The study is devoted to practical and theoretical aspects of legal institutionalization of discretionary powers of authorities involved in legal activities. The author investigates the concept of legal institutionalization within the framework of the theory of institutionalism applied as a methodological basis for better understanding  of the systemic legal nature of the institutions of law. The paper also deals with conceptualization of a general legal status as an institution of discretionary powers. The systematic approach and modelling method allowed the author to go beyond the sectoral interpretation of the institutions of law and to update the concept of the general legal model of their perceptions at the level of systemic links between the normative legal prescriptions under national and international law. In the context of the doctrine of legal technique, the author has determined the technical and legal potential of legal institutionalization of discretionary powers of authorities involved in legal activities. The author has substantiated the conclusion that the general legal status of the institution of discretionary powers is based on the uniformity of technical and legal constructions of normative legal prescriptions of abstract general and relatively certain rules and principles of substantive and procedural law. 

The quality and level of development of legal consciousness of an advocate predetermines the degree of protection of human rights and freedoms, as well as the state of law and legal order. Taking into account the above, the struggle against manifestations of deformation of professional and legal consciousness is an urgent  problem of building a rule-of-law state. Prevention and elimination of professional deformation of the advocate is impossible without establishing the reasons for its occurrence. The paper is devoted to the study of the essence of deformation of legal consciousness of the advocate, identification of external and internal factors contributing to its appearance, as well as investigation of the reasons of formation of this negative phenomenon of legal reality manifested in advocates’ work. It is noted that the circumstances leading to distortions of professional legal consciousness affect all the representatives of the legal community equally or almost equally, but only a smaller portion of legal professionals violate legal norms and corporate ethics. A legitimate question arises concerning the reasons why these “anomalies” of the structure of legal consciousness appear in some cases and do not appear in the others. Based on general methods of cognition and such private scientific methods as empirical and comparative legal methods, the author draws the following conclusion: moral degrading of an individual becomes the “trigger” of professional deformation of both a lawyer and any other person. The moral structure of the individual includes individually formed ideas about conscience, shame, justice, measure of the allowable, etc.

The paper carries out a comparative analysis of views on the concept and legal nature of legal principles. The author emphasizes the importance of the principles for the regulation of proceedings held in administrative cases. The author draws attention to the absence in the legal science of a unified approach to understanding the essence of principles, describes the shortcomings of individual approaches. The paper justifies the author’s view with regard to the terminological definition of the concept of the principles of the administrative proceedings, the legal nature of the principles. The author provides the reader with the definition of the concept of the principles of administrative proceedings, highlights their characteristic features in the administrative and jurisdictional process. It is concluded that the regulating effect of the requirements contained in the principles of the administrative proceedings depends on the existence of established procedural guarantees of implementation of these principles in the process of bringing to administrative responsibility.

The paper is devoted to the new legal concept, namely, the concept of a financial commissioner: his place and role in the system of consumer protection, basic prerequisites of creation and basic principles of his or her work. The author focuses on the foundations of the public legal status of the financial commissioner, the criteria for attributing disputes to his jurisdiction and the procedure for their consideration. The author has investigated the mechanisms applied to ensure independence, impartiality of decision-making, increase of access to justice for citizens, as well as tools to stimulate pro-consumer behavior of the financial market participants. The paper examines the mechanisms underlining the new legal regulation balancing the public interest of consumer protection with the private interests of citizens and financial organizations participating in the processes under consideration. The paper provides the analysis of the first results of enforcement and evaluates the trends. Based on statistics, it is concluded that for citizens the process of resolving disputes with a financial organization has become easier, more accessible and faster. As for changes and adjustments in the behavior of market participants, it is too early to talk about reliable data. However, the data show that some improvements have taken place.

