Legal Form Research Articles

Constitution and Jurisdiction in Neal Stephenson’s Speculative Fiction

A common feature of Neal Stephenson’s speculative fiction is the richly imagined political communities inhabited by his characters. Geographically defined constitutional states are reimagined, often with a focus on associations based on shared social identity or beliefs, as opposed to nation-state citizenship. Stephenson’s works offer an imaginative space for exploring possibilities of alternative political communities, and questions of constitution and jurisdiction. Modern territorially sovereign nation-states have presented constitutional scholars with a fixed framework. People sharing physical space constitute a political association stemming from a moment of legal constitution. Thus constituted, the nation-state authorises governmental entities to oversee the populace within the shared geographical space. Stephenson’s rich imagination offers constitutional scholarship an imaginary for exploring alternative conceptualisations of constitution and jurisdiction. This article proposes that recovery of medieval conceptualisations of overlapping networked jurisdictions might aid in sensemaking of models of political communities beyond the territorially sovereign nation-state.

Оценка риска совершения преступлений лицами, освобожденными из мест лишения свободы

Introduction. While studying recidivism prediction, criminal risk assessment is considered in many countries a mandatory procedure. The paper presents the most widely known and frequently applied risk assessment tools. Special attention is paid to predicted risk assessment tools for individuals released in the Russian Federation and the Republic of Kazakhstan. Taking into account the emerging tradition of using these risk assessment tools for practical purposes and the opportunities for conducting relevant research, much attention is paid to reviewing the tools used abroad. The purpose of the study is to provide the theoretical grounds for recidivism risk assessment tools, as well as the analysis of foreign experience in application and verification of this tool. Research methods. The research uses general scientific methods: (analysis, synthesis, systematization, generalization, analogy), special methods: comparative (when studying tools for assessing the risk of recidivism), formal legal (for the study of normative legal acts). Results. The research demonstrates a wide range of approaches and patterns in the area of criminal behavior risk assessment. Criminal behavior risk assessment tools were classified, and they can be summarised in a historical perspective into four generations according to chronology. The first and least reliable approach is to assess the risk of recidivism based on the clinical opinion of professionals. At this stage the measurement was characterised by its subjectivity. The second generation was based on actuarial valuation using reliable statistical predictors and significance levels for recidivism. The third generation tended to combine risk factors based on the theory of static risk assessment. The fourth generation of tools is based on the understanding that risk should be assessed as a continuous and dynamic process related to both the risk itself and the needs and resources of the individual. This approach considers that offenders’ supervision in post-penitentiary probation is an effective means of successful risk assessment based on their individual psychological characteristics and resources.

Niches Seeking Legitimacy: Notes about Social Innovation and Forms of Social Enterprise in the Italian Renewable Energy Communities

Renewable energy communities (RECs) are increasingly seen as key innovations for the development of decentralized energy systems that leverage on renewable energy co-production, sharing, and consumption. However, they still represent a niche in search of development and consolidation, and the social innovations they might bring to the energy systems need to be further scrutinized. Innovations related to the capacity to support forms of social entrepreneurship in the energy system are central to this analysis, even if they have been little studied in Italy in relation to the emerging field of renewable energy communities. Through a theoretical discussion aimed at fulfilling descriptive objectives, this paper examines, on the one hand, the social innovations related to community energy projects and, with a focus on Italy, the legal forms required to create an REC in the light of the constantly changing regulatory framework, where new actors, such as the Third Sector, can play a leading role as intermediary actors to develop the social implementation of REC initiatives. The paper navigates through the literature on community energy in the light of the social innovation they can bring to the energy system, discusses the niche condition of RECs, and addresses the Italian case with particular reference to the role of the Third Sector in disseminating REC innovations.

