Formal Legal Method Research Articles

Participation of citizens in the court consideration of criminal cases against minors

Relevance. Citizen participation in the administration of justice increases the openness of legal proceedings and the level of citizen confidence in the judicial system. At the same time, the right of the accused to have their criminal case examined by a court with the participation of representatives of the people is ensured. However, the involvement of non-professional judges in considering criminal cases is always associated with several organizational and procedural problems. To prevent and solve such problems in the criminal process of individual states, restrictions may be introduced on the jurisdiction of criminal cases in courts with the participation of representatives of the people, and specific considerations of certain categories of cases may be provided for. Such specific criminal cases include criminal cases against minors. There is an ongoing debate among Russian scientists and practitioners regarding the possibility of a juvenile defendant exercising the right to have their criminal case heard by a court with the participation of a jury.Purpose: disclosure of historical and modern approaches to the participation of citizens as lay judges in criminal cases involving minors.Objective: to reveal historical and modern approaches to the participation of representatives of the people in the consideration of criminal cases; to identify the possibilities and features of consideration of criminal cases against minors by the court with the participation of citizens; justify the feasibility of forming in the Russian criminal process a special system for considering criminal cases with the participation of representatives of the people.Methodology. In the process of working on the study, comparative-legal, formal-legal methods, and general scientific methods of cognition (analysis, synthesis, analogy) were used.Results. There are proposals formulated to adjust doctrinal and normative approaches to the consideration of criminal cases against minors with the participation of lay judges.Conclusion. The existing model of criminal proceedings with the participation of a jury does not consider the specifics of criminal cases against minors. However, expanding opportunities for citizens to participate in the consideration of this particular category of criminal cases is socially significant. A constructive discussion is required regarding the development of a model for considering criminal cases against minors with the involvement of lay judges.

The emergence of related rights: the retroactive aspect

The article is devoted to the issues of the emergence of related rights through the prism of the retroactive aspect. The work uses historical, comparative legal and formal legal methods. Based on the analysis of the legislation of the USSR and current judicial practice, it was revealed that in relation to related rights, the axiom “the law has no retroactive effect” is valid without any exceptions. Related rights to the relevant results of intellectual activity could arise only after the amendments made to civil legislation in 1991. The problem of protecting authors and copyright holders of related rights in the event of the emergence of a new information and telecommunications network is identified, and options for its resolution are proposed.

Through the ages and times to the crisis understanding the essence of Criminal Law

In modern jurisprudence, ideas about the crisis are usually associated with the state of law enforcement or law-making. To a lesser extent, crisis assessments relate to jurisprudence itself and its cognitive programs, which is most likely due to the high self-esteem of legal science of the results of its activities. At the same time, a critical analysis of the latter revealed that the basis of criminal law is the paradigm of cognition of social reality through the concepts of crime and punishment. Depending on their meaning, the law is given an appropriate semantic interpretation. It has come to the perception of criminal law as a framework term that only groups together more capacious concepts, norms and institutions. Taking into account the nature of the revealed problem, the purpose of the study was to clarify the reasons for the formation of the identified paradigm, as well as the factors that have supported its relevance for centuries. The achievement of this goal was facilitated by solving the tasks of identifying: the genesis of the paradigm and the determinants that feed it; the presence of its undeniable advantages and inevitable costs; the conformity of the evaluated concept with the nature of the crime and those values that are traditionally protected by Criminal Law. To achieve the intended goal and solve the tasks set, philosophical – axiological, ontological and epistemological – approaches, as well as general scientific (analysis, synthesis, induction, deduction) and sectoral (comparative legal, formal legal) methods are applied. As a result, it was revealed that the impetus for the formation of the studied paradigm was given by psychosomatic prerequisites. Its development was also influenced by the volitional concept of law, the adaptation of which led to the formation of a reflex science from Criminal Law. The absolutization of the volitional element has shifted the conscious factor to the background, which does not correspond to the nature of the crime and the values protected by law. The further exploitation of crime and punishment as the initial basis of Criminal Law and a source of knowledge about its ontological foundations has no prospects.