The paper is devoted to the analysis of the concept of the federal budget expenditures used to finance Mega Science installations in national projects. The author has substantiated the role of the science in the  development of the economy of the state, has identified the stages of formation and development of the state scientific-technical policy and basic principles. Contemporary research and development of innovative activities, including the creation of a network of unique Mega Science installations contribute to qualitative breakthroughs of the Russian Federation in fundamental and applied research. It has been determined that funding of unique Mega Science installations is carried out within the framework of national projects and federal policies. Attention is drawn to the fact that funding sources are represented by the federal budgetary provisions, budgetary provisions allocated by the constituent entities of the Russian Federation and extrabudgetary funds. The use of budgetary resources is the main instrument of scientific and technical policy not only in the Russian Federation but also in other developed countries.

The paper is devoted to the investigation of the issues related to the legal regulation of financing the development, construction and operation of large-scale research infrastructures. During the study, the author has highlighted the peculiarities of Mega Science projects, examined various approaches to the definition of this category, analyzed organizational and legal forms of international cooperation in the field of implementation of Mega Science projects and the mechanisms of financing the large research infrastructures implemented both in the Russian Federation and abroad. It is determined that the rules of financial law regulate a whole range of public relations related to the financing in the area under consideration, including budgetary financing and allocation of other sources for the establishment of large-scale research infrastructures, the use of tax incentives for scientific and other organizations involved in the creation and operation of global research facilities, financial control in the implementation of Mega Science projects. It is concluded that the approach based on the creation of international governmental organizations or national legal entities incorporated in the territory of the state where a global research infrastructure will be located, is more effective than the Russian approach, under which Mega Science projects are in most cases implemented on the basis of the existing budgetary scientific institutions.

The paper explores the problems of protection of genetic data from the perspective of IT law. Methodologically, the study is based on the system approach, methods of analysis and synthesis, comparative legal approach. In the paper, genetic information is defined as confidential health information, an object of population genetics and biometric data. The analysis makes it possible to conclude that the protection of genetic information requires the introduction of special mechanisms of legal protection, namely: the regime of strictly controlled use. Genetic data can be used in two main areas: to examine the characteristics of individuals based on the analysis of their genetic data; to identify individuals by their genetic data prints. Genetic analysis of facial characteristics can only be done for medical or scientific purposes. The person’s consent must be obtained before the study is carried out. Russian legislation requires clarification concerning the form and duration of such a consent. Analysis of DNA images in civil proceedings can only be carried out at the request of the court and with the consent of the person concerned. Prohibition of “discrimination” based on health conditions, including prohibition of taking into account the results of genetic tests predicting a yet unidentified disease or genetic predisposition to a disease, can be interpreted as a general prohibition of the use of “prognostic” genetic tests for economic and social purposes.

Current legislation governing relationships in the field of holdings in one way or another contains very significant gaps that give rise to practical problems. One of such gaps is the lack of a uniform legislative definition of the term "holding" used in various normative legal acts at different levels. The lack of an official definition of the concept under consideration inevitably leads to uncertainty in the identification of features of such an association (the doctrine enumerates economic or corporate control, organizational unity, building relationships according to the model of subsidiarity of economic societies, etc.) and, as a result, causes difficulty in qualifying integration associations of two or more legal entities as a holding. Insufficiency of regulation is also observed in resolving the issues regarding creation of the holding company, its organizational structure, corporate relations, including issues of management. Since holdings are one of the most common forms of corporate associations in modern Russia, the study of these and other aspects of legal regulation of the creation and functioning of holdings is a priority for entrepreneurship development. The author limited the study to considering the concept of the holding, its features, addressing not only doctrinal sources, but also judicial practice (jurisprudence), as well as the experience of foreign countries.

As a result of the reform of civil legislation, the legal status of the peasant (farm) economy has significantly changed. After a long break, the law-maker has recognized the possibility of establishing a peasant (farm) entity as a legal entity (along with peasant (farm) entities without the status of a legal entity). The law-maker defined a peasant (farm) entity, which is a legal entity, as a commercial corporate organization that occupies an intermediate position between economic companies and economic societies. Such a radical legislative amendment was not accompanied, unfortunately, with the establishment of a detailed regulation of almost all the most important issues of creation, operation and termination of a new kind of the legal entity. This conclusion applies to the grounds, order, conditions and consequences of reorganization of this type of the legal entity. The Civil Code of the Russian Federation (art. 86.1) assumes that the features of the legal status of the peasant (farm) entity established as a legal entity must be determined by law. However, there is still no such law. Federal Law of 11 June 2003 No. 74-FZ “On Peasant (Farm) Economy” regulates only the features of the legal status of the respective farms that do not have the status of a legal entity. In practice, such regulation can create many difficulties when trying to reorganize the peasant (farm) entity that forms a legal entity.