Международно-правовая основа сотрудничества Азербайджана и ЕС в сфере транзита энергоносителей

The aim of the article is to analyze the legal basis of the relationship between the EU and Azerbaijan in the en-ergy sector, namely in the field of oil and gas transit. The relevance of the topic is due to the changing geopolit-ical situation in the world, especially in Europe, where EU member states have begun the process of diversify-ing natural gas import routes bypassing Russia. For many years, the EU, attaching special importance to coop-eration with the states of the Caspian region, has proposed the implementation of projects with the participation of the Caspian states, such as the Nabucco project and the Trans-Caspian gas pipeline. Particular importance was attached to cooperation with Azerbaijan, and in recent years this cooperation has been further strength-ened, and the state has become an important energy partner of the EU. The subject of the study is bilateral agreements, memorandums and other international legal acts adopted by the parties since the restoration of Azerbaijan’s independence. The methodological basis of the study was the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal. The scientific novelty of the study lies in the analysis of the international legal basis of energy cooperation between Azerbaijan and the EU and the identifi-cation of its peculiarities. The author comes to the conclusion that all agreements pertaining to energy coopera-tion between the mentioned actors have a framework nature, necessitating elaboration and development in separate agreements. Additionally, it is advisable for the future to sign a document reflecting the current and common goals and issues of the EU and Azerbaijan. While existing agreements provide a framework for col-laboration, they require detailed elaboration in specific agreements to address evolving challenges. A prospec-tive document reflecting shared objectives and challenges between the EU and Azerbaijan would further en-hance bilateral cooperation in the energy sector.

Which companies among the SMEs operate in accordance with the Sustainable Development Goals


 
 
 The purpose of the article is to identify the factors that have a significant impact on the decision of SMEs to operate in accordance with the Sustainable Development Goals (SDGs). The identification was made on the basis of data collected in December 2022 during a survey of a sample of 303 SMEs from all over Poland. In order to identify the above-mentioned factors, the following were analyzed: type of business, industry to which the primary economic activity of the surveyed company is assigned, age of the company, type of ownership, scope of activity, organizational and legal form, number of employees, average annual net income. Correlation tests confirmed the hypotheses of the relationship between the number of employees and average annual net income and operation in accordance with the SDGs. Further verification of the relationship, performed using a logit model, confirmed that average annual net income and industry are significant variables. There is a relationship between these variables and acting in accordance with the SDGs. The chance of making a decision by a company about operating in accordance with the SDGs increases as the average annual net income increases. The probability of operating in accordance with the SDGs is higher if the company operates in the following industries, i.a.: real estate activities, transportation, financial and insurance, construction, agriculture.
 
 

The fourth generation of human rights: European standards and national experience

The generational classification of human rights is a vital and necessary instrument for examining the development of legal paradigms. This approach facilitates a deeper understanding of the evolution of notions and theories within the domain of human rights, while also pinpointing key differences among different stages of this evolution. Giving particular generations rights enables us to monitor how society adopts and acknowledges novel facets of legal consciousness and assurances. The authors utilize various scientific methods, including analysis, synthesis, induction, and deduction, as well as historical and legal, formal legal, comparative legal methods to examine the fourth generation of human rights. The article aims to investigate the nature of these rights, pinpoint the particular rights of this age, and examine European norms pertaining to these rights. The paper also attempts to evaluate the chances for these rights’ legislative realization in Ukraine, both now and in the future. The article’s conclusions and suggestions are intended to serve as a theoretical and methodological foundation for legislation that will enhance the political and legal framework of the Ukrainian State. This is particularly true for programs aimed at addressing the deficiencies in the area of somatic human rights protection and ensuring at the national level.

Rodolfo Sacco’s Theoretical Contribution to Comparative Law: A Personal Account

AbstractThis article highlights certain aspects of Rodolfo Sacco’s theoretical work on comparative law. Rather than offering an exhaustive discussion, it outlines key points in his intellectual journey to help the reader understand how certain themes gained prominence in his work. An outstanding figure in the comparative law community since the 1970s, he remained active until the end of his life, well into the twenty-first century. Through his many contributions to the field, Sacco took comparative law research in new directions. He developed a more nuanced and complex analysis of the tasks of the comparative lawyer, elaborating an approach to comparison that does justice to the multiple components of all legal systems (“legal formants”) and their dynamics. We owe him a fine study of the silent, implicit dimensions of law that have a major impact on its application (“cryptotypes”), and a reflection on the relationship between law and language that shows how comparative law is deeply implicated in the process of translation.

Investigating the Relationship Between Cannabis Expectancies and Anxiety, Depression, and Pain Responses After Acute Flower and Edible Cannabis Use.