DENIAL OF AGGRESSION AGAINST UKRAINE OR OCCUPATION OF ITS TERRITORY: A NEW CASE AMONG THE DENIAL CRIMES

Background: Denial crimes are considered one of the most controversial topics in modern criminal law. The criminalisation of historical negationism is problematically balanced between two extremes: the need to protect historical memory, public order and the feelings of victims of terrible tragedies and their descendants, and the need to safeguard freedom of expression and academic debate. Despite this tension, the criminalisation of denial crimes has been gaining momentum on the European continent and is constantly expanding. For a long time, Ukraine has remained on the sidelines of this complex debate on the prohibition of denials. However, Russian aggression prompted the Ukrainian parliament to criminalise the denial of the aggression against Ukraine and the occupation of its territory. The wording of the law is not trivial and differs from classic European models. Two laws were adopted simultaneously, but they were not synchronised with each other, creating a collision. Despite this, both are widely used. This article, therefore, demonstrates Ukraine's thorny path to criminalising denials and the legal difficulties that arose from the extreme conditions under which the laws were adopted. Methods: In the initial stages of the research process, the authors present a concise overview of the evolution of criminal prohibition of denial across the globe, focusing on recent trends. This is achieved through the application of historical and comparative legal methods. The central section of the study is devoted to an examination of the Ukrainian experience, comprising two parts. The first section elucidates the evolution of the concept of criminalisation of these actions in Ukraine through an analysis of legislative initiatives and the outcomes of their assessment. The second section is dedicated to investigating the shortcomings of the legislative process, the challenges encountered in the implementation of adopted amendments, and the formulation of recommendations for the resolution of collision between legal norms, as well as suggestions for improving existing regulatory frameworks. In this endeavour, the authors employ a combination of formal legal and logical methods of cognition. Results and conclusions: Europe is at the heart of the movement to criminalise historical negationism. Most European countries criminalise some form of denial. Ukraine, as a candidate country for accession to the European Union, must harmonise its legislation with EU law. Over the past two decades, numerous draft legislation proposals have been submitted to the Ukrainian parliament with the intention of criminalising the denial of specific historical facts and their legal assessment. However, the Ukrainian experience differs significantly from that of its European counterparts, which mainly focus on liabilities for denying the Holocaust, other genocides, crimes against humanity, and war crimes. At present, the criminal law of Ukraine provides for the denial of Russian aggression and occupation in two distinct articles of the Criminal Code of Ukraine. Both articles are applied in practice, resulting in legal uncertainty and a violation of the principle of equality. The article proposes an amendment to the Criminal Code of Ukraine to resolve this collision and, in the interim, to resolve the collision of norms by the principle of in dubio pro homine.

The purpose of the crime: the criminal-legal significance and correlation with the motive

The subject of the study is the norms of Russian criminal legislation containing the objectives of the crime, materials of judicial practice, as well as scientific works of scientists dealing with the issues of the criminal legal significance of the purpose of the crime and its correlation with the motive. The purpose of the study is to formulate scientifically based conclusions regarding the criminal legal significance of the purpose of the crime and its correlation with the motive. Research methods: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is public relations in the field of criminal law regulation of the purpose of the crime. The main results of the study: the purpose of the crime is a complex category, which is revealed in three meanings. The conclusion is substantiated that the purpose of the crime is an indicator of the social danger of the crime and the identity of the perpetrator, and therefore acts as a means of differentiation and individualization of criminal responsibility. Theoretical conclusions on the correlation of motive and purpose are formulated. The correct definition of the purpose of the crime contributes to the most accurate qualification of the deed, the definition of penalties or other measures of criminal legal impact. In addition, the definition of a goal can help to establish the determinants of criminal behavior, helps to investigate the personality of the offender in the most depth and develop measures to prevent individual crimes.

