CIVIL LAW
The article gives the author's analysis of the most preferred form of placement of children left without parental care – adoption, which should finally replace the surrogate motherhood as a phenomenon which contradicts to human nature. One of the most important family law institutions, – of adoption, has been studied. Also it`s complex, intersectional nature is proved. The scientific novelty of the article is the author`s attempt to explore adoption (adoption) in the context of both its family law and civil law regulation, the importance of the synergy of family and civil law in the analysis of the institution of adoption (adoption) is substantiated. Based on the works of legal scholars, the authors show the combination and interpenetration of dispositive and imperative methods of legal regulation in the institution of adoption, which, on the one hand, is a completely logical phenomenon, on the other hand, requires its improvement for the sake of observing the rights and legitimate interests of adopted children. As practice shows, the rights and legitimate interests of adopted children are often violated or limited, which is an unacceptable fact, in view of this, the need for more careful monitoring and supervision of the living conditions, upbringing and development of adopted children by the state represented by guardianship and guardianship authorities is indicated. The article convincingly proves the importance of developing the institution of adoption in Russia, equalizing not only the legal, but also the actual status of the adopted in comparison with the blood relatives of a particular family. Considerable attention is paid to the secret of adoption in the article, the degree of public danger of its disclosure is comprehended, the irrationality of hiding information about biological parents from adopted citizens is indicated, whose right to know themselves, their genetic roots is significantly limited. Finally, the authors emphasize the importance and necessity of the synergy of civil law and family law regulation of the institution of adoption (adoption) in order to create the most favorable family environment for both adopted children and the adoptive parents themselves.
Civil law establishes and regulates the institution of terms. The correct determination of the terms contributes to the effectiveness of civil law regulation, disciplines the participants in civil legal relations, encouraging them to protect their rights in a timely manner and fulfill contractual obligations. Civilian scientists do not stop arguing about how to better and more accurately formulate the concept of terms and the concept of limitation, what should be the duration of some special terms, how to more accurately determine the moment when the limitation period begins to flow in case of poor performance of work under a work contract, etc. In the science of civil law, there are still quite a few controversial regulations and debatable issues regarding the essence of civil law terms, their classification and application, which necessitates scientific understanding and analysis of such problems. The theoretical basis of this article is the works of famous scientists such as M. M. Agarkov, V. P. Gribanov, M. A. Gurvich, O. A. Krasavchikov, D. I. Meyer and others. The methodological basis of this article is made up of general scientific and special research methods, such as formal-logical, systemic, comparative, methods of analysis and synthesis, and the method of generalization. The article formulates the concept of a civil term, highlights the features that characterize this legal category. The classifications of terms existing in the doctrine of civil law are analyzed. Scientific approaches to the relationship between the concepts of preemptive terms and limitation periods have been studied.
This article is dedicated to the main problematic issues of the most common type of private law contract, which serves as an instrument for regulating relations of the main participants of the commercial circulation of goods – a supply contract. As a matter of a fact, one of the most controversial areas of sale & purchase agreement is the turnover of energy resources. Сonsidered, in particular, the problems of the weak party of the supply agreement; the discussion of the legal nature of the supply of energy resources – whether it acts as an ordinary sale & purchase agreement, a contract for the supply of goods, or whether the energy supply agreement is an independent (self-contained) type of contracts; the problem of the foreign element in such contracts. Attention is drawn the contradiction of the principle of protection of the weak party of legal relations to the principle of legal certainty. Foreign elements in the contract are divided by him into formal and non-formal.
