IN MEMORY OF D. A. KERIMOV
This article is dedicated to the role of the scientific views of one of the outstanding Soviet (Russian) legal scholars, a specialist in the field of philosophy of law, theory of state and law, corresponding member of the Russian Academy of Sciences (RAS), Doctor of Law, Professor Dzhangir Abbasovich Kerimov. This article analyses the role of legal science in the development of Russian law, its position in the system of Russian jurisprudence. D.A. Kerimov, back in the 70s of the last century, defended the point of view that an integrated approach to scientific research in the sense that a lawyer is obliged to understand not only legal issues proper, but also “keep in mind” objective factors (including historical conditions for the development and adoption of a particular rule of law, its tasks and goals) for which it is necessary to study related disciplines, primarily the human sciences. The author notes the special value of the definitions of jurisprudence and law formulated by D. A. Kerimov. It was D. A. Kerimov, according to the author, who brought the controversial issues of legal science to a new level of discussion.
THEORY AND HISTORY OF STATE AND LAW
This article examines exclusivity and inclusiveness in law. The polyaspect nature of their meaning allows us to present various aspects of legal regulation through the dialectical nature of its method, individual legal regimes and a system of principles. Based on domestic and foreign sources, the authors reveal the interdependencies that exist between them. The material for the study was domestic and foreign legislation, the works of foreign researchers in the field of private and public law, as well as philosophy and theory of law. The methodological basis of the study was made up of general scientific and specific scientific methods, such as the dialectical method, analysis and synthesis, deduction and induction, comparative legal and historical-legal methods, and a systems approach. The conducted study, the results of which are presented in this article, made it possible to substantiate the need for a comprehensive consideration of exclusivity and inclusiveness, which are in dialectical unity, determining the nature of legal regulation of individual groups of social relations. The corresponding conclusions seem relevant in relation to both Russian and foreign legal systems. Exclusivity allows for the legal individualization of individual objects of subjective rights and the legal status of subjects of law. The rationale for objective exclusivity is the incentive for the subject (subjects) of law to bear the costs associated with specific property in the expectation of subsequent benefits from independent ownership, use and disposal of it, not only fully recouping all the costs incurred, but also allowing them to increase their level of well-being. Subjective exclusivity serves to differentiate collective subjects of law. In turn, inclusivity provides the opportunity to legally justify the joint ownership, disposal and use of individual types of property, the exercise of powers.
The article identifies and examines the norms of the Constitution of the Russian Federation on ensuring sovereignty, suggests the author’s ideas for protecting the country’s sovereignty in the face of pressure on the traditional socio-cultural values of the peoples of Russia, NATO’s advance to the East and the entry of Finland and Sweden into this military-political bloc. It is concluded that constitutional protection against threats and protection of state sovereignty should not harm Russia's international cooperation. Some author’s concepts and proposals are proposed to modernize the constitutional mechanism of protection from external threats and to ensure state sovereignty in modern conditions, including the development of a new draft Constitution of Russia, taking into account modern Russian realities and progressive foreign experience. The author concludes that Russia needs a new concept of state security and migration policy. In particular, the Constitution of Russia needs to be modernized in accordance with new realities, paying attention to the dignity, standard and quality of life of citizens; it is the norms of the Constitution that should act as a new basis for protecting the state from external threats.
The focus of the study is the work of an outstanding historian, one of the brightest political figures of the Renaissance, Francesco Guicciardini. Unfortunately, for a long time, due attention to his literary heritage was absent. However, even after the publication of the works, the author's judgments were not perceived unambiguously, in some cases they were recognized as devoid of any scientific merit, they were subjected to rather harsh, although, in our opinion, not deserved criticism. Most likely, this attitude is explained by the fact that the syllable and style of Guicciardini's works are somewhat unusual for perception and make it difficult to correctly understand the ideas and approaches he proposed. Since the XIX century, scientists have shown interest in the person and work of the Florentine politician and were able to appreciate his views. An analysis of individual works showed that Guicciardini, although he was a republican, nevertheless saw many significant shortcomings in popular rule and for this reason considered the establishment of a dictatorship - in the event of a serious threat to society as a whole. In his opinion, each form of government has its own advantages and inherent flaws. There is neither an ideal form of government, nor an ideal state structure, nor an ideal ruler. At the same time, people who have gained access to power to one degree or another need to take all possible measures and means to improve the mechanism of the state and public order. If everyone works for the good of society, then the state will have significant strength and authority.