THE PHENOMENON OF EURASIAN ECONOMIC UNION LAW

The purpose of the article is to comprehensively analyze the definition “The Law of the Eurasian Economic Union” and determine its place in the international law system. Research methods: historical-legal, axiological, functional and contextual approaches of comparative legal method, formal-legal method. The authors consider the genesis of Eurasianism as a historical phenomenon and philosophical direction, analyze the law-forming social factors that form the basis for the Eurasian law development. They conclude that Eurasian integration has traditionally been free and legal and the system of Eurasian law is based on the postulates of both Western and Eastern influences. These are the rule of law, collectivism and the priority of natural relations within the group. The law-forming factors that influenced the creation of the EAEU and its law are peculiar and fundamentally different from the factors and prerequisites characteristic of other integration economic formations. The EAEU was created by the states that had previously been part of a single state; its statutory documents, along with taking into account the peculiarities of European law, also took into account the confessional and civilizational identity of Eurasianism. Formally, at this stage of Eurasian integration, the EAEU law is a sub-branch of international economic law and represents a system of principles and norms in the sphere of international communication of Eurasian states, created to regulate public relations on the creation (liquidation) of regional associations, cooperation of a regional association with other international organizations, its participants and structures in the spheres established by EAEU statutes.

The Regulation and Ways of Using Digital (Information) Technologies to Protect Copyright

Introduction: the author explores the problem of intellectual property protection, and especially various inventions, know-how in production, industrial designs, and the rapid spread of intellectual property objects on the Internet, where their commercial value is reduced or leveled. In this regard, the chosen research topic is of particular interest and social significance. The Internet information and telecommunications network provides its users with a lot of freedom, which unfortunately generates many offenses. However, progress is also going in a positive direction. The latest technologies of the same Industry 4.0 come to the aid of authors, helping them to protect their works. Purpose: to identify gaps in the legal regulation of copyright protection for works on the Internet, to consider the specifics of the copyright protection procedure, as well as to develop scientifically sound recommendations and proposals aimed at filling the gaps in the legislation. Methods: the study was conducted based on general scientific and specific scientific methods. Such general scientific methods as the dialectical method and logical methods of analysis, synthesis, induction, and deduction were applied. The comparative method, which was used to analyze the experience of foreign countries, and the formal legal method, became special research methods. The historical research method was used to study the main characteristics of modern copyright, its problems, and their causes. Results: a number of problems have been identified in the study of blockchain prospects in the field of copyright, as well as in the development of proposals to improve the legislation in terms of depositing copyright objects. The work contains the author’s provisions aimed at regulating the use of blockchain technology by authors and owners of blockchain platforms, which is practically absent today. The work is focused on practical results, namely, the stable and efficient operation of blockchain platforms in the field of copyright. Conclusions: it has been revealed that to fix the rights to objects of property turnover, there are both opportunities and problems of applying machine-readable law at the present stage; electronic signatures, smart contracts, and entering data into registries are used to make transactions.

Amphibolism of Legal Discourse, or the Art of Word Mastery in Professional Legal Activity

Introduction: the paper discusses the problems and prospects of the study of legal discourse in procedural law. On the one hand, the lack of unity and unambiguity in the definition of legal discourse makes it possible to characterize the situation as amphibolic. On the other hand, there is an awareness that everything new is just well-forgotten old. The development of the problem of language and law began as early as ancient Greek philosophers and lawyers of Ancient Rome, who for the first time drew attention to the fact that the words of the law were not identical with its “power and authority” (vin ac potestatem). Therefore, it would be at least doubtful to talk about the relevance of the problem from a position of novelty today. The art of using the word in professional activity has always been of concern to the legal community. Therefore, the paper attempts to show continuity in the study of the issue and the possibility of enriching developments in this direction, taking into account modern achievements. In this regard, the purpose of the study is to generalize the positions available in various branches of knowledge regarding what is included in the content of legal discourse, as well as to identify the functions and properties of this multidimensional concept. Methods: in the course of the research, the dialectical and general scientific methods of cognition were used – observation, description, and theoretical understanding of the material, systematic interpretation. Among the specific scientific methods of studying the subject of scientific research were the formal legal and generalization methods. Results: it is advisable to abandon the complication of the definition of legal discourse by eliminating the accumulation of various components in its content, devoid of practical content. “Do not multiply entities unnecessarily” – this is how Occam’s principle sounds. The definition of legal discourse through words in law most clearly and fully characterizes the essence of this phenomenon. Conclusions: legal discourse is the art of using the word in the professional activity of a lawyer, human common sense.