In June 2022, the State Duma adopted a Federal law that amended the provisions of the Civil Code regarding the regulation of trademarks. In accordance with the amendments, trademark registration is available not only to legal entities and individual entrepreneurs, but also to individuals. The legal basis for this was the introduction of the status of self-employed, who has the right to conduct business and, accordingly, may need to register their own trademark. The legislation in force earlier did not allow such an opportunity. It should be noted that the new introduced norm is not without drawbacks, one of which should be called the controversial wording "by all citizens, including the self-employed". In accordance with this formulation, it turns out that every citizen has the right to register a trademark, even one who does not have the status of self-employed. However, the legislation clearly prohibits the conduct of entrepreneurial activity without obtaining the status of self-employed, individual entrepreneur or registration of a legal entity. In this case, it becomes unclear why a citizen who is not engaged in entrepreneurial activity may need to register a trademark. This article is devoted to the discussion of this problem.
The article examines the restrictive and stimulating legislative measures taken by the Russian Federation in 2022 aimed at supporting macroeconomic stability, providing financial aid to its residents and increasing investment attractiveness in the face of hostile international politics. During the research, the author highlighted the global trend of increasing the number of restrictions in relation to foreign investment; analyzed the external policy prerequisites that led to the need to take measures to ensure the sustainability and stability of the economy in the current conditions; provided examples of priority legislative measures introduced to ensure Russia's economic security, prevent the outflow of financial resources and protect the rights and interests of Russian companies and citizens; studied the set of retaliatory restrictions against foreign investors; highlighted the expediency of international cooperation development in order to increase investment attractiveness. As a result of the conducted research, the current Russia’s legislative response to foreign economic challenges and unfriendly actions of several foreign states and individuals can be characterized as balanced, efficacious and corresponding to the principle of reciprocity.
The article highlights the problem associated with the forced transition from competitive to non-competitive procurement by credit organizations, against which sanctions or restrictive measures have been imposed directly and (or) persons controlling them, consisting in the impossibility of ensuring the goals and principles of legislation on procurement of goods, works, services for the needs of individual legal entities that contribute to ensuring fair competition. Analyzes the consequences of this problem, consisting in the monopolization of the markets of goods, works, services for such customers, and also explores the possibility of markets emerging from this state, measures that have already been taken by credit institutions in terms of adaptation to the changed realities in order to restore the previously existing procurement system. In addition, the article suggests a possible way to maintain fair competition among participants in procurement conducted for the needs of such credit institutions.
The article is dedicated to the most controversial issues of legal regulation in the field of production, placement and distribution of advertising. These include questions on the of subjects of advertising legal relations - whether it includes, in addition to advertisers, advertising producers and advertising agencies, other persons. The article also analyzes the issue of distinguishing between advertising and information after the entry into legal force of the new provisions of the Federal Law "On Advertising" (paragraphs 13 and 14 of Article 3 of this law). Concerning the production of advertising, the author understands it as the whole process of its creation, from the creation of sketches and ending with the manufacture of promotional products. This is in line with the practice of full and parttime advertising agencies. The list of subjects of advertising legal relations, consisting of an advertiser, an advertising producer and an advertising distributor, based on the provisions of the Federal Law "On Advertising" is incomplete. The author explores the issue of classifying advertisers, advertising producers and advertising distributors as such consumers and self-regulatory organizations.
The article deals with the definitions of members and former family members of the owner of the residential premises, problematic issues of termination of the right to use residential premises by former family members of the owner of the residential premises, the obligation of the owner of the residential premises to provide other living space for the former spouse and other members of his family, in whose favor the owner fulfills alimony obligations, compliance with the balance of interests of the owner of the residential premises and former members of his family in the resolution of these housing disputes. The author paid special attention to the theoretical and practical problem of preserving the right to use residential premises for a certain period of time for the former family members of the owner of the residential premises. The methodological basis of the study was the dialectical-materialistic method of cognition of reality. Methods of description, comparison, analysis, analogy, generalization of scientific, legal and law enforcement materials were also used. The author conducted a study of doctrinal positions, legal acts and law enforcement practice, including acts of the highest judicial authorities, and came to the conclusion that it is necessary to further improve housing legislation and the practice of its application. It is proposed to amend Part 4 of Article 31 of the Housing Code of the Russian Federation.