The paper analyzes the most common models of contractual regulation of private relations with the use of blockchain technologies. The author scrutinizes the jurisprudence of the United States as a country leading in the field of implementation of the contractual models of creation, financing, development of blockchain projects. In particular the paper characterizes ICO as a model for raising funds for the creation of blockchain projects, analyzes approaches to the definition of blockchain tokens, generalizes powers of bodies carrying out control and supervisory functions in the field of financial legislation. The author explains the essence of the simple agreement for future tokens (SAFT) as one of the promising models of legal registration of an investment transaction using blockchain technology. Using comparative-legal, formal-legal, formal-logical methods, the author comes to the conclusion about the possibility of adapting advanced contractual constructions to contractual relations regulation using blockchain technologies in the Russian Federation. The paper proposes the ways of adapting traditional contractual structures, such as a license agreement and franchise agreement, in the context of the new economic opportunities of blockchain projects.

The paper is devoted to the study of the legal essence of a preliminary contract as an organizational contract. The author investigates the doctrine of organizational contracts with regard to its concept, features and classification in the doctrine of civil law. The paper analyzes the issue of normative consolidation of the structure of the organizational contract. The problem of independence of organizational relations in the system of civil and  legal relations is described. To resolve the issues, the author carries out the analysis of semantics of the words “organizational” and “preliminary.” In order to determine the legal essence of the preliminary contract, the author analyzes the purpose of the preliminary contract and its subject matter. As a part of the definition and interpretation of the preliminary contract, the author elucidates the interrelation between the construction in question and the contract the subject matter of which involves a future thing. The organizationality of the preliminary contract is considered in the context of its gratuitousness. Using the analysis of the theoretical basis of research the author reasonably substantiates the theory of attribution of the preliminary contract to organizational contracts. On the basis of the analysis of doctrinal provisions and law enforcement practice, the author determines the purpose of the preliminary contract allowing it to be classified as belonging to the group of organizational contracts.

Based on the analysis of the norms of Russian and foreign legislation, the main issues of legal regulation of relations in the field of surrogate motherhood are identified. The questions of the theory and place of the surrogate motherhood agreement in the system of civil law obligations are considered. The author conducts an analysis of foreign experience in legal regulation in the studied area. The Belarusian experience in assisted reproductive technologies regulation, which is of interest to domestic legislation, is given particular attention. The paper provides concrete recommendations on improving Russian legislation in the field of surrogacy in order to prevent disputes regarding the origin of the child or children born to a woman who was bearing a fetus after transferring a donor embryo. The author concludes that it is necessary to establish, at the legislative level, non-medical restrictions for a surrogate mother. Recommendations on strengthening the mechanism for guaranteeing the rights of bona fide parties to a surrogate motherhood agreement are given. The expediency of establishing the maximum number of a woman to exercise the function of a surrogate mother is substantiated.

The paper is relevant because investment activities with the participation of banks, due to their special legal status, have a number of features of legal regulation that take into account the need to realize public interest in the activities of banks and their significant role in the economy. The basis for the emergence of discussions on the separation of investment and banking activities at the legislative level was the adoption of the American Glass-Steagall Act, containing the concepts of a segmented model of investment and classical lending. The paper analyzes the directions and legal forms of investment activity of banks in Russia, the difference between investment activity of banks and the classical understanding of banking activity. The main criterion for differentiation is the goal of investment and credit activity, the quality of risk, the mechanism for generating income. Investment activity, unlike credit, has a wider range of funding sources. The demarcation criterion is also the responsibility of the bank, which it bears when entering into relations with individuals in the framework of investment and banking activities. The features of the legislative regulation of banking activities in the securities market are identified, the role of banks in project financing and alternative (Islamic) financing is determined. It is proved that the investment activity of banks is a much narrower concept than the concept of a bank in the investment market, including the securities market.

