to legal issues of combating pros-titution and the provision of sexual services of a different nature. The judicial practice of bringing persons to legal responsibility for the organization and provision of erotic massage services on a paid basis is also analyzed. The absence of a unified approach in the activities of law enforcement agencies regarding the qualification of such actions has been revealed, which, according to the author of this publication, is a consequence of the lack of definition of the term "prostitution" used in the norms of Russian law. Solutions to this problem are proposed.