Digital Footprints and Evidence: The Need for a Theoretical and Normative Definition in the Context of Digitalization

Introduction: the paper analyzes the scientific positions of understanding footprints and evidence processed exclusively in digital form, their nature, and their relationship with generally accepted categories. The current discussion allows for developing a unified approach to understanding the nature of digital footprints and their interpretation in the science of criminalistics, criminal procedure, and other branches of legal science. The study aims to examine the most influential scientific perspectives on comprehending the fundamental nature of digital footprints and evidence, with the goal of subsequently incorporating these understandings into the criminal law sciences and legislation. The author analyzes the controversial issues of the nature of digital footprints and evidence, clarifies some judgments, and identifies potential solutions. Methods: the dialectical, systemic, and logical methods (general scientific) were used in the course of the study. Among the specific scientific research methods, the formal legal and generalization methods prevailed. Results: based on the results of the conducted research, the most general theoretical positions on understanding the essence of trace and evidentiary information in the digital (electronic) environment are highlighted. The information on the main approaches to understanding this category is summarized, and some additions to the domestic legislation are proposed in order to eliminate existing contradictions. Conclusions: the use of data created and processed in electronic form as orienting and evidentiary information is an objective necessity. The available scientific views on the problem under consideration have studied its essence quite comprehensively, operate in various terms, and, in the author’s opinion, require the development of a conceptual construct, including those enshrined in the legislation to optimize criminal proceedings.

The right to access information: balancing public and private interests

The article is devoted to the study of the subjective right of access to information. The authors set themselves the goal of examining this right through the prism of a balance of public and private interests. The basic views on the relationship between private and public interests are set out in the work by analyzing the judicial practice of the Constitutional Court of the Russian Federation on disputes related to the exercise of the right of access to information. The relevance of the study is due to the problem of disproportionate restrictions on the right of access to information observed in law enforcement practice, the lack of an unambiguous solution to the issue of a combination of public and private interests in legal science, as well as the aggravation of the international political situation. The subject of the study is the judicial practice of the Constitutional Court of the Russian Federation related to the application of legislation on the right to access to information, the norms of the Constitution of the Russian Federation and other normative legal acts regulating legal relations related to the realization of the right to access to information, as well as the works of domestic legal scholars. The methodological basis of the research was made up of general scientific methods, and from among the special legal methods - the formal legal method. Among the general scientific methods, the work used general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), as well as a structural and functional method that allowed reflecting the structure of the right to access information and consistently revealing each element. Based on the legal positions of the Constitutional Court of the Russian Federation, the characteristics of the relativity properties of the right to access information in general and its elements – the right to access open information and the right to access information affecting rights, freedoms and legitimate interests are given. According to the results of the study, it was found that the right to access information affecting rights, freedoms and legitimate interests anticipates the realization of other rights and freedoms. And a related right – the right to access open information – gives the information circulating among the general public the property of completeness. In this regard, the restriction of these rights, as well as the right to access information in general, is possible as an exceptional measure, taking into account the balance of interests of the individual, society and the state.

The history of the development of the ideas of the legal and social state and the practice of their implementation in foreign countries

The object of the study is public relations related to the formation and implementation of ideas of legal and social statehood. The subject of the research is the relations in the field of formation of the concepts of the legal and social state in the political and legal thought of the countries of Europe, America and Asia. The authors explore the issues of legislative consolidation of the principles of the legal and social state abroad. Special attention is paid to the specifics of the implementation of these concepts in various legal families. The problematic issues of the implementation of the principles of the rule of law are investigated. Attention is paid to the economic basis of the state as a necessary condition and prerequisite for the formation of a social state. The subject of the study is the influence of ideology on the practice of implementing social policy of the state. The interrelation of the legal and social state is substantiated. The research methodology is determined by the object and subject of the study. The key methods used are comparative methods: comparative legal, comparative historical; logical methods of cognition: analysis, synthesis, induction and deduction; as well as the formal legal method, which was used to analyze normative legal acts. The conducted research of the ideas of legal and social statehood and the practice of their implementation in various countries has allowed us to state that despite the presence of common features and the identification of common signs of these concepts, the implementation of these progressive views in real state-building faces significant difficulties. This is due to the presence of various legal systems, dominant ideologies, the degree of economic development and the social structure of society. The authors come to the conclusion that liberal ideology hinders the implementation of the concept of a social state, since by providing maximum economic freedom, the state fairly relieves itself of many social obligations. At the same time, in the countries of socialist law, the most favorable conditions are created for the practical implementation of the concept of a social state. The novelty of the conducted research also consists in substantiating the conclusion that the principles of legal statehood are fully implemented in countries with European legal systems. While in States with religious legal systems, it is difficult to consolidate the signs of a rule of law state.