Objective: Cannabis has been touted for a host of pharmacological and therapeutic effects and users commonly report reduced symptoms of physical and mental health conditions, including anxiety, depression, and chronic pain. While there is existing empirical evidence supporting these effects of cannabis use, little is known about the extent to which these effects result from pharmacological versus expectancy factors. We evaluated the associations between participants' cannabis expectancies and their acute self-reported reactions after using legal market forms of cannabis with varying levels of cannabidiol (CBD) and Δ9-tetrahydrocannabinol (THC) in three domains: anxiety, depression, and pain. Methods: Fifty-five flower and 101 edible cannabis users were randomly assigned and asked to purchase at a local dispensary one of three products containing varying levels of CBD and THC. Participants completed a baseline assessment where they reported expectancies about general health effects of cannabis use and an experimental mobile laboratory assessment where they administered their assigned products. Edible users also reported their domain-specific expectancies about cannabis use in improving anxiety, depression, and pain. Following administration, participants completed acute indicators of anxiety, depression, and pain operationalized through subjective acute tension, elation, and a single-item measure of pain. Results: Among flower users, more positive expectancies for cannabis to improve general health were correlated with greater reductions in tension at acute post-use. This finding was replicated among edible users. Unlike flower users, more positive expectancies for cannabis to improve general health were also correlated with greater increases in elation and greater reductions in pain among edible users. More positive expectancies for cannabis to improve depression and pain were also correlated with greater increases in elation and greater reductions in pain, respectively, among edible users. Conclusions: Cannabis users' expectancies significantly impacted some of the acute subjective effects of legal market cannabis products. Among both flower and edible users, consistent, significant expectancy effects were found. Results were consistent with prior findings and demonstrate the need to measure and control pre-existing expectancies in future research that involves cannabis administration. Clinical trial registration number: NCT03522103.

My Numerous Detours – Toward Private Law as Society’s Constitution

Abstract The author responds in two ways to the contributions in this special issue dealing with aspects of his scholarly work. In his first, more general response, he traces the influences that various institutions and individuals exerted on him and were reflected in his work on private law theory. In retrospect, he understands both his many years abroad and his involvement with extra-legal disciplines, especially systems theory and sociology of law, as a search for the identity of private law in foreign legal systems as well as in foreign disciplines. At the end of this search stands the concept of societal constitutionalism. The author understands private law as society’s constitution, more precisely: as the legal constitution of the self-governance of a variety of social systems. In a second, more specific response, the author deals with some of the questions raised in the various contributions to the special issue. From the perspective of both sociology of law and legal doctrine, the author addresses problems of society’s constitution that arise, on the one hand, outside the borders of the nation-state in transnational political processes and, on the other hand, outside the institutionalized political sector, in the "private" sectors of world society. They revolve around the theoretical and practical potential of societal constitutionalism: how, in non-state institutions, the new power centers of society, particularly in the emerging socio-digital institutions, private law can set the normative conditions for fundamental rights, the rule of law, democratic participation, and, increasingly today, ecological sensibility.

Improving the Legal Regulation of Indirect Judicial Jurisdiction in the Eurasian Economic Union

Free cross-border circulation of court decisions is a necessary condition for successful integration. One of the main obstacles that states face in creating legal regulation in this area is the problem of the admissibility of foreign judicial jurisdiction, or, in other words, indirect judicial jurisdiction. The article discusses options for solving this problem.Aim and tasks. To propose options for improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union.Methods. This work uses both general scientific methods of cognition: analysis and synthesis, and specific scientific ones: formal logical, formal legal, comparative legal, and the method of legal forecasting.Results. Improving the legal regulation of indirect judicial jurisdiction in the Eurasian Economic Union is possible through the conclusion between the member states of the Eurasian Economic Union of an international treaty establishing unified criteria for direct judicial jurisdiction and conditioning the acceptability of the jurisdiction of a foreign court on compliance with these criteria. In the event that the competence of a foreign court is not based on the jurisdictional criteria contained in an international treaty, it is proposed to provide for the possibility of recognizing a foreign court decision if two conditions are met: first, there is a close connection between the court and the dispute or approval of the jurisdiction by the defendant; the second is compliance with the rules on exclusive judicial jurisdiction established in the national legislation of the member states of the Eurasian Economic Union.The author also proposes an option for improving the legal regulation of indirect judicial jurisdiction at the national level, both in the Russian Federation and in other member states of the Eurasian Economic Union. In particular, the option of introducing provisions on indirect judicial jurisdiction into national legislation is being considered, which would condition the acceptability of the competence of a foreign court by observing the criterion of a close connection between the dispute and the court that issued the judicial act, or the approval of its jurisdiction by the defendant, and non-contradiction with the criteria of exclusive judicial jurisdiction.Conclusions. The Eurasian Economic Union needs to create an effective mechanism for the recognition of foreign court decisions, which can be achieved, first of all, by improving the legal regulation of indirect judicial jurisdiction.