The introduction of judicial reconciliation procedures in the arbitrazh, civil and administrative procedure can serve as a positive impetus for the development of a civilized and effective out-of-court dispute resolution in the Russian Federation. However, there are a number of provisions that are subject to critical analysis in the relevant norms of the Arbitration Procedure Code of the Russian Federation, Civil Procedural Code of the Russian Federation, Administrative Procedure Code of the Russian Federation, and the Rules for conducting court mediation. Noteworthy are the rules establishing the requirements for candidates for judicial mediators regarding the need for retired judges to conduct research activities, which can hardly be justified. Due to the specificity of the conciliation procedure itself, it is also necessary to consider the issue of judicial mediators having knowledge and skills in the field of mediation. In this paper, the authors analyze some problems of mediation in resolving economic and other disputes in the Russian Federation and abroad, and propose some changes to the procedural legislation.

The paper indicates that the educational process in a law school is impossible without the use of interactive forms of training, webinars, partial use of e-learning and the provision of other visual materials. The author questions whether the use of part or all of the audiovisual work when creating educational material without the permission of the creator and without indicating his name is a violation. Universities are called upon to use and develop various educational technologies, including distance e-learning, when implementing educational programs. On March 26, 2019 the European Parliament adopted the Directive on Copyright in the Digital Single Market. It will align the playing field between American technology giants and European content creators, giving copyright holders the opportunity to distribute their content through online platforms. This Directive can enable the implementation of e-learning and digitalization of the educational process in accordance with state programs. To eliminate the identified problems and contradictions, the author proposes to adjust the Russian civil law, and makes recommendations to universities on the effective use of digital technologies in the interests of both the university itself and teachers.

The spread of a new coronavirus infection and the consequences caused by it (social interactions limitations, the need for citizens to comply with the self-isolation regime, reduction in the volume of products and (or) services rendered, suspension of activities in a number of industries) posed the problem of optimal coordination of the interests of the parties to labor relations and the interests of the state before labor legislation. The paper attempts to consider the possible actions of the employer aimed at minimizing the negative consequences of the spread of the virus, both on the basis of mechanisms already laid down in labor legislation, and taking into account measures taken at the federal and regional levels. The author expresses the hope that the spread of a new coronavirus infection will not lead to a global revision of the rights and obligations of workers laid down in labor legislation, but will allow a fresh assessment of the existing balance of interests of workers and employers.

The paper is devoted to the consideration of issues related to legal regulation in the field of biological safety. The study highlights the features of the licensed regime for the production and circulation of biomedical cell products both in Russia and abroad. The author conducts a differentiated analysis of the concepts of “legal regime” and “licensed regime” of the turnover of biomedical cell products, studies the organizational and legal features of the general and special licensed regimes circulation of biomedical cell products. The paper identifies priority areas of legislative activity in terms of ensuring the functioning of special licensed treatment regime for biomedical cell products. It is established that in the domestic legislation there is no definition of the licensed regime in general and the licensed regime for the production and circulation of biomedical cell products in particular, the features of the special licensed regime for the circulation of biomedical cell products have not been fixed. The author concludes that the formation of the regulatory framework of the licensed regime for the production and circulation of biomedical cell products is one of the leading directions in ensuring biological safety both in Russia and abroad. The absence of a normatively fixed set of preventive measures aimed at minimizing the risks of the spread of infectious diseases because of the use of biomedical cell products can significantly harm the biological safety of the state.

