The problem of determining the meaning, place and role of judicial rulemaking in the domestic legal system has remained relevant for many years. There is no uniform approach to the issue of establishing the influence of judicial rulemaking on legislation. Based on the analysis of various points of view of legal theorists and judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author defines the concept of judicial rulemaking and direct and indirect impact of rulemaking of higher judicial instances on the legislative regulation. The paper examines the acts of judicial rulemaking containing a direct instruction to the legislative body concerning the need to amend the current regulatory framework and the acts that do not contain such an instruction, but regulating a certain sphere of public relations and eliminating defects in legislation. The author concludes that judicial rulemaking influences legislative regulation permanently, contributing to its harmonization, ensuring uniformity of understanding and application of legal norms, stability and unity of judicial practice. The practice of the higher courts is examined as an essential factor in improving legislation in general, as a basis for new legislative initiatives. It is pointed out that it is necessary to take into account acts of judicial rulemaking in developing draft laws, as well as to return the institute of addresses of the Constitutional Court of the Russian Federation. Further development of the national system of law, according to the author, is possible only with the establishment of a balance between rule-making activity of legislative and judicial bodies, as well as with the establishment of mechanisms for interaction between the two branches of government. 

The area of socio-economic relations is the most popular in the life of citizens. Thus, a person perceives every restriction of his socio-economic rights in a more sensitive way. The restriction itself, in the positive meaning of this term, is a consequence of the collision of different principles and values when it is necessary to solve any state tasks and issues of public administration. Restrictions exist both in law enforcement and law-making, while the problems of restrictions in lawmaking have become especially relevant in connection with the activities of the Constitutional Court of the Russian Federation and the European Court of Human Rights. Proportionality of restrictions on human rights and freedoms forms the most serious problem. The paper analyzes the practice of the Constitutional Court in assessing the proportionality of legislative restrictions on socio-economic rights and freedoms of citizens. Attention is drawn to the fact that not all aspects of these restrictions can be assessed by the Constitutional Court in terms of their compliance with the Constitution of the Russian Federation. Thus, as a legislative discretion, the court recognizes the establishment of quantitative criteria or economic indicators that are not correlated with the relevant constitutional provisions. In this case, the Constitutional Court and the European Court of Human Rights can only offer abstract tools that is advisable for the legislator to be guided in its lawmaking. The author concludes that the socio-economic sphere regulation should be based on the people’s trust in professional managers, which does not prevent them from exercising control over them and changing their team in case of insufficient realization of their socio-economic interests. 

The paper analyzes the control-supervisory and administrative practices of the Federal Service for Supervision in the Field of Education and Science (Rosobrnadzor of Russia) in relation to the activities of educational institutions of higher education. In the context of the review of verification measures, the paper provides an assessment of the current level, as well as the prospects for the effectiveness of the implementation of the regulatory concept of deregulation and reducing the administrative burden on controlled entities within the framework of the conceptual (main) provisions of the administrative reform. It is concluded that control and supervision activities in the field of education should be consistent with the principle of encouraging conscientious compliance by educational organizations with mandatory requirements. When forming the practice of sustainable conscientious behavior by educational organizations within the framework of their statutory activities, Rosobrnadzor has the opportunity to use incentive measures for such entities aimed at solving the tasks of ensuring the socioeconomic development of individual territories without reducing the quality of educational services provided by them. 

The author was faced with the task of studying the category of an interest in tax law, identifying signs of this phenomenon and finding forms of its interaction with tax law. The paper defines the concept of an interest as a conscious need with motivation for actions aimed at achieving the goal. From these positions, the approaches of other authors to the category of interest are analyzed, the forms of interaction between tax law and an interest are indicated: firstly, an interest can serve as a socio-legal basis for subjective law; secondly, legitimate interests may exist in tax law as a special technique of legal technique; thirdly, interests may not yet be recognized by a legislator, but they can be in need of such recognition. In the latter case, the task of the doctrine of tax law is to identify and propose legal forms of securing interests in legislation. Through the prism of these forms of interaction of tax law and interests, the author analyzes the norms of legislation on taxes and fees, in which the category of interest appears. 