Challenging of the debtors transactions in bankruptcy proceedings

In this article, the focus is directed to identifying legal concerns of challenging of the debtors transactions in bankruptcy proceedings. The issues of definition of transaction which is subjected to challenging in bankruptcy, the particularities of such acts as abandonment of a claim and conclusion of an amicable agreement are identified and addressed; the specificity of challenging of a chain of transactions in bankruptcy and particular acts on the implementation of the contract are determined. The problem of dual qualification of transactions, which are challenging under special bankruptcy grounds and in accordance with general rules of Civil Code of the Russian Federation about invalidity of transactions is highlighted in the article. Methods of formal logic (analysis, synthesis, deduction, induction), methods of systematic research and technical-legal analysis, dialectical and formal-legal methods make it possible to the author to identify theoretical and practical legal problems related to challenging of debtors transactions and the existing approaches to their resolution. It's concluded that broad interpretation must not be applied in cases which are not connected to bankruptcy. The opportunity of challenging of acts that are provided by Bankruptcy Law must not be applied to legal relations which are not complicated by bankruptcy. Challenging of a chain of transactions requires a certain approach (dual qualification). We mustn't limit to an assessment of particular execution without the scope of the whole legal relations between parties during challenging acts of execution of the contract. If the transaction has signs of the invalidity under special bankruptcy grounds, its qualification by articles 10, 168 of Civil Code of The Russian Federation is unacceptable. But dual qualification during challenging in bankruptcy is acceptable if we apply provisions of Bankruptcy Law and article 170 of Civil Code of the Russian Federation.

Federal Territory: Constitutional and Legal Regulation Development

This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories. The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized. Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states. However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed

Consideration of Labor Cases by Special Labor Courts as a Way to Optimize the Civil Process in the New Economic Policy Period

The article is devoted to the scientific development of the problem of consideration and resolution of labor cases by courts. The purpose of the work is to study the historical experience of considering and resolving labor cases in civil proceedings by special labor sessions of people’s courts during the New economic policy period on the basis of comparative historical and formal legal research methods, scientific principles of objectivity and historicism. The creation of special labor sessions of people’s courts was motivated by the need for those who resolved disputes to have special knowledge and skills to consider labor cases, and also correlated with the focus on accessibility of justice for workers and the course towards optimizing legal proceedings. The article traces changes in the normative regulation of the activities of labor sessions, identifies the role of the Supreme Court of the RSFSR in filling gaps in the law, and analyzes the problems of jurisdiction and jurisdiction of labor cases. Based on the analysis of judicial practice materials (primarily the rulings of the Civil Cassation Board of the Supreme Court of the RSFSR), the peculiarities of the civil process when considering labor disputes during the New economic policy period are revealed: in the subject composition (thus, representatives of trade unions could be representatives of their members), in matters of evidence and proof, due to the initiative of the court and the specifics of the cases.

Political and legal analysis of the mechanisms of providing Ukraine with resources of strategic importance in the context of increasing the national defence potential

This study addresses the critical issue of enhancing Ukraine’s defence capabilities through the efficient management of strategic resources amidst ongoing Russian aggression. The research aims to develop substantiated recommendations for optimizing the legal and political mechanisms that govern the provision of strategic resources to Ukraine. The study employs a formal legal method to analyze key national and international legal frameworks, including the Law of Ukraine “On the National Material Reserve” and the Code of Ukraine “On Subsoil,” focusing on their efficacy in wartime conditions. Also, political analysis, comparative analysis, legislative review and document analysis were used. The research highlights the gaps in existing legislation, particularly in adapting to the needs of martial law and the complexities of interagency coordination. The findings reveal that while Ukraine has established an extensive legal framework for managing strategic resources, significant issues persist in areas such as transparency, interagency cooperation, and bureaucratization. The study advocates for legislative amendments to better suit wartime needs, the implementation of a unified monitoring system, and enhanced international cooperation, particularly with bodies like the UN and World Bank. The conclusions emphasize the importance of Ukraine’s participation in international transparency initiatives and the need to align national legislation with EU standards. Overall, the thesis of this work is the development of substantiated recommendations for optimizing Ukraine’s strategic resource management in the context of war, while the research niche focuses on the analysis of political and legal mechanisms that influence the state’s defence capabilities.