After analyzing the criminal procedural rules governing the procedure for simultaneous rendering of a sentence and making an appeal against measures of restraint, and studying the law enforcement  practice, the author concludes that persons sentenced to real deprivation of liberty and taken into custody in the courtroom are significantly limited in the possibility of implementation right to judicial protection. Since the decision on the measure of restraint, initially of an interim nature, becomes an integral part of the verdict as a final court decision, it is impossible to challenge detention in the form of an urgent appeal. The relationship with the sentence regarding the decision on punishment does not make it possible to reconsider the decision on the measure of restraint on its own, separately from the sentence. However, contrary to the principle of the presumption of innocence, this circumstance does not interfere with the law enforcement authorities to immediately enforce the verdict in terms of decisions on the measure of restraint, and, therefore, on the corresponding punishment, which is permissible only in relation to interim decisions. At the same time, the general procedure for appealing against a sentence and the possibility for a convicted person to apply for cancellation of a preventive measure are not effective legal remedies. Interpreting this as a violation of the principle of legal certainty, the author concludes that it is necessary to eliminate doubts that the decision on the measure of restraint cannot be part of the sentence, and suggests amending the criminal procedure legislation accordingly. The problem, which implies the need to ensure the possibility of an urgent appeal against the decision on a custody, will be resolved by itself.

The process of developing public relations and the transition to the information society has also affected the criminal procedure sphere. The defense and prosecution are starting to use the capabilities of the high-tech sphere to prove violations in criminal cases, protect the rights of participants in criminal proceedings. The effective use of these opportunities increases the effectiveness of the procedural activities of a particular participant. The author concludes that the verification of the lawfulness of the proceedings, the version of the prosecution or the defense in modern conditions is much faster than it used to be. The paper covers the use of social networks and mobile devices for prosecutors to identify violations in criminal cases, and for lawyers to protect the rights and legitimate interests of defendants. The author studies two topical areas of using the high-tech sphere in criminal matters. This is the analysis of the contents of social networks and the relationships between the persons registered in them, as well as finding the location of a person, phone, car or other object. In conclusion, the paper provides recommendations to prosecutors, operational officers and lawyers on the use of social networks and mobile devices in their activities.

The paper is devoted to a criminal-legal analysis of the main elements of a crime under art.277 of the Criminal Code of the Russian Federation. Author considers the nature of infringement on life against a state or public figure, which is committed to end his state or other political activity or out of revenge for such activity. The object of crime is examined in detail; its division into the main and additional object is given. According to the author, the ratio of the main and additional objects does not correspond to theoretical provisions, according to which they should cover public relations protected by the norms of various chapters of the Criminal Code of  the Russian Federation. As part of a crime, provided for in art. 277 of the Criminal Code, the author identifies the victim as an optional element of the object and concludes that in the crime in question the impact is not on the foundations of the constitutional system of Russia, but on the victim, since the attack was directed at him.

The concept of information involved in the field of disclosure and investigation of crimes is one of the central in modern forensics. Moreover, crime detection and investigation activities are seen as work with
information about the crime and its participants. At the same time, there is a discussion among forensic scientists about which of the terms is the most correct: forensic or forensic relevant information. The paper reflects an analysis of a number of points of view, as well as formulates a proposal for the use of the term “forensic information” and suggests its initial definition. According to it, forensic information is any information about the investigated event of a crime and related circumstances. From a practical point of view, the study of forensic information is necessary in order to identify and develop the most effective ways of collecting, researching, evaluating and using it, checking its authenticity, and introducing the necessary technical means.

Based on the analysis of the views on the legal regime in the domestic jurisprudence of the form of an agreement on the choice-of-law, arguments are put forward in support of the liberal standard, according to which such an agreement is not bound by the form requirements traditionally presented to transactions. The thesis is substantiated that the agreement on the choice of law constitutes a sui generis phenomenon and cannot be qualified as a transaction in the sense that article 153 of the Civil Code of the Russian Federation puts into it. According to the author, this agreement, in terms of its form and content, is fully regulated by the special lex fori  rule, which empowers parties to private law relations with a foreign element to choose the applicable law (in the Russian Federation, article 1210 of the Civil Code of the Russian Federation). Moreover, by virtue of the recognition of not only directly expressed, but also “implied” agreements on the choice of law, the very concept of “form” has a conditional character in this case.