The article examines the legislative experiment in Russia and Western Europe. The importance of the experiment as a method is noted. The views of lawyers on the definition of experiment in legislation are given. The classification of legal experiments is analyzed. In this context, special attention is paid to pilot projects and the regulatory sandbox. The relevance of the study lies in an attempt to analyze the positive aspects of legislative experimentation in France. In the course of the research, a set of methods of a philosophical, general scientific and private scientific nature was used. The use of historical, comparative legal, formal legal, systemic and structural methods made it possible to consider the problems of legislative experiment from the point of view of its development and forecasting as a tool of legal policy. The novelty of the research consists in an attempt to analyze the problems of legal experiment in a comparative analysis of the experience of different states. Such specificity of the experimental law as limitation in time and space is considered. The author makes suggestions on using the public response to the experimental law and using the French experience in generalizing experimental legislation. The article draws conclusions about the legislative experiment as a means of learning necessary for the approbation of legislation, taking into account the planning of legislative activity. The conclusion is formulated that experimental lawmaking contributes to understanding which social relations need to be regulated by the rule of law.
The article uses the methodology of comparative legal studies to study ancient Slavic chiefdoms that emerged in the early Middle Ages in the 7th–10th centuries AD. The author takes a critical approach to the Marxist model of military democracy used in the Soviet period to characterize the highest stage of decomposition of the primitive communal system, proving the need to use in modern domestic theoretical and historical-legal science the definition of a chiefdom that does not yet know class antagonisms, but already uses military force to organize military raids for the purpose of economic enrichment and gaining authority among fellow tribesmen. Further, the article consistently analyzes such archaic chiefdoms as the State of Samo, Great Moravia, tribal unions of the Bodrichi, Lyutichi and Pomor Slavs. Considering the politogenesis of the State of Samo, the author proves its Slavic origin, as opposed to the Frankish and Romano-Gallic theories. In addition, the article claims that Slavic societies had a three-tiered territorial-political structure of governance, consisting of zemstvo communities, tribes and tribal unions united under the leadership of a single military leader. The author proves that it was precisely under the conditions of chiefdom that a free population could exist, which was in a relationship of consensual equality with the grand ducal power. Public service was perceived by the people as a social duty, so the princely administration was maintained by voluntary donations or court fines. Chiefdom was the predecessor of the state organization for the Slavic peoples in the early Middle Ages.
In the era of the 19th century, the search for national self-determination through interdisciplinary research at the intersection of philosophy, mathematics, theology revealed various cultural and historical types. In the process of interdisciplinary interaction of theological and philosophical, moral and ethical and, in particular, mathematical sciences, there was a search for integrative knowledge - an original philosophical system of integral knowledge, a contribution to the development of which was made by the early Slavophiles and representatives of the Moscow philosophical mathematical school. The ideas, mainly those of A. S. Khomyakov, were subsequently developed by representatives of the original Moscow philosophical mathematical school, who became the exponents of one of the triads of the early Slavophiles, namely: "Faith, knowledge, experience." This allowed us to look at the essence of law as a phenomenon of a transcendental nature, which is characterized, on the one hand, by the beginnings of an irrational world order, and on the other, by transcendental ideas of the eternal search for truth, justice and legality. It was the combination of the national Slavic worldview with the achievements of fundamental science that allowed the early Slavophiles to describe the foundations of legal culture and legal consciousness of the Russian people with the help of theological and legal constructions. The author also believes that the Slavophile philosophy of law forms the basis of legal Slavistics, which is being revived in modern Russia.
DIGITAL TECHNOLOGY AND LAW
In the context of the digital economy, the financial sector and money are undergoing rapid changes, which entails the transformation of their legal regulation. Changes occur not only in the forms of payments and banking models, but also in the payment instruments themselves. In order to ensure safe and stable money circulation, as well as high-quality legal regulation, it is necessary to clearly distinguish between the concepts of official and unofficial payment instruments. The digital transformation of the economy has led to the emergence of a new type of currency as a means of payment. The definition of electronic money, enshrined in Russian legislation, differs from those definitions that are used in international practice. Significant changes in money circulation are associated with the development of a distributed ledger system, which has led to the emergence of numerous private digital currencies and opened up new opportunities to increase transparency and control in the banking sector. Russian legislation classifies money transfers as forms of non-cash payments, but does not specify in what form electronic money itself exists. Based on the analysis of the characteristics of electronic money, their legal nature is justified. Electronic money should be considered as a kind of non-cash funds, where the right of claim arises not under a bank account agreement, but under an agreement on the issue and use of a bank card. It is substantiated that non-cash money is an object of absolute legal relations and intangible property. Non-cash money is a special absolute right.