DIGITAL TECHNOLOGIES AND DIGITAL LAW
The subject of the study is the state of the mechanism of legal regulation of social relations currently developing regarding the legal circulation of digital rights in the Federal Republic of Germany. To do this, the study uses both general scientific methods (synthesis, analysis, functional method) and private legal methods (historical-legal, formal-legal, comparative-legal). In particular, in order to achieve the goals, set in the study, the evolution of organizational, political and regulatory documents adopted in the Federal Republic of Germany in order to ensure the legality and continuity of the circulation of digital rights was studied, an overview of individual norms from these documents was given. The novelty of the scientific research lies in a useful comparison of the German and Russian approaches to understanding the legal essence of digital rights, to allowing their full circulation, including in the cryptocurrency sphere, which is extremely relevant today for all the participants in economic legal relations. The final conclusions made in the study boil down to the following theses: in the Federal Republic of Germany, at the moment, the circulation of digital rights is not only a ubiquitous socio-economic phenomenon, but also one of the fairly well-developed legal institutions in the general system of the German Civil Law; the development of the German institution for the circulation of digital rights takes place in line with not only national, but also unified European legislation; the turnover of digital rights in Germany is not a completely spontaneous process, depending solely on the will of the right holders themselves, since its continuous improvement is included in the long-term state plans for the digitalization of the German economy; today all interested representatives of the German society are involved in the optimization of the legal mechanism of digital circulation process – public authorities, non-profit organizations and business entities; at the same time, if a comparative analysis is carried out, it becomes obvious that there are still some purely theoretical differences in the understanding of the basic rules for the circulation of digital rights in different national jurisdictions.
The article discusses the possibility of introducing stablecoins in the Russian Federation as a type of cryptocurrencies backed by exchange goods as a means of payment for mutual settlements in foreign trade transactions. The risks and possible benefits from the introduction of a stablecoin backed by physical gold are analyzed. The purpose of the study is to determine the prospects, timeliness and necessary conditions for the introduction of stablecoin settlements in Russia. As a result of the study, the authors come to the conclusion that with the current existing mechanisms for determining the price of gold at the LBMA Gold Price electronic auctions, the introduction of a stablecoin in Russia is premature. The introduction of a Russian stablecoin backed by gold is possible, first of all, only if a controlled exchange of precious metals is created and gold pricing is decoupled from the dollar. Also, the necessary conditions for the introduction of a stablecoin are the creation of a stablecoin operator, the creation of a stablecoin payment system, the creation and implementation of a financial monitoring system in the settlement system with stablecoins backed by gold.
Due to the active development of information and telecommunication technologies, online trading is increasing its turnover every year. Currently, e-commerce, which has had a significant impact on changing the features of the modern consumer model and created new prerequisites for the further transformation of domestic and international legislation in the field of trade, is one of the main sectors of the economy in most countries. At the same time, the number of goods purchased by Russian citizens in foreign online stores is also growing. However, due to the lack of a clear legal regulation of relations arising from online purchases in foreign online stores or marketplaces, in practice there are many problems associated with the failure of foreign sellers to fulfill their obligations to Russian citizens in full. The article discusses some features of the legal regulation of relations between Russian buyers and sellers, which are foreign online stores. In particular, the author pays attention to the study of key criteria that indicate the focus of foreign online stores on the Russian market, as well as the issue of the subsequent liability of these entities in case of non-fulfillment and improper fulfillment of the requirements established by the sale and purchase agreement concluded remotely on the Internet.
