Court Practice Research Articles

Confused Purposes and Inconsistent Adjudication: An Assessment of Bail Decisions in Delhi's Courts

Abstract A persistent issue in the Indian criminal justice system has been the over-incarceration of pre-trial detainees, which is inextricably linked with the practices of trial courts in deciding on the detention and release of accused persons pending trial. The present statutory law and judicial discourse provides little guidance on the process for deciding bail matters. There has also not been much effort to empirically research decision-making in such matters and/or the impact of these decisions on the pre-trial detainee population in prisons. The present study is an attempt to plug this gap, analysing ‘regular’ bail orders of Sessions Courts of Delhi available from the eCourts system between 2017 and 2019 for the offences of theft and rape. The data reveals a failure to recognise the fundamentally preventive purpose of bail, as well as to develop individualised and specialised processes in compliance with this purpose. Such failure in guidance has resulted in judges importing factors from the trial process that remain unjustified outside of the punitive detention process, such as guilt. In conclusion, we argue that a fundamental reimagination of the approach to bail is required – one that is distinct from the trial process and focuses instead on the individualised assessment of risk.

Trends in the development of jurisdictional immunity of a foreign state under continental law

The article examines the current trends in legal regulation of relations on granting jurisdictional immunity to a foreign state in the countries of the continental legal family. The author analyzes the regulations in this area and shows the role of judicial practice in this process. A comparative characterization of the application of the concept of limited immunity in Western countries is given.
 The term «immunity of a State as a subject of international law» means that each State is not subject to the jurisdiction of another State and is not subject to any authority (legislative, executive or judicial) of a foreign State. Sovereignty and the fact that all states are equal are the basis of state immunity. Ancient Rome used well-known phrases to define the equality of states: «par in parem pop habet imperium», which means «equal over equal has no power», and «par in parem non habet iurisdictionem», which means «equal over equal has no jurisdiction».
 According to the idea of limited immunity, a foreign state may have jurisdictional immunity when it executes acts of juris imperii. In the same cases, the state can be sued as a private person, and it cannot rely on immunity from foreign jurisdiction, as well as immunity from seizure of property as a means of securing a claim and recovering property. According to the proponents of this idea, the main criterion for determining the sovereignty of state actions is the participation of the state in transactions that are usually carried out by individuals and corporations, and not the ultimate goal of these actions. In this case, the practice of national courts should take into account both the interests of states (uninterrupted performance of their public duties) and the interests of private plaintiffs.

Legislative regulation of criminal liability of judges for passing an unjust or illegal judgement

The article provides an analysis of the legislative regulation of criminal prosecution of judges for making a deliberately unlawful decision or in violation of procedural law. International standards on of criminal liability of judges and judicial immunity, as well as judicial decision, and generalized approaches of legislators of other states to criminalization of rendering an unjust, illegal and/or unreasonable or biased judgement, and for comparison and other acts related to the performance of judicial duties. The article examines the provisions of the Criminal Procedure Code of Ukraine regarding the legality and validity of a court decision. A court decision is based on the principles of the rule of law, it must be made by a court in accordance with the substantive law and in compliance with the procedural law, and must meet the objectives of the relevant legal proceedings, but if it is made on the basis of insufficiently and comprehensively clarified circumstances, then it is an unreasonable court decision that is not deliberately unjust.
 The study was also based on the case law of national and international courts. The issue of interpretation of “criminal liability” was based on the study of the practice of the Constitutional Court of Ukraine. Compliance with the procedural procedure for bringing judges to criminal liability contributes to the observance of guarantees of their inviolability and independence, plays an important role in the resolution of criminal proceedings on the merits and is a prerequisite for observance of the general principles of criminal proceedings and the delivery of a lawful, reasoned and motivated court decision.
 The article highlights that the concepts of “injustice”, “illegality” and “unreasonableness” are not synonymous and have different procedural content.