The article examines the issues of the influence of the technological component of the information revolution on socio-economic formations, with the change of which various types of technological structures are formed. The concepts of information and digital revolutions are analyzed, their common and distinctive features are highlighted. The influence of digital technologies on both the legal system and the legal system as a whole is considered, using the example of some branches of law. The probable consequences of the transformation of law, both positive and negative, are studied, mainly related to the risks of mass unemployment, inequality in access to information technologies themselves, the high probability of using technologies for criminal purposes, the possible increase in public distrust and discontent of the population towards authorities in connection with corruption and the erosion of legislation. The author notes that the most dramatic consequence of the information and digital revolution may be the lagging of the legal and political systems of the state from technological development, since their institutions may be unable to consciously and effectively manage in the conditions of a new digital reality, regulate issues related to synthetic biology, artificial intelligence, human improvement, in terms of legislative and law enforcement activities.
The article examines advanced digital technologies integrated into the agricultural sector of the economy. The use of new digital technologies will inevitably contribute to ensuring food and environmental security in agriculture. Legal support for the digital transformation of the agricultural sector in the modern period is experiencing the stage of the beginning of the formation of new legal concepts in solving new problems and challenges. The subject of the study is the content, structure and features of legal norms in the field of application of digital technologies in the agricultural sector of the economy. The purpose of the study is to analyze the problems of digital transformation in agriculture, as well as to develop proposals for improving the current legislation. When writing the article, general scientific research methods were used, including the method of comparison, analysis, and legal research methods. These methods include the method of comparative analysis, which makes it possible to detect contradictions in various phenomena, as well as the analytical method, which contributes to the understanding and detailed consideration of the object under study. The article uses specialized methods, including the universal legal method, which opens the way to the study of legislation through the prism of its universality and the universality of legal institutions, which makes it possible to assess the legality in the light of generally accepted legal foundations and rules. New legal approaches are proposed in the field of legal support for the introduction of new digital and information technologies in agriculture and environmental safety of agricultural production. Attention is drawn to the need to develop digital skills and competencies of agricultural specialists. A conclusion is made about the possibility of introducing digital technologies in agriculture aimed at improving the organization of the technological process, quality control of agricultural products, and ensuring the environmental safety of agricultural production.
In the digital age, legally significant communications are increasingly taking place in electronic formats, yet current laws lack clear rules governing their validity and enforceability. This regulatory gap creates uncertainty and undermines trust in digital transactions. To address this, legislators should establish explicit requirements for various digital communication forms that are no stricter than those for traditional contracts. Enshrining clear standards would simplify enforcement, boost confidence in digital technologies, and facilitate smoother business operations. However, regulators must also grapple with emerging challenges like exploiting user data to algorithmically predict and influence human behavior. Unchecked, such manipulative practices could erode autonomy and societal trust. Adaptive regulatory frameworks are needed to safeguard cognitive liberty while still allowing digital innovation to flourish. By fortifying legal certainty around digital acts while protecting against insidious behavior modification, lawmakers can cultivate an environment conducive to responsible technological progress aligned with human values and liberties. The subject of the study is the specifics of the implementation of the principle of autonomy of the will of the parties in civil relations in connection with the use of digital technologies. The methodological basis of the research is the general scientific methods of cognition: dialectical, logical, as well as special: comparative legal, method of system analysis, sociological, formal legal, statistical. The scientific novelty lies in the author's attempt to rethink the universal understanding of the concept of interests and closely related will in the context of legal theory, taking into account the widespread use of digital technologies, including in order to simplify law enforcement practice, as well as increase the confidence of participants in civil relations in the use of digital technologies, which can also accelerate and simplify business turnover.
CIVIL LAW
The article is devoted to the analysis of errors and contradictions in the law. The work talks about the ambiguities (contradictions) of the norms of the Civil Code of the Russian Federation. The authors come to the conclusion that this may be due to errors or inaccuracies made during the development of the normative act. The article examines obvious and hidden errors. It is emphasized that obvious errors do not require the use of any special methods of interpretation, with the exception of grammatical ones. The article examines in detail issues related to latent errors or contradictions using the example of civil law norms and their consequences. The methodological basis of the study was formed by modern general scientific and special methods of scientific knowledge. The system method allowed to study complex issues of errors and contradictions on the example of the norms of the Civil Code of the Russian Federation in the unity of their social content and legal form. To study the features of errors and contradictions in the law, the following methods were used: analysis, deduction.