Unfair competition: problems of criminalization of acts and differentiation of responsibility for their commission

The subject of the study is the problems of criminalization of unfair competition and differentiation of criminal liability for its implementation. In particular, the following issues are analyzed: the current state of criminalization of acts provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the signs of which correspond to a certain extent to the prohibitions of the Federal Law "On Protection of Competition"; legislative techniques in the design of their compositions; qualifying and especially qualifying signs, sanctions provided for the commission of crimes of the specified group; practices in the field of application of the listed articles of the Criminal Code of the Russian Federation, including in countering unfair competition. The purpose of the work is to identify the problems of criminalization of acts that have signs of unfair competition, violations of legislative technique, shortcomings in the differentiation of criminal liability for their commission, and identify ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition, dialectical, logical, formal legal, comparative legal, hermeneutic research methods, as well as methods of legal modeling and legal forecasting are used. The scientific novelty lies in the analysis of the problems of constructing the elements of crimes provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation as a whole and in connection with their content with violations of the prohibitions contained in Articles 14.1-14.8 of the Federal Law "On Protection of Competition", proposals on criteria for criminalization of acts, research qualifying (especially qualifying) signs and sanctions as means of differentiating criminal liability, as well as in proposals for their improvement. The conclusions are based on the absence in the Criminal Code of the Russian Federation of a clear mechanism for protection against unfair competition, ideas about changing legislation aimed at establishing specific grounds for criminal liability for unfair competition, unification of qualifying signs and the proposal as a sanction of penalties and their sizes uniform for the entire group of criminal forms of unfair competition, as well as the extension to crimes, provided for in Articles 180, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the institution of confiscation.

Carl Schmitt’s Political Theology: Legitimizing Authority after Secularization

In the last years, a theological turn had a pervasive influence in the reception of Carl Schmitt’s writings. According to this view, his thought has a strong, substantial religious foundation. With regards to understanding not only Schmitt’s position but also his current influence in authoritarian countries, this essay argues that this interpretation is misleading and proposes a different and comprehensive analysis of Schmitt’s concept of political theology that replaces it in a political-legal framework. Against the theological reading, it argues that Schmitt’s concept of “political theology” refers to his own conception of legal theory as an attempt to relegitimize authority in a secular context. As “political theology,” this legal theory is designed to overcome normativism and parliamentarism by “substantializing” the legal form. Using Schmitt’s post-1933 works as an example, the essay shows that, as theology translates faith into a written doctrine, legal theory must, according to Schmitt, substantialize the legal form by translating the political idea into jurisprudence. Hence, this article concludes that Schmitt’s theory might be described as “political theology” but only in a formal, ideological sense. It is part of an authoritarian theory that is not religious but uses theology to revive an appearance of absolute legitimacy.

경찰기관의 정보공개 처분에 대한 검토

In this study, examine information disclosure and the administrative judgment system, which are means of police control, and examine the current status of the Central Administrative Appeals Commission's citation decision that clearly recognized the illegality and unfairness of the disposition of information disclosure by police agencies in 2023. In addition, it was intended to provide suggestions for reasonable disposition of information disclosure by police agencies. When a citizen exercises the right to request information disclosure from a police agency, the police agency decides whether or not to disclose the information in accordance with the statutory procedures set forth in the Information Disclosure Act. A person requesting information disclosure may appeal a police agency's decision to disclose information by filing an administrative appeal with the Central Administrative Appeals Commission. After reviewing the decision to disclose information to police agencies, be able to confirm the following facts. First, police agencies identified cases where they did not comply with statutory procedures under the Information Disclosure Act or misjudged the application of reasons for non-disclosure. In addition, we were able to confirm cases where police agencies' information disclosure officers lacked basic knowledge of the Information Disclosure Act, adding or changing the reasons for disposition, or restricting the information disclosure claimant's right to object through a substantive refusal with formal legality. The suggestions derived from the review of citation decisions regarding information disclosure by police agencies as discussed above can be summarized as follows. There is a need to do about the First, strengthening disciplinary responsibility for those in charge who do not comply with information disclosure procedures, Second, regular education and evaluation on cases of illegal and unfair information disclosure, Third, the introduction of a training completion system for police agency-specific office workers in the fields of investigation, transportation, and life safety, Fourth, strengthening the supervisory function of the Supervisory Office, Fifth, disclosure of cases of illegal and unfair decisions