The Injunction to Pay under a Bank Guarantee as a Procedural Means of Interference in Guarantee Legal Relations

The paper analyzes the balance between the procedural institution of acceptance of interim measures by the courts and the material institution of ensuring the fulfillment of obligations by issuing independent (bank) guarantees. The author raises the issue of the intrusion of interim measures into the independent nature of the guarantee relationship and justifies the approach according to which such interim measures may be permissible if there are signs of abuse of the right by unscrupulous beneficiaries. The paper analyzes the practice of both arbitrazh courts and courts of general jurisdiction and the approaches of courts to the adoption of interim measures prohibiting banks from making payments under a bank guarantee. The author also touches upon the issues of the standard of proof when courts apply interim measures in guarantee relations. In conclusion, it is substantiated that alternative methods of restoring the rights of the principal or guarantor in the form of collecting unjustified enrichment from an unscrupulous beneficiary may not be effective enough.

Особенности применения AFC-теста при установлении переработки и небуквального копирования программ для ЭВМ

A key feature of the protection of works in copyright is the principle of protection of the form of the work and the refusal to protect the idea. This approach gives rise to the doctrine of the dichotomy of the idea and expression dichotomy, the task of which is to distinguish the protected form from the unprotected idea when nonliteral copying and creating derivative works. The solution of this problem determines the method of establishing the fact of illegal creation of a derivative work, and the qualification of illegal processing of the work. In order to qualify actions that are the elaboration of computer programs, the judicial practice of courts of common law jurisdictions has developed a special method for detecting processing. This method is called the AFC Test, which consists in analyzing the elements of computer programs and delineating protected elements and comparing the remaining elements for their creative independence. There are practically no works devoted to the study of this method in the Russian doctrine. In the article, the author analyzes the peculiarities of the AFC Test application existing in the practice of domestic and foreign courts and comes to the conclusion that this method is a fairly effective tool for resolving disputes related to the processing of computer programs.

Legal Regulation of Parallel Import in the States of the Eurasian Region

The article is devoted to the problem of regulating parallel imports in the countries of the Eurasian region, which is significant in the conditions of the modern world economy. The relevance of this issue is related to the economic sanctions applied to such states of the Eurasian region as the Russian Federation and the Republic of Belarus. The legal regulation of issues of protection of intellectual property rights in Russia, Belarus, Kazakhstan, China, and Azerbaijan is analyzed. Special attention is paid to the consideration of the practice of the Constitutional Court of the Russian Federation, as well as legal acts regulating the rights of both copyright holders and importers and consumers, who are subject to the consequences of certain decisions of copyright holders who do not consent to the import of goods into different states.Aim. Research of the legal regulation of the institution of parallel imports in the states of the Eurasian region in the context of economic sanctions.Tasks. Analysis of regulations governing the protection of intellectual property rights in the states of the Eurasian region, research of the main directions of parallel imports in the states of the Eurasian region, as well as identification of the main legal problems associated with the legalization of parallel imports in the region.Methods. Comparative legal and cross-temporal analysis of international and national regulations in the field of antitrust, copyright and customs law, as well as the study and analysis of general scientific literature and the formation of one’s own conclusions during the research.Results. As a rule, the states of the Eurasian region have established the national principle of exhaustion of rights to a trademark, and the international principle is used as an exception for certain groups of goods. The legalization of parallel imports raises several formal questions about the compliance of permission to import without the consent of the copyright holder with the international obligations of various states.Conclusions. In connection with the introduction of economic sanctions against some states of the Eurasian region, parallel imports are an effective mechanism for protecting the domestic market from abuses by copyright holders who unreasonably deny importers the right to distribute goods. Also, one of the methods to neutralize the consequences of sanctions regulation is to use the markets of other countries in the Eurasian region, which do not directly prohibit parallel imports.

Dialectics of Communication about Justice among Indonesian Law Enforcement in Islam

The problem is that law enforcement, between advocates, prosecutors, judges, and police often does not encounter a form of justice because of improper dialectic or relational patterns. This study uses a dialectic of communication and an Islamic perspective, while the method takes case studies through interviews and field observations. The results showed dialectically communication through elements of totality, movement, contradiction, and praxis of law enforcers: advocates, judges, prosecutors, and and these Muslim police officers seek to apply the teachings of Islam in upholding justice for society. Because with Islam, the dialectic of communication in law enforcement directly and indirectly they feel often creates good and conducive relations in the courtroom, although contradictions and controversies often occur. The implications of the research will contribute to communication science, law, and court practice in Indonesia.