The relevance of the study of the concept of a digital controller is predetermined by an active introduction of digital technologies into the control and supervisory activities of authorized bodies, which is expressed in the development of new technologies, the use of automated systems, artificial intelligence and other achievements. The use of digital technologies of various levels of complexity (gradually being introduced, breakthrough technologies and technologies of the near future) to increase the efficiency of the activities of control and supervisory authorities forms a new type of public financial control — digital public financial control that has a number of features, and, accordingly, is carried out by a specific entity. The entity exercising digital public financial control has new characteristics. The term a “digital controller” is new, there is no legal definition of it in the current legislation of the Russian Federation. Plans for the introduction of new digital technologies, especially artificial intelligence and robots, lead to discussions about their role in the legal relations that develop with their participation, that is, they lead to the development and analysis of the problem of attributing them either to objects or subjects. Thus, it seems appropriate to study the concept of “digital controller”, as well as its place in control and supervisory legal relations. At the present stage of development, we can confidently talk about the possibility of considering a digital controller in three aspects: as a control and supervisory authority, which is the subject of digital public financial control; employees of control and supervisory authorities working directly with digital systems; electronic persons, that is, artificial intelligence and robots as independent subjects. 

The author examines the risk of property losses for participants in remote investment transactions as a methodological basis for their civil law regulation. The author describes the risks inherent both to the recipients of investments and private investors when making these transactions in the info. The conclusion is substantiated that external and internal risks are characteristic of both credit institutions and other economic entities. If such a legal entity finds itself in the position of a recipient of investments, these risks in their actual implementation will prevent this entity from fulfilling its obligation to the investor in a timely and full manner. According to the author, all possible negative events eventually crystallize into a single risk that opposes the agreements with the investor that took place within the framework of the transaction — the risk of non-payment of the recipient of the investment. In this regard, the author presumes the property losses of the participants in the transaction and the avalanche-like reaction of conflict tension spreading along the chain of non-payments that can involve hundreds of subjects and destabilize not only the investment transactions, but also the transactions made under civil law as a whole. The methodology of civil law regulation of remote investment transactions should be based on the inevitability of the risk of property losses of participants in these transactions. The author of the paper makes proposals concerning formation and functioning of preventive legal mechanisms that minimize the negative impact of this risk. 

The authors attempt to analyze the use of pre-trial expert investigation through the prism of the norms of current legislation and law enforcement practice. Having studied the approaches available in judicial practice, the authors come to the reasoned conclusion that the results of pre-trial expert investigations (acts of expertise) submitted by the parties to the court in civil cases are given evidentiary value. At the same time, courts should take into account the evidentiary value of pre-trial investigations and decide in favour of conducting forensic examinations only if there is insufficient clarity or incompleteness of pre-trial expert investigation or in connection with doubts about the correctness or validity of the results of pre-trial investigations. Pre-trial psychophysiological investigations using a polygraph are not subject to this algorithm that can also have evidentiary value in a civil case (the article provides an example of such a procedural situation). However, they cannot currently use the appointment of a forensic psychophysiological examination using a polygraph as the second stage due to the lack of a uniform scientifically grounded methodology for conducting such a judicial examination. Meanwhile, as the authors believe, creation of such a scientifically based methodology for conducting a forensic psychophysiological examination is a matter of the nearest future. This is supported by the actively accumulated experience of using a polygraph in different countries (in particular, in the Republic of Lithuania). In view of the prospect of using a polygraph in the near future, the authors give examples of private law situations in which the use of a polygraph in civil cases could become expedient and help courts in making informed decisions.

The paper examines some problems of criminal law qualification of first aid — providing help in lifethreatening and health-threatening conditions before the provision of medical care by the individuals whose duties include providing such care. The author notes a significant imbalance in the coverage of this problem in comparison with studies on the topic of iatrogenic crime. The purpose of the paper is to identify the main problems of qualification of non-providing first aid by an individual obligated to provide such aid, as well as ways to solve them. Having studied a few scientific papers on this topic, having conducted a comprehensive analysis of domestic legislation, its historical, logical and linguistic interpretation, the author identified three main problems. The first problem is connected with the inclusion of the individuals who may and are obliged to provide first aid in the subject composition of Article 124 of the Criminal Code of the Russian Federation by many scholars (in addition to doctors): analysis of the logic of the development of domestic criminal and other legislation indicates the depravity of such a point of view. The second problem is related to the terminological disparity in the Russian law: to designate the duties of individuals who may and are obliged to provide first aid, various terms are used (“provide”, “ensure”, “take measures”). All these terms contain different scope of such obligations, which directly affects the criminal law qualification. To demonstrate this fact, an analysis of judicial practice for the period from 2010 to the 2020s was carried out, which made it possible to identify a third problem: unjustified imputation by the courts of failure to provide first aid. As their solution, in addition to organizational measures aimed at improving the skills of first aid subjects, courts and investigative bodies, the author proposes amendments to Article 124 of the Criminal Code of the Russian Federation and the universalization of the norms of Russian law concerning first aid. 