The article examines the issues of the necessity of observing the principles of legality and good faith in property relations regulated by civil law, both in property and in corporate and contractual legal relations. The importance and necessity of observing these principles is also proved when resolving civil disputes both in pre-trial and judicial proceedings. In general, the importance of penetrating these principles into all aspects of private law is substantiated, especially into the theory and practice of civil law, its sub-branches and institutions. In general, the importance of the penetration of these principles into all aspects of private law, especially into the theory and practice of civil law, its sub-branches and institutions, is substantiated. According to the author, the categories of legality and good faith are one of the basic categories and fundamental principles in the regulation of civil law relations. The author notes that both judicial authorities and non-judicial conciliators always proceed from the fact that the parties initially acted lawfully and in good faith at the conclusion of the transaction, while the party that does not agree with this is obliged to prove the bad faith, and in some cases the illegality of the actions of the other party. That is why the article argues that when resolving property and other disputes, it is important to establish how lawfully and in good faith one or the other side of the legal relationship acted.
The article reveals a number of controversial issues today – about the dependence (or independence) of the property or non-property nature of subjective civil law from its object; about the possibility of classifying corporate and inheritance rights as property rights. The author pays special attention to the analysis of digital rights, which are included by the legislator in the list of objects of civil rights as part of property rights. As a result of the conducted research, the author came to the following conclusions. The choice of a particular right depends not only on the properties and legal characteristics of its object, but in many ways the choice of law is determined by the nature of the need (interest) of the legal entity: for example, if it is a question of protecting the rights of the author of the result of intellectual activity, it is obvious that such an interest is personal, and therefore formalized by personal non-property law with its own legal regime. At the same time, the property interest of the copyright holder is realized and protected in the regime of property rights. The author supports the doctrinal position on the legal nature of digital rights as a way of securing (certifying) property rights. As a result, the modern system of property rights in civil law can be represented (with certain restrictions) by property, obligation, corporate and inheritance rights.
The article presents problematic issues of civil law regulation of compulsory insurance contracts for civil liability of vehicle owners under Russian law, taking into account current international rules and national legislation of economically developed countries, which include the Russian Federation, which has been successfully developing this type of insurance for more than twenty years. The goals and objectives of concluding compulsory civil liability insurance contracts for vehicle owners are defined, as well as the basic procedure and rules for their legislative regulation at the national level of states; the legal status of the policyholder, the insurer and the victim is analyzed; contractual and non-contractual (tort) liability arising from harm; the concepts of a vehicle and fault tort liability; the main elements the occurrence of civil liability; the procedure for compensation for damage; types of compensation payments for the specified type of contracts and the incorrectness of using the term “compensation” in relation to life and health insurance of individuals. The legal characteristics of the contract of compulsory insurance of civil liability of vehicle owners are given. 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 research lies in the identification and determination by the author of the legal nature of compensation for damage under the contract of compulsory civil liability insurance of vehicle owners, as well as the main types of coverage included in it and the fundamental problems that are solved with the help of such a contract.
The subject of this study is the state of the mechanism of legal regulation of social relations currently developing regarding the implementation of contractual structures of work and provision of services for a fee. For this purpose, the study uses both general scientific (synthesis, analysis, induction) and private legal (formal legal, comparative legal) methods. In particular, to achieve the goals set in the study, a set of regulatory legal acts regulating individual conditions for concluding contracts for work and services depending on the specifics of the legal status of the parties was studied, and an overview of individual norms from these documents was given. It is noted that the main right of the contractor or performer is the right to receive payment for the fulfilled obligation, and the obligation is conditioned by the essence of the emerging legal relations. At the same time, the main obligation imposed on the customer is to pay remuneration to the contractor or performer, simultaneously with which, within the framework of the contract, the customer also has the obligation to accept the result of the work. The study notes that the rights of the customer are practically not disclosed within the framework of the provision of paid services, and the only right is designated unilateral refusal to perform the contract. The novelty of the study lies in the critical review of individual provisions of the acts of the current civil legislation, the possibility of their effective implementation in practice. The study proposes directions and solutions for improving the legislation on the features of the form of contracts, conditions for recognizing the validity of contracts for work and paid provision of services.