Юридическая хроника

The April Legal Chronicle describes the main events of March 2024 in the field of foreign sanctions against Russia, criticises the practice of Russian courts on the issues of liability of banks and clients when making money transfers under sanctions, analyses the problems of issue preclusion of a judicial act in a criminal case for civil proceedings in the light of the recently adopted definition of the Supreme Court of the Russian Federation, and considers the consequences of the Constitutional Court’s recognition of the provisions of Article 221 of the Tax Code as unconstitutional.

ПРАВОВЕ РЕГУЛЮВАННЯ ЕЛЕКТРОННОЇ ІДЕНТИФІКАЦІЇ ТА ЕЛЕКТРОННИХ ДОВІРЧИХ ПОСЛУГ В УКРАЇНІ: ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ Й РОЗВИТКУ В УМОВАХ ГАРМОНІЗАЦІЇ З ПРАВОМ ЄВРОПЕЙСЬКОГО СОЮЗУ

The use and exchange of electronic documents certified by an electronic signature and seal are increasingly used in all spheres of society. In the field of private legal relations, it speeds up the procedure for concluding contracts. Increasing the efficiency of their signing, in turn, allows you to speed up the execution of contractual relations and thereby improve the quality of service to customers, partners, and suppliers. Legal regulation is analyzed in the article on electronic identification and electronic trust services. Emphasis is placed on the importance of harmonizing current legislative norms in Ukraine with the legal norms of the European Union within the indicated scientific limits of the study. Attempts to implement the experience of international standards regarding electronic identification and electronic trust services into national legislation are analyzed. The article examines the concepts of electronic signature and electronic seal and analyzes their types: improved electronic signature and seal, and qualified electronic signature and seal. Attention is also focused on those requirements that are strictly subject to the qualification of an electronic signature and seal. Within the framework of the study of current legislation in general and court practices in particular, the legal consequences in cases of the absence of an electronic signature or seal on electronic documents have been clarified. For example, in cases where there is no electronic signature or seal on electronic documents, it becomes impossible to identify the sender of a particular message. Instead, in such a case, it is appropriate to note the lack of protection of this type of document from the possibility of text correction or editing. Therefore, it was established that in the case of the absence of an electronic signature or seal in an electronic document, such a document cannot be considered in the court process as evidence. The position is supported that, at the national level, a contract signed between the parties without the use of a qualified electronic signature will not mean the invalidity of such a contract, therefore the use of ordinary and improved electronic signatures is completely legal and will create rights and obligations for the parties who signed such a contract.

Male travel ban: legal regulation in Ukraine and international standards

The article discusses the issue of legal regulation in Ukraine of the ban on travel abroad. Russia’s military aggression against Ukraine made it difficult for the state to guarantee the rights of citizens and forced them to be partially limited. Since the introduction of martial law in Ukraine, men of conscription age have been prohibited from traveling abroad. The Constitution of Ukraine established the standards of the rule of law in this situation, which provide that the restrictions on the rights of a person and a citizen in the state are temporary and minimally necessary, and a specific list of rights cannot be violated under any circumstances. The final decision on the declaration of martial law is made by the Parliament. These norms of the Constitution of Ukraine correspond to the norms in the Universal Declaration of Human Rights.Analysis of court practice shows that plaintiffs often appeal against the decisions of officials of the State Border Service of Ukraine forbidding them to cross the state border, referring to their right to cross the said border because they have been granted a deferment from conscription for military service.National courts adhere to the position that the primary legitimate source of restrictions on the rights and freedoms of a person and a citizen during the period of martial law is the Constitution of Ukraine and the Decree of the President of Ukraine on the introduction of martial law. At the same time, adopting the relevant Decree and determining the content and scope of rights subject to restriction, the President of Ukraine is guided by the goal of introducing and implementing the necessary measures aimed primarily at ensuring the defence of the State. When establishing restrictions, the President of Ukraine takes into account the norms of Art. 64 of the Constitution of Ukraine, which provides a list of rights and freedoms that are not subject to restriction. At the same time, due to the circumstances in which the decision to introduce martial law is made, the mechanisms and procedures for implementing restrictions on rights cannot be fully normalized.