COMPLIANCE AND LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY

This article is devoted to the study of the institute of compliance, the need to implement compliance procedures in an organization regardless of the form of ownership, type of legal entity, organizational and legal form. This business process has been widely implemented in the financial sector, but due to the spread of the introduction of economic sanctions and threats of secondary sanctions, it has become particularly relevant in Kazakhstan. This article analyzes the issues of the essence of compliance, procedures, goals and objectives, functions of services, types of compliance, negative consequences of non-compliance with legal requirements, corporate norms, ethical standards and internal regulatory documents. In the article, the author substantiates the need to include in the functions of compliance controllers the study of risks in the sphere of intellectual property turnover, which is a necessary measure of compliance with legal norms on intellectual property, not limited only to the introduction of anti-corruption, sanctions or antimonopoly compliance. In practice, these areas are well-established. However, illegal turnover of intellectual property, violations of exclusive rights create serious legal risks and financial consequences. In this regard, the author considers it necessary to implement compliance depending on the type of activity of the company, including for compliance with intellectual property legislation. This position is based on numerous facts of judicial proceedings, criminal and administrative prosecution of offenders who, when applying this type of compliance control, could have prevented violations of intellectual property law in advance. The introduction of compliance control in this area would prevent the onset of legal consequences and financial losses (fines, confiscation).

ANTHROPOLOGICAL APPROACHES TO THE STUDY OF CRIME: HISTORY AND CURRENT STATE

The purpose of the study is to identify the relationship between anthropological approaches to the study of crime and the possibility of their application in modern criminology to prevent crime. Materials and methods. The methodological tools correspond to the goals and objectives of the study and include the use of a dialectical-materialistic method of cognition, due to which it was possible to consider the subject of research in development, taking into account its interrelationships with historically changing legal phenomena. The comparative historical method as the main method allowed the authors to analyze the development of the institute of criminal anthropology and its patterns. The methods of formal logic, such as description, comparison, analysis and synthesis, made it possible to fully disclose the criminological and legal aspects of the phenomenon under study. The applied private scientific methods, such as comparative legal, formal legal and structural-functional ones were used to determine the interrelationships and interdependencies of the studied phenomena, as well as to make the necessary generalizations and conclusions. The results of the study. The relevance of this topic is due to the fact that today there are controversial issues regarding the anthropological approach to the study of crime. However, thanks to anthropological research, the study of the causes of crimes was initiated, which shed light on the appearance of deviant behavior of a person, which gave a great impetus to the development of criminology as a science. The anthropological aspect of crime has given answers to many questions about the causes of crime, and also marked the beginning of the race to find the truth: are criminals born or made? The anthropological theory in criminology is evaluated and assessments are given on the application of certain anthropological knowledge to crime prevention in the modern world. The importance of criminal anthropology in the system of crime prevention measures is substantiated. Conclusions. It is concluded that the anthropology of crime has generated ideas and views on the causality of crime as a result of the interaction of biological factors and surrounding realities and conditions that affect progressive or regressive development. It is noted that criminals have brain disorders, instability, genetic mutations, pathologies of their behavior and mental disorders that push them to commit crimes or act as the only solution in a stressful situation, since such people simply do not have a chance to arouse thought in a different way.

О приоритетных направлениях виктимологической профилактики служебно-экономической преступности в сфере реализации национального проекта «Здравоохранение»

The article examines the victimological aspects of service-economic crime in the implementation of the national project “Healthcare”. The author presents the characteristics of victims and substantiates the triangular structure of victimological crime prevention in the area under study. The use of general scientific methods (analysis, synthesis, induction and deduction), as well as specific scientific ones (questioning, formal legal) allowed us to approach the problem posed methodologically correctly and present reasoned solutions.