The importance of IT companies for the breakthrough development of the digital economy in the Russian Federation has led to major changes in taxation, tax control and tax administration in the high-tech industry. The features of the tax and legal status of IT companies are revealed, which consist in an extended preferential regime and the non-use of a restraining mechanism (permission to split a business). The proposal to supplement the tax and legal status of IT companies with the right not to keep separate records for the purpose of profit taxation is argued. The positive economic effect for the budgetary system from the establishment in the Tax Code of the Russian Federation of threshold values for shares from various types of activities of IT companies, the achievement of which gives the right to preferential taxation, is substantiated. A different scope of rights in the tax-legal status of IT companies – residents and non-residents is revealed, which is due to the unreasonable sanctions regime of unfriendly countries against Russia. A proposal has been formulated to grant a special tax status in terms of providing tax benefits and benefits on insurance premiums, as well as a simplified procedure for registering digital products, to IT companies and specialists from countries of friendly jurisdictions.
The article presents the main results of a scientific study of legal and organizational approaches to improving the regulatory legal support for combating corruption in the field of public procurement using innovative technologies in modern conditions of pandemic and sanctions phenomena. The most promising directions and opportunities for the formation of innovative approaches to the legal regulation of artificial intelligence and machine learning, as well as blockchain technologies and the like are identified. Proposals have been made aimed at the fullest realization of the potential of innovative technologies in ensuring integrity and preventing corruption and other risks, primarily in the field of public procurement. Logical, comparative, empirical, analytical, historical-legal, descriptive and others were used as the main methods of cognition during the research. The scientific novelty of the study was the conclusions according to which, firstly, it is advisable to legally strengthen the capacity of law enforcement agencies, anti-corruption and supervisory authorities to understand the opportunities and risks of new technologies in the national digital strategy, which in turn should have a clear structure for implementation, coordination, regulation, monitoring and evaluation and should promote innovation and inclusiveness, while minimizing the potential risks of misuse or abuse; secondly, it is important to continue the development of legal support for digital education and literacy in society and, thirdly, to carry out anti-corruption activities together with high-tech industries to ensure compliance with regulatory requirements, while at the same time allowing the use of new technologies with maximum potential, including in continuous experiments.
ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС
The article analyzes the problems associated with the correlation of the categories «judicial discretion» and «uniform application of legal norms» in the framework of law enforcement activities of courts. In particular, the issues concerning the legal nature and limits of the application of judicial discretion are considered. Attention is paid to the study of evaluation categories contained in the norms of substantive and procedural law, which are applied by courts in specific cases. Based on the results of the study, a conclusion was made about the need for maximum concretization of legal norms requiring judicial discretion in their application, both at the level of lawmaking activity and within the framework of the formulation of mandatory explanations of the Supreme Court of the Russian Federation. It is proposed to specify in the current legislation the powers of the Plenum in terms of the obligation to formulate in its decisions exclusively closed lists of grounds for the application of legal norms that allow the court to act at its discretion, taking into account the circumstances of the case. Additional mechanisms involving the use of modern information technologies in judicial activity are also proposed, which will allow the court to quantify and determine the vastness of judicial practice in a certain category of cases, as well as its other parameters, which are currently evaluative.
STATE AND LAW
The article notes the importance and relevance of the issue of food security in the context of national and economic security of the Russian Federation, examines its essence and legal basis. The author examines the provisions of the National Security Strategy of the Russian Federation, the Food Security Doctrine of the Russian Federation, the Action Plan for the implementation of the provisions of the Food Security Doctrine of the Russian Federation and comes to the conclusion about the inconsistency of these regulations due to the inconsistency of the threats listed in them with modern realities. The study notes that in the field of ensuring food security, priority should be given to domestic production, and not to the import of food. The author has put forward specific proposals containing legal ideas that can adjust the system of ensuring food security in the Russian Federation in the context of national and economic security of our state. In addition, the author of the article puts forward her proposal de lege ferenda on the adoption of the Federal Law "On Northern Carriage", which should indicate the priority of delivery to the relevant territories of socially significant food products of proper quality and in due time. At the same time, the author proposes to reduce the barriers to the admission of domestic products to the shelves of chain supermarkets and rationally reduce them, maintaining a balance between the interests of the state and retailers, subject to the principles of fair competition, but taking into account the priority of full-fledged turnover of Russian food products in the current geopolitical and economic realities.