The mechanism of the social state and the place of the pension system in it: theoretical and legal aspects

The article is devoted to the theoretical and legal study of the role and place of the pension system in the mechanism of the social state on the example of the modern Ukrainian legal experience. Based on the analysis of legislation, doctrinal positions and practice of the Constitutional Court of Ukraine, the author has formulated the own vision of the substantive and ontological core of pension provision. It is demonstrated that pension provision as a set of legal relations and a real legal phenomenon in the substantive and ontological dimension cannot be identified either with the process of providing an individual with a set of certain social and material services (procedural approach), or with a set of measures taken by the State to meet the needs of an individual for adequate material security upon reaching retirement age or due to adverse social circumstances which exclude their opportunities for active participation in economic and social life. According to the human-centred paradigm, the substantive and ontological essence of pension provision is not only the right (legal possibility) to demand from the state a certain level of pension payments in accordance with certain objective criteria, but also the real possibility to receive such payments in the amount that allows a person to maintain a decent existence, to ensure their key needs in life and social environment, avoiding poverty and social isolation.
 The importance of the State’s guarantee of the right to pension as a component of the constitutional right to social protection is substantiated. It has been revealed that the social state implements such a social policy which guarantees not only pension payments, but also their amount, frequency of receipt and indexation in accordance with the established procedure, which ensure that every person entitled to a pension has an adequate standard of living, the stability of the established standards of pension provision, the guarantee of this provision, the predictability of the legislative policy of pension provision (in accordance with the concept of legitimate expectations), and the appropriate law enforcement policy of pension provision. It has been proved that in the context of the social state concept, the problem of legislative fixation of the optimal model of pension provision (which would take into account the issues of determining the amount of pension provision, their ranking in various, including special, laws, methods and pace of pension indexation, etc.), taking into account the economic situation of the State and the compliance of such provision with the task of realisation of basic human needs for decent living conditions, requires careful consideration (in accordance with the concept of “space for consideration”). The article emphasises that compliance with the constitutional principles of the social state requires legislative regulation of pension provision on the basis of equity and proportionality, taking into account the State’s obligation to ensure decent living conditions for every citizen of Ukraine.

ProjectDRIVE: study protocol for a randomized controlled trial to improve driving practices of high-risk teen drivers with a traffic violation

BackgroundTeen drivers with a traffic violation are at increased risk for crashes and crash-related injuries; however, most parent-focused interventions target teen drivers with supervised learner’s permits. Very few interventions are implemented at the probationary driver's license stage or target high-risk teen drivers, such as those with traffic violations. This paper describes the protocol of ProjectDRIVE, A Randomized Controlled Trial to Improve Driving Practices of High-Risk Teen Drivers with a Traffic Violation, which targets improving parent-teen communication about safe driving practices to reduce unsafe driving behaviors and traffic violation recidivism of teen drivers cited for traffic violation.MethodsTeen drivers (ages 16 or 17) cited for a moving violation and the parent/legal guardian most involved with the teen’s driving are recruited from juvenile traffic courts following their required court hearing. After completing informed consent/assent, enrolled dyads are randomized into one of three groups using stratified block randomization: control, device feedback only, or device feedback plus parent communication training. Participating dyads are followed for 6 months with 3 months of active intervention. Using in-vehicle device and smartphone application technology, the study provides real-time and cumulative driving feedback to intervention teens and collects continually recorded, objectively measured driving outcome data throughout the teen’s study participation. Primary outcomes include rates of risky driving events and unsafe driving behaviors per 1000 miles driven. Secondary outcomes include traffic violation recidivism up to 12 months following study completion and frequency and quality of parent-teen communication about safe driving practices.DiscussionThrough partnership with the local juvenile traffic courts, this study integrates recruitment and randomization into existing court practices. Successfully completing this study will significantly impact juvenile traffic court’s practices and policies by informing judges’ decisions regarding the driving safety programs they refer to teens to prevent motor vehicle crashes and crash-related injuries and deaths.Trial registration The study was registered on ClinicalTrials.gov Registry (NCT04317664) on March 19, 2020, https://clinicaltrials.gov/study/NCT04317664 and updated on April 27, 2021. This protocol was developed per the SPIRIT (Standard Protocol Items: Recommendations for Interventional Trials) Checklist.