The paper discusses the extension of judicial control at the special stages of a criminal procedure in case the defendant violates the plea agreement being a cassation and supervisory basis for the cancellation of the verdict that has entered into legal force. The author reveals obvious conceptual and legal-technical contradictions of the mentioned ground for the current procedural forms of criminal cassation and supervision and the resulting inability of the relevant verification stages to implement the problematic ground. In addition to the instrumental errors of the considered grounds for reversing the judgment that has entered into force, attention is drawn to its contradictions with the European standards of res judicata and non bis in idem in the sense given by the law enforcement practice of the European Court of Human Rights. The author proposes options for resolving the identified problems, filling the uncertainty of legal regulation by referring to the institutions of criminal and criminal procedural law. In order to achieve the aims related to the control over conscientious fulfillment of the terms of a plea agreement set by the legislator, it is proposed to consider the violation of such an agreement by the defender as a newly discovered circumstance. This option will optimize the procedural order of proceedings on court decisions that have entered into legal force, keep it away from technical and conceptual contradictions, and ensure the proper fulfillment of its international legal obligations by the Russian Federation. 

Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of international law continue to discuss the law governing the activities of the World Trade Organization (WTO). WTO law is a set of agreements and annexes to them, protocols of accession, decisions of WTO bodies, which allows us to consider it a special treaty regime within the framework of international law. WTO law is not isolated, as it is implemented in accordance with the 1969 Vienna Convention on the Law of Treaties. This paper attempts to determine the place of WTO law in international law. 

Digital rights are increasingly becoming the subject of legal research. At the same time, from a practical point of view, research in the field of legal regulation of utilitarian digital rights is of greatest interest since it is this type of asset that is most often issued in ICO. Given tokens is a cross-border phenomenon and, as a rule, tokens are freely available to foreign investors, it is crucial that legal regulation of this area be considered in terms of private international law. For example, it is interesting that utilitarian digital rights have different names and legal content in different jurisdictions. Therefore, the definition of the applicable law plays a significant role in the legal regulation of cross-border circulation of utilitarian digital rights. In this paper, the author considers existing approaches to determining the legal nature of utilitarian digital rights, and develops an algorithm for determining the law applicable to transactions with utilitarian digital rights, taking into account various legal factors. 

The paper discusses one of the most interesting institutions of Israeli family law, namely, the institution of judicial dissolution of marriage. The specificity of this institution lies in the fact that divorce proceedings are carried out by religious courts that have been operating for more than one century. In the State of Israel, along with the system of religious courts, a special, non-denominational court of general jurisdiction, called the Family Court, has been established and operated. The jurisdiction of this Court includes consideration and resolution of issues related to guardianship of minors and incapacitated individuals, that is, all those cases that arise as a result of the dissolution of marriage. At the same time, the issues of confirming the existence of marital relations and their termination are assigned to the exclusive jurisdiction of religious courts. If the spouses, by their religion, belong to Judaism or Islam, dissolution of a marriage is only possible by a decision of a religious court. The dissolution of a marriage between spouses belonging to Christianity is carried out in the general civil Family Court that operates under a specially developed law with respect to cases that are deemed special for Israel. Family matters, including the dissolution of marriages, in the Druze religious community are dealt with by a special judicial instance, the Druze court that differs from the courts of general jurisdiction. 