Проблемные аспекты действия принципов контрактной системы в сфере государственных закупок в современных условиях

Introduction. Further development of the institution of the contract system in the field of state procurement in context of the transition to the sixth technological paradigm [1, p. 130] and the focus of the Russian Federation on building an economy of knowledge and high technologies [2, p. 8] should take place on a conceptual basis, in strict harmony with the entire system of legal principles operatingin this field. The role of legal science in this process is to show the relevance and demand of all principles of the contract system in the field of state procurement, their practical effectiveness in new reality. The purpose of the study. Based on the analysis of the set of principles of the contract system operating in the field of state procurement, the purpose is to identify the features and problematic aspects of the implementation of these principles in the context of digitalization and modernization of the economy. Research methods. In the research, to the extent necessary the author used both general scientific (dialectical, logical, etc.) and private scientific methods (comparative legal, formal legal, etc.), whichultimately allowed to achieve the set goal. Results: The study of the principles of the contract system in the field of state procurement made it possible to identify problematic aspects of their implementation in modern conditions, to adjust the tasks according to current challenges of our time, to show the importance of distinguishing goals and principles of legal regulation for their correct and proper classification.

Legal Education Aspects Among the youth in the Republic of Kazakhstan

The main problem: The development of theoretical aspects of legal education, legal awareness. Organizational forms of legal education. Forms and methods of education of legal awareness, legal culture. Features of the formation of legal culture in the modern period. Problems of improving legal culture and legal education. Legal education forms a sense of confidence and independence in the legal sphere among the population of the state, thereby stimulating the legal activity of an individual, which presupposes voluntary, conscious, proactive, socially and morally responsible human behavior. Purpose: The article deals with the legal education of modern youth. The means of forming a legal culture are the promotion of law, the development of legal knowledge among citizens, the practical strengthening of the rule of law, the presence of a strong legal science, the improvement of the system of legal acts, which is achieved due to the presence in the state of a democratic, effective constitution and high legal and technical-legal quality of laws and by-laws. Methods: Methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: In this regard, there is a need to create a Republican Center for Legal Education at the Institute of State and Law, which will provide scientific research on the problems of legal education and upbringing, the development of the content and methodology of legal education at all levels of continuing education of students.

Criminal Legal Characteristics of Subjects of Crimes Against Morality

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Features of Delimitation of Crimes Provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are Committed in the Public Procurement

The specifics of the criminal law regulation of liability for abuse of official powers and their excess committed in the field of public procurement are determined by the specifics of the regulation of the activities of officials participating in this sphere within the framework of their “procurement” and related functions. The correct qualification of acts committed in the field of public procurement requires reference to numerous regulations of the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities. The need to refer to the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities in the qualification of abuse of official powers and their excess arises when determining the content of the signs of the subject and almost all the signs of the objective side of the deed. Industry legislation in the context under consideration is characterized by high dynamism, “layering”, a significant number of contradictions and shortcomings. These circumstances determine errors and lack of uniformity in judicial practice when distinguishing crimes provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are committed in the field of public procurement. Homogeneous, and in some cases identical criminal actions of customer officials – violations in the pricing of goods, works, services; actions restricting competition (inaction); violations of the established procedure for concluding (changing, terminating) state and municipal contracts; violations in the acceptance of delivered goods (work performed, services rendered), etc. – may receive different criminal legal assessment. The purpose of the article is to develop recommendations and criteria for distinguishing crimes provided for in Articles 285 of the Criminal Code of the Russian Federation and 286 of the Criminal Code of the Russian Federation, taking into account the peculiarities of criminal legal assessment when committing these acts in the field of public procurement. To achieve this goal, general scientific (analysis, synthesis, induction, deduction) and private scientific (formal legal) methods of cognition were used. In the study, taking into account the recommendations of the Supreme Court of the Russian Federation, theoretical positions in the science of criminal law, the peculiarities of the legal regulation of public procurement, recommendations for distinguishing the crimes under consideration, taking into account the specifics of the situation of their commission, are formulated.