In recent years, cloud technologies have become an integral part of everyday life. These technologies offer a wide range of opportunities for users, reducing both time and financial costs. At the same time, cloud technologies contribute to the development of the sharing economy, which necessitates an understanding of their legal regulation. This article is dedicated to analyzing the civil law aspects of the use of cloud technologies, including the legal status of key participants such as cloud providers, users, and intellectual property rights holders. The focus is on various contractual structures mediating these relations: service contracts, licensing agreements, and mixed contracts. The main types of interactions between participants in these legal relationships are identified. Cloud providers offer access to resources hosted on their servers, allowing users to work remotely with data and software products. Users of cloud technologies, in turn, use the services provided by the providers for processing and storing information. Intellectual property rights holders, such as software developers or content creators, enter into licensing agreements with cloud providers (and, in some cases, with users), who provide their services to end users. Special attention is given to the legal status of cloud technology providers.
The improvement of legislation and law enforcement practice in the field of intellectual property makes the research in this direction relevant. This is confirmed by the growing number of trademark applications. In these circumstances, it is important to identify the most optimal strategies for trademark registration, avoiding unnecessary delays in the process. This study reveals the key problems arising in the registration of trademarks related to the presence of unprotected elements and their impediment to registration. The subject of the study is the analysis of law enforcement practice of the Chamber of Patent Disputes in terms of application of subparagraphs 1–2 of paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation. The object of the study is legal relations arising in relation to the legal protection of trade marks. Methodology. The methodological basis of the research consists of both general scientific and legal methods. General scientific methods, in particular, include comparison, abstraction, analysis and synthesis, analogy. Legal methods include formal-legal and comparative-legal methods. Keywords: trademark, means of individualisation, intellectual property, designation, grounds for refusal, non-protectability, distinctiveness, unprotected elements. The results of this work are: analysed the decisions of the Chamber for Patent Disputes, issued on the basis of the conclusions of the Board of the Chamber for Patent Disputes on the objections of applicants and interested parties in the conditions of refusal of registration as a trademark on the grounds of subparagraphs 1–2 of paragraph 1 of Art. 1483 of the Civil Code of the Russian Federation or on the impossibility of legal protection of such trademarks. General recommendations are also offered to prevent problematic situations identified in the course of analysing specific decisions of the Chamber of Patent Disputes. In practice, there is no uniformity in the application of the provisions of subparagraphs 1–2 of paragraph 1 of Article 1483 of the Civil Code of the Russian Federation, as each case is of a different nature. In addition, there is no reason to assume that certain decisions are made under comparable factual circumstances, thus the decision on each individual trademark is made on the basis of all the circumstances and documents relating to the application under consideration. Thus, this paper may serve as a practical guide for those persons who have expressed a desire to file for registration of their trademark and want to avoid problems caused by the difficulty of understanding the grounds under subparagraphs 1–2, paragraph 1, Article 1483 of the Civil Code of the Russian Federation.
The article examines the regulatory legal acts regulating the construction of infrastructure for various types of light rail transport in the Russian Federation. The development of light rail transport as a more budget-friendly alternative to the metro and the railway is a global trend, including the Russian Federation. The efficiency of the system is significantly influenced by the technological solutions used in its construction. This paper identifies negative aspects in the legal regulation of light rail transport in the Russian Federation. Proposals for improving legislation are the subject of subsequent scientific research in this area. Logical, comparative, empirical, analytical, historical-legal, descriptive and other methods were used as the main methods of cognition during the research. The scientific novelty of the study is the following conclusion: one of the key problems of Russian legal regulation is the lack of legislative consolidation at the conceptual level of some varieties of light rail transport, as well as the lack of modern technological solutions provided by law, as well as the insufficiency of standardized regulation of such transport systems.
ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС
The article analyzes the constitutional foundations of justice in Russia. According to the authors, the basis of the rule of law is the observance and protection of human rights. And one of the guarantees of such protection is justice. Judicial protection is carried out by the judicial system on the basis of the principles of the administration of justice provided for by constitutional norms. Representing the main provisions that reflect the most important characteristics of the court's activities, the principles of justice have their own special purpose and content. These principles are interrelated and form a special system; if one of them is violated, the others are very likely to be violated. Therefore, strict observance of the principles of justice is extremely important. The article focuses on the relevance of the modern understanding and practical application of the principles of justice. In addition, the need for higher legal consolidation of such principles is justified. Their importance, according to the authors, is due to the special role that the court plays in a modern state governed by the rule of law. In particular, the authors investigated the principles of legality, the binding nature of judicial decisions, the exercise of justice only by the court, the independence of judges, the inviolability of judges, the irremovability of judges, competitiveness and equality of the parties, etc.