Законодательный уровень правового регулирования в субъектах федеративных государств (сравнительно-правовой контекст)

Relevance. The normative prescriptions formed in the subjects of federal states, including in the subjects of the Russian Federation, acquiring a legislative form in accordance with their constitutions, under the conditions of the right granted to these subjects to carry out “their own legal regulation” (Part 4 of Article 76 of the Constitution of the Russian Federation), form a fundamentally new — their own level of legislative regulation in the regions, which is noticeable It also modernizes the role of federal legislation in the system of regulatory regulators of public relations. Widely practiced in the subjects of the Russian Federation and other federal states, the principle of its own legislative regulation brings its positive results. Goal. In a comparative legal context, to substantiate that, thanks to the legislative form of legal regulation formed by the subjects of the federation in a single legal space, favorable conditions are created for the implementation of the constitutional principle of equality in specific relations, which, in turn, contributes to strengthening the unity of the Russian federal state. Methods. The obtained conclusions are based on dialectical, logical, systemic, sociological, as well as comparative legal, formal legal, legal interpretation, statistics and other research methods. Results. The distinctive features, meaning, content, positive role and practical significance of their own legislative regulation in the subjects of federal states are revealed. Arguments are presented confirming that the own legislative regulation in the subjects of the Russian Federation, carried out in the form of specifying federal laws and supplementing them with new content, contributes to strengthening the integrity of the federal state and its sovereignty and as such acts as a key link in the system of regulatory regulators in the regions. The results obtained are new and have practical significance. In this aspect, legal regulation in the subjects of the Russian Federation has not been considered in the scientific literature.

Features of foreign investment in business companies that occupy a dominant position in the commodity market

The object of the study is certain issues of the procedure for foreign investments in strategic sectors of the economy. The subject of the study is devoted to the procedure for making foreign investments in business entities that occupy a dominant position in the commodity market. The dominant economic entity has market power, which provides an opportunity to shape the economic environment by determining the number of market participants, the behavior of suppliers of goods (works, services) and their consumers. The author examines the issues of necessary regulatory approvals of transactions of foreign investors for the acquisition of assets of dominant entities, as well as general antitrust and special rules for determining the existence of a dominant position in business entities operating in various sectors of the economy. The methodological basis of the study was based on systematic and formal legal methods, as well as the method of technical and legal analysis. The conclusions of the study are based on the constitutionally significant goals of ensuring national defense and state security, Russian legislation provides for the need to obtain additional regulatory approvals for foreign participation in business entities that occupy a dominant position on the market. At the same time, the book value of assets and the amount of revenue of a foreign investor does not matter, a group of persons to which he belongs, as well as a business entity whose assets are planned to be acquired by a foreign investor (a group of persons to which a foreign investor belongs), unlike transactions subject to approval within the framework of antimonopoly control. In some cases, the control of foreign investments applies special rules for determining the fact of market dominance for some business entities, which differ from the rules of antimonopoly legislation.

Formation of legal conditions for the introduction of blockchain technologies in Russia as part of the transition to a new technological order in Russia