Judicial control is understood as control over the compliance of the activities and decisions of law
enforcement agencies and officials with the requirements established by law. The legal procedure for exercising
judicial control in the Russian Federation has been criticized. Since 2015, Russia has seen intensification of a discussion
about the establishment of a special subject, namely an investigating judge who would exercise judicial control
over pre-trial proceedings. Some states have experience in exercising judicial control over pre-trial proceedings by
investigating judges. One of these states is the Republic of Moldova. The paper presents the results of the study
of the regulatory model of the institution of judicial control over pre-trial proceedings in the Republic of Moldova.
The purpose of the work is to study the evolution of the institution of judicial control in the Republic of Moldova. To
achieve the formulated goal, it is necessary to solve the following tasks: 1) to determine the concept and appointment
of a judge for criminal prosecution; 2) to highlight the stages of development of judicial control over pre-trial
proceedings in Moldova; 3) to designate the range of basic powers of a judge in criminal prosecution. Historicaldiachronic, logical-dogmatic and comparative-legal methods are used in the research. An analysis of the regulatory
provisions concerning the implementation of judicial control over pre-trial proceedings allows us to conclude that
it is sufficiently elaborated in the criminal procedure legislation of the Republic of Moldova. The advantages of the
institution under study are: the establishment of a special entity exercising judicial control over pre-trial proceedings;
systemic regulation of his powers; lack of duplication of norms; consistent adjustment of the institution.

The subject of the study is the legal norms governing the work of the prosecutor’s office with the public amid modern conditions. The object of the study is the totality of social relations that are developing in the field of interaction between the prosecutor’s office and the public in remote forms. The author scrutinizes the problems of coordinating the activities of the prosecutor’s office with the public using digital technologies. In particular, attention is given to such issues as consideration and resolution of electronic applications, complaints and other appeals of the public to the prosecution authorities, supervisory activities using prosecutorial response measures, as well as the problem of creating conditions for secure information interaction in the digital environment. The author concludes that it is necessary to constantly develop and improve the prosecutors’ skills, improve their literacy in the field of computer technology and information security. It is required to adopt a regulatory legal act that would regulate not only the procedure, but also the technical requirements for the software of the websites of the authorities in terms of receiving electronic applications, including in the bodies and organizations of the Prosecutor’s Office of the Russian Federation. 

The paper is devoted to the principles of organization and activities of the Prosecutor’s Office of the Russian Federation. The author analyzes the views of leading representatives of the legal scientific community on this legal category as the foundation for building legislation on the prosecutor’s office, and notes the high debatability of the issues of the functional structure and purpose of the national prosecutor’s office in the Russian state. Concluding about the insufficiently complete development of the principles of organization and activities of the prosecutor’s office, the author formulates a new principle, which is proposed to be called the principle of multifunctionality. The author studies multifunctionality as a key feature of the domestic prosecutor’s office and as a relatively independent legal phenomenon. The consolidation of the multifunctionality of the prosecutor’s office in the Constitution of the Russian Federation and in the Federal Law “On the Prosecutor’s Office of the Russian Federation” is analyzed. The author concludes that the formulated provision on the multifunctionality of the Russian prosecutor’s office fully complies with the features of the sectoral principle of organization and activities of the prosecutor’s office. 

The need to improve the quality of dissertation research requires establishing effective legal instruments to fight plagiarism. It is of particular relevance in the light of the reform of the state scientific certification system aimed at providing more freedom to leading scientific organizations in awarding academic degrees. The study is devoted to identifying problems that arise in implementation of the existing tools to fight plagiarism, finding ways to eliminate them, as well as analyzing the best practices of organizations that independently award academic degrees. First, plagiarism counteraction is ensured by fixing the requirements for independent preparation of a dissertation and inadmissibility of using materials without reference to the author or other sources. According to the new model of state scientific certification, some organizations fix both the supporting nature of checking for plagiarism through special programs and the need for an expert review of the report. It is advisable to use the threshold values for the originality of the text based on the results of automated verification as a necessary condition at the stage of preparation by the organization of the conclusion on the dissertation. Detailed regulation of the procedure for checking research on the amount of plagiarism ensures transparency and increases the efficiency of certification procedures, and helps protect the rights of applicants. All applied forms of peer review and control of dissertation research are aimed, among other things, at fighting plagiarism. The well-established practice of posting dissertations, abstracts, information about persons involved in certification procedures on the Internet, information about facts of plagiarism found in the texts of dissertations, as well as a ban on re-defending such dissertations, should be recognized as a special tool for fighting plagiarism.