The subject of research in the article is the measures of state support implemented during the subject of the author's research in the article is the measures of state support implemented during the coronavirus period, which complicated the activities of the financial sector and the lives of consumers. The article analyzes the impact of the measures under consideration, notes the positive and negative consequences of their application. The author undertook a scientific analysis of the materials of normative acts adopted by state structures during the pandemic to support both various sectors of the economy and participants in entrepreneurial activity and the population, not just to comprehensively identify the measures taken, but also to assess their effectiveness in a period of instability. As a result of the conducted research, the measures of state support are assessed as significant economic assistance for business and the population. Among the disadvantages is the fact that such measures did not apply to all possible participants. For example, the state has allocated certain subsidies to shopping centers, but not to their tenants themselves.
To date the state pays special attention to the issues over the implementation of entrepreneurial activity. The improvement of the scope of control activities began in 2019 from the moment of making certain changes to the current legislation. One of the directions has even become a regulatory guillotine, the main purpose of which is the inventory of existing regulatory legal acts in the field of state control. As a result of this reform, many previously existing types of controls have been updated, some have been simplified, but new ones have also appeared. Within the framework of this article, we will analyze each type of state control over the implementation of entrepreneurial activity in the light of the provisions of Federal Law N 294-FZ «On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control» and Federal Law N 248-FZ «On State Control (Supervision) and Municipal Control in the Russian Federation».
The reason for the study was the discussion that continues to be lively in the scientific community and society about the means and methods of exercising political power that correspond to the modern understanding of the role of the state and law in people's lives. The relevance of the research is determined by the gap between the importance that philosophical, economic and political ideas that make up the essence of liberal ideology have for social development, and the level of their penetration into public consciousness and social practice. This contradiction is significantly reinforced by the versatile and tendentious criticism of liberal ideas, which further blurs their understanding and complicates their perception by the public authorities and the state regime. Today there is no doubt that the processes of public administration should be carried out under the control of society, therefore the influence of legal science on them, as a socially organized form of cognition of these processes, is difficult to overestimate. The author, considering the most general ideological foundations and fundamental principles of liberalism, concludes that they are of lasting value for overcoming existing social contradictions and achieving social well-being. The political regime mediates the ideological, ideological and legal spheres that characterize the cultural and value characteristics of society that influence the formation of political power in a given country. Liberalism as a political ideology connects the achievement of high quality of life indicators with the provision of freedom and equal opportunities for individuals to implement their legitimate actions aimed at embodying their ideas about their place in society. The degree of liberalization of society directly affects the methods of exercising political power, political freedom, the level of state violence in the country, respect for human and civil rights and freedoms.
The article examines the theoretical and empirical philosophical and legal problems of the Gnostic legal understanding of the art of sophinomy (mudrozakonia). The author defines sophinomy from the position of the legislative process based on the eidos of justice, humanism and justice. At the same time, the work focuses on the spiritual and moral qualities of persons who are obliged to adopt laws for society and the state. Improving the quality of lawmaking is directly related to the characteristics of scientific (doctrinal) legal awareness, the theory of public authority and ethics. In addition, in the article, the author divides people into three psychological and legal groups: somatics (healers or physicists), psychics (deciders and solvers) and pneumatics (gnostic philosophers). At the same time, the author proves that only pneumatic philosophers should legislate, acting as true philodics, capable of adopting laws of fear for somatics, laws of hope and creation for psychics and laws of brotherly love for their corporation. A mechanism is proposed for selecting the best legislators by conducting a series of tests among candidates for philodics, such as hall check, truth check, trust and fear check, will check and rebirth check. The author believes that it is advisable to educate philosophers in autonomous self-organizing intellectual organizations (clubs) similar to Masonic lodges, since this approach allows those striving for truth to be freed from the temptations of political domination and the expediency of conquering, preserving and retaining power by certain individuals, clans, estates and other political strata.