Учет мнения детей при разрешении споров об их воспитании: практика в Советской России и эволюция нормативного закрепления

Introduction. The Soviet law postulated the priority of the interests of children as the main principle of resolving family disputes. The Modern Russian legislator has adopted this approach. Currently, cases of mandatory consent of children to perform a legally significant action have been established and the procedure for ascertaining the opinion of minors has been regulated. Did a child have the right to vote in Soviet courts? The answer to this question will help to understand the historical background of the formation of the juvenile justice in Russia. Methods. The study was based on dialectics, which acts as a general methodology of scientific knowledge. General scientific, special and specific scientific methods were used. A generalization of the judicial practice of the Soviet period was carried out using analysis, synthesis, induction and deduction. The results obtained were processed using the interpretive method. A comparison of legal regulation in different historical periods is carried out (comparative research method). The principle of historicism made it possible to assess the dynamics of the development of the child’s right to express his opinion when resolving a dispute and to identify cause-and-effect relationships between the Soviet and modern approaches to this issue. Results. It was revealed that in the Soviet Russia the question of taking into account the opinions of children when resolving disputes about their upbringing was raised by judicial practice: first in individual cases, then in uniform explanations. The court was required to take into account the views of children. The forms of ascertaining the child’s wishes were different; priority was given to out-of-court interviews. The older the children were, the more likely it was that a decision would be made in accordance with their wishes. At the same time, the practice of courts, which limited themselves only to the child’s opinion, received a negative assessment. It was necessary to evaluate how well the children’s wishes corresponded to their real interests, the reasons for the lack of contact with persons applying for education, and the living conditions that were created for the children. The continuity of the Soviet experience in modern legal regulation of taking into account the child’s opinion in family disputes is revealed. The requirements developed by Soviet lawyers are applicable to modern court cases.

The issue of recognition of ecocide as a crime by environmental courts and tribunals

The article analyzes the recognition of ecocide as a crime by judicial institutions. Ecocide still has not re-ceived a well recognized definition. However, the proposal to acknowledge ecocide as an international crime developed by the Independent Expert Panel for the Legal Definition of Ecocide, as well as the recognition of environmental crimes similar to ecocide as set out in the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law, should be highlighted and ana-lyzed. The purpose of the study is to analyze the impact of new approaches to the crime of ecocide on the practice of environmental courts and tribunals. By the application of general and specialized research meth-ods, the author identifies possible changes in the jurisprudence of already existing judicial institutions, as well as the likelihood of the emergence of international courts and tribunals dedicated to separate cases of ecocide. The article concludes that new approaches to the definition of ecocide may lead to further development of in-ternational environmental law and national environmental law of the Republic of Kazakhstan, as well as the possible emergence of effective international mechanisms to protect international environmental security.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

Standards of Disciplinary Conduct for the Corporate Directors: Perspective of the United States of America

Administration of corporate activity is the daily preoccupation of corporate directors. Delegation of decision-making to the director, who is an independent player within the company, can clearly create the risk of conflicting his interests with the interests of the shareholders. This potential conflict of interests is a consequence of the division of ownership of the company and the control powers of the company's commercial activity. The delegation of decision-making authority to the directors of the company may cause the risk of the temptation of the director to the assets of the company. In addition, directors may also be tempted by opportunities for profit that arise during the exercise of their function, instead of using these opportunities for the company. For this reason, it is necessary to foresee clear disciplinary parameters, to avoid and eliminate the conflict of interest, as well as the prohibition of competition. In the present paper, through a legal assessment, special attention has been paid to the main categories of standards: elimination of conflict of interest and prohibition of competition. The main aim of this paper is to analyze the US doctrine, legal provisions, which regulate the two standards of disciplinary conduct for the corporate directors, as well as the court practice in this regard. Also, an important objective of this paper is that it may serve as an important basis for further comparative studies in this field with other jurisdictions. Such analysis is based on the qualitative method, which contains also the research, analytical, descriptive, interpretive methods. The result of this paper will stimulate debate in the academic level and contribute to further improvements of our company legislation, as well to the legal doctrine in Albania that lacks such.