An analysis of the current level of technology development allows us to conclude about the increasing role of digital technologies in public relations. The object of the study is the social relations that arise in the process of implementing blockchain technologies during the transition to a new technological order. The new (sixth) technological order is a reproduction system in which digital technologies (big data, blockchain, artificial intelligence) affect management activities, industrial and economic relations. Special attention is paid to the assessment of the legal regulation of these relations as one of the conditions for the full-scale introduction of modern digital technologies. In this article, the authors set the task of formulating an idea about the conditions for the introduction of blockchain technologies as a factor in ensuring the transition of modern society to a new technological order, including the implementation of legal conditions. The research methods are general scientific and special methods, among them the use of analysis to identify key trends, patterns and problems related to the legal regulation of blockchain technologies, as well as a formal legal method to determine the features of strategic planning documents, concepts and regulatory legal acts as elements of the legal conditions for the introduction of blockchain technologies. It is noted that the introduction of these technologies requires a number of conditions, including the formation of proper legal regulation, ensuring a sufficient technological basis, creating social conditions – preparing the population for the use of new technologies, ensuring financial and political conditions for modernization. In addition, the development of human resources and the creation of organizational conditions will ensure the comprehensive implementation of these technologies in public relations. Based on the results of the analysis of legal acts, the authors conclude that the state policy and regulatory framework for the transition to a new technological order and the introduction of blockchain technologies in various spheres of life are currently being determined at the strategic, regulatory and conceptual levels. In addition, some promising areas of implementation of blockchain technologies in public relations, including in legal activities, are noted.

The Institute of Enhanced Cooperation in European Union Law: Evolution of Legal Regulation

INTRODUCTION. The article presents the evolution of legal regulation of the institution of enhanced cooperation as a legal form of flexible integration in European Union (EU) law. Flexible integration is a fairly widespread and objectively existing legal phenomenon in the practice of various integration associations. However, it is within the framework of EU law that the concept of enhanced cooperation has received the greatest development and legal regulation. This was largely due to the EU's desire to regularize and subordinate alternative forms of co natural that interstate cooperation within the framework of one or another integration cooperation acquires more and more complex character, and cooperation of the member states of an integration association within the framework of one or another direction of interaction has uneven and heterogeneous character. MATERIALS AND METHODS. The methodological basis of the study was traditional general scientific and special methods of cognition of legal phenomena: comparative legal method; method of scientific analysis; formal legal method; method of synthesis of social and legal phenomena.RESEARCH RESULTS. As a result of the analysis, the main stages of development of prerequisites and reasons for the legal regulation of enhanced cooperation have been identified and the periodization of the development of legal regulation of this institution has been proposed. DISCUSSION AND CONCLUSIONS. Within the framework of the proposals on the periodization of the development of legal regulation of the institution of enhanced cooperation the following stages can be distinguished. The first stage can be labeled as “pre-Amsterdam”. This period is characterized by the formation of conceptual foundations of enhanced cooperation as a legal form of flexible integration. Within the framework of the “pre-Amsterdam” period there is an application of some form of flexible integration (Schengen, euro zone, etc.). The conceptualization of enhanced cooperation as a form of flexible integration was the basis for the normative-legal consolidation of this institution in the founding treaties of the EU. The next stage can be called “Amsterdam-Nicean”. Although the institution of enhanced cooperation received different names in the Amsterdam and Nice versions of the establishing treaties, it seems possible to unite this period into one: despite the normative-legal consolidation of enhanced cooperation as a form of flexible integration, the relevant norms of the establishing treaties have not actually received practical application. Finally, the next stage – the “Lisbon” period is characterized by the active ap[1]plication of the norms of the establishing treaties in the EU practice, including judicial.

Соотношение свободы труда и обязанности граждан трудиться: конституционно-правовое исследование

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on the obligations of a citizen to work or carry out other socially useful activities and to determine the prospects for establishing the relevant obligations in the legislation of Russia in the modern period. Methods. The main methods of scientific research are: system analysis, formal-legal method. Within the framework of historical-legal and comparative-legal methods the norms of the Constitutions of the RSFSR of 1918, 1925, 1937 and 1978 and constitutions of foreign countries were analysed in comparison with the corresponding provisions of the Constitution of the Russian Federation. Results. Based on the analysis of constitutional and labour legislation of Russia and foreign countries the author’s attitude to the possibility of establishing in the Constitution of the Russian Federation and special legislation the obligations of citizens related to participation in socially useful activities. The conditions for the establishment of such obligations in the future, which should have a constitutional basis, are revealed.The theoretical issues that arose after the adoption of the 2020 amendments to the onstitution of the Russian Federation are outlined, which can serve as a direction for further constitutional and legal research. The conclusions are formulated about the inexpediency of introducing at present any coercive measures in relation to persons who do not perform any socially useful activity, and the conditions for their appearance in the legislation in the future.