CRIMINAL PROCEDURE AND CRIMINALISTICS
In the article attention is drawn to the need to establish the circumstances indicating the socially dangerous nature of crimes in the family, while focusing on a detailed study of the causes and conditions that contributed to their commission. It is indicated that in the implementation of any targeted action, the subject uses the laws of the objective outside world to achieve a criminal goal in order to further justify his actions, exclude their wrongfulness and his guilt in the consequences. Therefore, determining the subject of research of this article, the authors proceeded from the fact that in the process of investigation it is necessary to establish the existence of a causal relationship, which lies in the preparation, commission and concealment of a crime. When starting to establish a causal link between these phenomena, it should be borne in mind that no action in a criminal event is the consequence of one single isolated operating reason and this is especially evident in the commission of unlawful acts against family members. An illegal result cannot occur in the absence of a causal connection, without the relationship between the actions that make up the method of committing a crime. This circumstance, unfortunately, is missed both during the preliminary and during the judicial investigation. It is known that any person commits certain actions in certain conditions of place and time. The circumstances existing at the time of its action or which received a later change, of course, have an impact on the development of the causal series in one direction or another. Therefore, an unlawful act against a family member is not the only cause of harm to life or health. The purpose of the article was to consider and analyze the causes, conditions, consequences of unlawful actions of the subject included in a single causal chain of committing a crime. As a result of the analytical work of the generalization of practice, the authors concluded that the role and sequence of the indicated actions should be clarified both in the pre-trial and judicial proceedings in the case. At the same time, it is necessary to proceed from the fact that the issue of criminal liability of the subject cannot be resolved on the basis of only causal connection. To do this, it is necessary to establish whether the harm caused is socially dangerous and culpable. It can be taken into account as one of the components of importance for resolving the issue of public danger of crimes committed in the family. For additional arguments, legal prerequisites are investigated, not only the reasons that led to the commission of unlawful acts in the family, but also some methods of committing unlawful acts are listed and analyzed in detail. The authors conclude that the antagonistic relations that have arisen between family members are due to their constant monotonous contact, the need for joint residence of the subjects, and the fulfillment of their duties. Some of the reasons given are confirmed by the analysis of the materials of specific criminal cases, by court sentences.
After the crime committed by a woman and social disapproval of such crime by the society, consequences of her illegal behavior are not focusing on that offending woman and the sufferer (or sufferers) alone, but are circulating within the entire state's social and economic arteries. Therefore, the analysis of the current state of women's crime in Russia and the fixation of the dynamics of this complex social phenomenon in society is of crucial importance for identifying features or general trends in the mass of illegal behavior, as well as from the point of view of the measures taken to prevent the occurrence of negative socio-economic consequences in the coordinate system of public relations and at the micro level of each convicted woman and her family members. The authors elect as the methods of their study an analysis of statistical data, a comparative analysis of data and analysis of statutory provisions. An advantage of the methods elected is that the authors are able, on the basis of the data available, to derive from the study the urgent consequences of the current situation in criminality among women in our country. The authors found that the existing dynamics of criminality among women in Russia are demonstrating a trend to growth, against the background of a general reduction of crime recorded in the Russian Federation from 2 206 249 in 2013 to 2 004 404 in 2021. The total number of women convicted and staying in the correctional colonies of general regime in Russia as of 2022 is equal to 28 361; 44% of women convicted and staying in prison in Russia are uneducated at all, or their education level is insufficient for their age category. According to most recent data, the number of convicted young women at an age of between 18 and 35 staying in the correctional colonies of general regime in Russia is equal to 11 666; 62% of convicted women are mothers and have children. A probation institute is required in Russia; a remote access of convicted women to education, even in the correctional facility, is extremely important, and the level of such education must be formed on the basis of each convicted woman's individual needs and capabilities, as regards acquisition of profession (specialty); the above measures are expected to reduce the social rehabilitation period after such social isolation; a steady need exists in enhancement of young girls' and women's legal culture in the course of education at any educational institution of the country in order to foster a law-abiding conduct, since the respect to law in the coordinates of social relationships and each person's legal behavior is the basis of civic education.