Electronic Administrative Judicial Procedure of Ukraine and the Right to Judicial Protection: Problems of Legal Regulation and Practical Issues

The article deals with certain problems of legal regulation of electronic administrative judicial procedure in the context of the realization of the right to judicial protection. The methodological basis of a scientific article is a set of philosophical, general and special scientific methods. It is indicated that electronic administrative judicial procedure should be attributed to the components of electronic governance. It has been established that the right to appeal to an administrative court and ways to protect violated rights cannot be limited when submitting and considering electronic documents, since the lack of such an opportunity leads to a violation of fundamental human rights, court practice in this matter is given. It has been established that it is the application of a specific method of protecting participants in public law relations of a violated or denied right that is the result of the activity and effectiveness of the legal mechanism for protecting rights when using information and communication technologies in administrative courts. Revealed that these rights protection mechanisms should be applied on the basis of the rule of law, accessibility and transparency, impartiality and independence, including the principles of oral hearing and equality of arms. The analysis of the concepts "electronic justice", "electronic court" in the scientific literature, national and international legal documents is carried out. The essence of "electronic administrative judicial procedure", its elements, stages of implementation in practice are disclosed. Separate directions for improving the legal regulation of electronic administrative judicial procedure regarding the implementation of the right to judicial protection are proposed.

Some Criminal Procedure Aspects of Overcoming Counteraction to the Investigation of Crimes Committed by Administrative and Managerial Elite

The investigation of official malfeasance committed by administrative and managerial elites is often accompanied by a number of objective and subjective difficulties. In addition to the specifically forensically relevant features of the subjects of crimes aimed at counteracting the investigation, which is carried out both directly by these subjects or indirectly through defense attorneys and other stakeholders, a significant role is played by the drawbacks found in a number of criminal procedure norms regulating the grounds and the procedures for conducting procedural actions, especially the inspection of the crime scene and other types of inspections. Insufficient clarity of regulations, possibilities of dual interpretations, gaps and collisions lead to a lack of uniformity in their application in investigation and court practice, which acts as a fertile ground for the emergence of conflicts between the prosecution and the defense. Having analyzed the clauses of Art. 176–180 of the Criminal Procedure Code of the Russian Federation, primarily in reference to official malfeasance, the author presents his suggestions on improving the wording of specific criminal procedure norms. The author gives his own definition of the concept «the scene of the incident», and argues for its legitimization in Art. 5 of the Criminal Procedure Code of the Russian Federation, thus neutralizing both the problem of ambiguous interpretations of this term, and the correlation between the inspection of the scene of the incident and other types of inspections, aimed at studying a certain area. In connection with this suggestion, the author also presents the projects of the norms in Parts 5 and 6 of the Criminal Procedure Code of the Russian Federation that specify the procedural forms for inspecting dwellings and territories under the jurisdiction of a juridical person or an entrepreneur.

Discrimination, freedom of expression and two concepts of liberty: Assessing European legislation criminalizing hate speech

AbstractHate speech has been linked to categorization, stereotyping and discrimination challenges. Moreover, it presents an intersection of criminal law, criminology, philosophy of law and psychology. The authors analyse discrimination and freedom of expression in the legal framework of the European Union and in the practice of the European Court of Human Rights. They apply Berlin's two concepts of liberty, namely positive and negative liberty, to research the nature of European jurisprudence and the selected legislative frameworks. The choice between conceptions of essential moral and political values, such as positive and negative liberty, has an enduring meaning. It is a part of the human being and our thoughts and feelings about our identity. Such a choice may be why questions about the most appropriate regulation of the crime under consideration have a special place in the public discourse.

The economic basis of a tax: the concept and the principle

The subject. The article investigates the legal content of the concept of the economic basis of a tax and the relevant principle. The reason for choosing this subject of investigation lies in the emerging practice of how the statutory principle applies which is set out in article 3(3) of the Russian Tax Code, according to which taxes and levies should have an economic basis. Purpose of the study. The article analyses the existing ideas about the economic basis of taxes, proposes and substantiates the legal definition of the concept, specifies the types of taxable economic benefit and discloses the content of the principle of the economic grounds of a tax.Methodology. The methodological framework comprises a systemic analysis of the provisions of Russian tax legislation, studying the practice of courts and administrative bodies, higher courts and opinions of experts, the historical background and the interrelation between the economic and legal aspects of taxation.Conclusions. The economic basis of a tax should be understood to mean gaining an economic benefit to which tax legislation pegs the emergence of the obligation to pay the tax. Economic benefit should be understood as a positive economic outcome. The article delves into the types of economic benefit, which includes the following: added value, profit, net profit and natural resource royalty. To impose a specific tax, the principle of economic basis of a tax means an imperative requirement for the taxpayer to have relevant economic benefit.