The scientific article is devoted to the analysis of legal regulation and practice of implementation of areas of interaction between customs authorities and judicial authorities. In particular, the following areas are highlighted and analyzed in the work: 1) verification of the legality of normative legal acts, decisions, actions (inaction) of customs authorities and their officials; 2) representation of customs authorities in court; 3) judicial examination; 4) execution of judicial acts by customs authorities. Within the framework of the first direction, the legal regulation, content and practice of judicial control over the activities of customs authorities, which is carried out in the process of considering claims against customs authorities, appealing illegal acts, decisions, actions (inaction) of customs authorities and their officials, are analyzed. In the field of the second direction, the activities of customs authorities as representatives of the state, who can file a corresponding claim on behalf of the Russian Federation or represent the interests of the state as a defendant, are studied. In addition, the direction related to the transfer of an administrative or criminal case (indictment) to the court has been investigated. The third direction – forensic examinations are of great importance in the investigation of customs crimes, since they objectively consolidate evidence that can only be obtained by expert means. Within the framework of the fourth direction, the execution by customs authorities of judicial acts on claims against the Russian Federation is described, carried out in accordance with the procedure and deadlines defined by the Budget Code of the Russian Federation.
CRIMINAL PROCEEDINGS
The article examines the novelties of the Institute of termination of criminal prosecution in modern criminal process in Russia. It is noted that the appearance of these solutions was quite expected, and their social conditionality and practical significance are undoubted. These legislative changes should be considered encouraging, being the next step in the humanization of domestic criminal law and legal procedure. However, despite the importance and timeliness of the analyzed changes, attention is drawn to the ambiguity and insufficiency of their settlement. It is pointed out that there is a clear imbalance in the rights of the victim in comparison with the rights of the persons in respect of whom the analyzed decisions are made. Based on the position of law enforcement officers and authors of individual publications on this topic, author’s approaches to solving the problems considered in the article are proposed, aimed at further improving the procedures established by the legislator for implementing the provisions of paragraphs 3, Part 1 of Articles 208 and 28 of the Criminal Procedure Code of the Russian Federation in practice.
The article presents the results of a study of the historical conditions, causes and prerequisites for the emergence of prosecutor’s offices in Russia, their formation and development, conducted on the basis of the use of methods of retrospective cognition and generalization of scientific sources. The subject and purpose of the study was to consider the evolution of the activities of the prosecutor’s office in the context of extending their supervisory function to the sphere of criminal proceedings in domestic practice. The use of the method of comparative historical analysis made it possible to conduct a retrospective review of the legislative framework of various historical periods, in connection with which the authors analyze the main legislative acts of the Russian Empire, Soviet and modern Russia regulating the powers of these bodies in the criminal law sphere, based on the legal regime in force in the state. A progressive trend has been noted in improving the legal framework for ensuring prosecutorial supervision of preliminary investigation bodies. The theoretical significance of the study lies in substantiating the conclusion that throughout the entire historical formation of the institution of the Prosecutor’s office, there was a general tendency to consolidate and strengthen the prosecutor's supervision of the procedural activities of the preliminary investigation bodies, the essence of which, as a guarantor of the legality of this activity, has been and remains unchanged at the present time.
INTERNATIONAL LAW
The article attempts to study the specifics of the implementation of international treaties and the problem of fragmentation of international law. The impact of international law on national law is carried out through various mechanisms and procedures within each State. These mechanisms and procedures make it possible to bring national legislation into line with international norms and obligations. Without such coordination of international and national law, the effective implementation of international obligations becomes difficult. The research methodology uses general scientific research methods - historical and logical, analysis and synthesis; private scientific methods - logical-formal, comparative-legal, system analysis. The purpose of the study is to identify the specifics of the implementation of international treaties and the problems of fragmentation of international law. It is concluded that the mechanism of implementation of international treaties on the national territory depends on the internal legal order of each state. In most cases, for the implementation of an international treaty, national legislation must be consistent with its provisions. The specific procedures and formalities may vary depending on the domestic legislation of each State. Preventing fragmentation in the field of international law is a difficult task due to the need to achieve coordination and establish cooperation between international courts, relevant national structures, as well as States. This process requires an integrated and interrelated approach aimed at ensuring uniformity and consistency in the application of international legal norms. To achieve this goal, measures such as strengthening coordination and information exchange between different bodies, using stable norms and precedents, and maintaining an open and constructive dialogue between them can be taken.