The article is devoted to the adversarial principle in criminal proceedings enshrined in the Russian law and objective possibility of its implementation in practice at different stages of criminal proceedings. Adversarial principle in criminal proceedings is very important, it is the principle that makes the criminal process truly adversarial and therefore effective. The level and objective possibility of implementation of the adversarial principle indicate the democracy of the justice system. The content of the adversarial principle, various approaches to this principle of criminal proceedings, its application in individual stages of the criminal process, as well as separate problems of application of this principle at various stages of criminal proceedings are analysed. As a result of the analysis, a conclusion about the problem of implementation of the adversarial principle is made. Among other things, it is substantiated that the mechanism of implementation of this principle is not sufficiently effective, especially at the pre-trial stages of the proceedings.
The article discusses some problematic aspects of the implementation of evidence in cases against certain categories of persons. Based on the theoretical analysis of the practice of applying Chapter 52 of the Code of Criminal Procedure of the Russian Federation, the provision is argued that the special procedure of production provided for by this chapter has its own specifics of evidentiary activity. In this regard, according to the author, the criminal procedure law should reflect the addition of the subject of proof in such criminal cases by circumstances peculiar only to this type of production to be proved. It is demonstrated that there is a need to expand the subject of proof in this category of criminal cases, firstly, due to the obligation to establish such a feature of the subject of the crime as the validity of his status, and, secondly, due to the need to refute the version about the conditionality of criminal prosecution by countering the legitimate activities of the person being prosecuted. Specific recommendations are made to improve the norms of legislation regulating the proceedings against certain categories of persons, which, according to the author, will allow the investigation of such cases more purposefully and effectively.
The article considers the stages of the formation of criminalistic teaching on the implementation of special knowledge outside of forensic expertise (specialization or forensic specialization); the author pays special attention to the periodization of the institute of a specialist, starting with the adoption of the Criminal Procedure Code of the RSFSR in 1922 to the present. The author sees the purpose of the study in highlighting the periods of development of the forensic teaching on the implementation of special knowledge outside of forensic examination. The subject of this study was the Russian legislation regulating the use of special knowledge outside of forensic examination. When writing a scientific article, general scientific and special methods of cognition were used. As a result of the research in retrospect, the author formulates his own vision of the periodization of the stages of the formation of criminalistic teaching on the implementation of special knowledge and proposes to distinguish eight periods of development: from the time of Ancient Russia to 1832; from 1832 to 1864; from 1864 to 1917; from 1917 to 1922; from 1922 to 1960 years; from 1960 to 2001; from 2001 to 2013; from 2013 to the present.
INTERNATIONAL LAW
In this article, the author is investigating the legal provisions governing the implementation of the inspection of ships for compliance with the requirements of existing international conventions. The author, using the example of existing national and international acts, explores and reveals the features of the legal regulation of state port control for compliance with the rights of the crew of foreign shipping. This is the researching of the formation and development of legal regulation of state port control, aimed at ensuring compliance with living and working conditions on board ships. The levers of influence on shipowners who do not comply with the law and do not ensure compliance with living and working conditions on board ships are considered. It is noted that in case of non-compliance with the mandatory requirements for the safety of navigation, the seaport captain has the right to prohibit the ship from entering the seaport. Attention is drawn to the insufficient protection of seafarers' rights, which is associated with the peculiarities and specificity of seafarers' work and the importance of having special knowledge in this field. The conclusion is made about the importance of the actual implementation of mechanisms to ensure compliance with the requirements of the ILO Convention N 186 concerning the rights of the crew of ships through the inspection of ships.