Vol 8, No 3 (2022)

Until now, there is no single view on the concept of «state». Leading domestic and foreign legal institutions recognize this problem as highly controversial and not fully resolved. The concept of «state» came to us from ancient times and it will constantly change depending on the socio-political characteristics of the current historical period. The COVID -19 epidemic has made significant changes in the socio-economic way of life of a huge number of states, including Russia. Because of these processes, prerequisites have appeared for the formation of a still little-studied phenomenon of «post-pandemic» social reality, which needs a comprehensive study. The purpose of the article is to consider the concept, features, essence and social purpose of the state and the phenomenon of «post-pandemic» social reality. The objectives of the scientific article are to reveal the concept and identify the signs of the state, to analyze the essence and social purpose of the state on the example of the Russian Federation, consider the phenomenon of «post-pandemic» social reality and its impact on our country. The methodological basis of this research is the universal dialectical method of cognition, as well as general scientific and particular scientific methods: historical, systemic, formal-logical, methods of analysis and synthesis, induction and deduction, statistical, formal-legal, comparative-legal methods, methods of interpretation of law. Conclusions: each state is unique in its own way and has a number of specific features. At the same time, each state has generalizing features, such as territorial integrity, taxation, the presence of public authority, etc. The state will always remain in the focus of attention of many scientists due to their increased interest in the fundamental features of the state and its essence. The essence of the state is stable. However, it is impossible to neglect external and internal factors that can modify the essence of the state, make some adjustments to it, change the content. The Russian Federation will continue to strive by all available means to become a socially oriented power with highly developed social institutions, strong public support from state structures and a developed network of non-profit foundations. For this status, it has all the necessary tools at its disposal – rich cultural heritage, vast expanses with a huge amount of resources, and scientific and legal base. The phenomenon of «post-pandemic» social reality in the scientific space has appeared quite recently, but it quite clearly characterizes the fundamental changes that have occurred in the life of Russian society against the background of the protracted coronavirus pandemic. These changes affected not only the healthcare system, but also the development and integration of new technologies, the labor market, demographic indicators and many other indicators. The timely use of state reserves aimed at strengthening funding for industries in need, the ongoing training of highly qualified personnel, the development and implementation of proven innovations, and support for the socially vulnerable population will help to avoid such incidents in the future.

The article is devoted to the issues of countering the spread of counterfeit products on the territory of the Russian Federation in the conditions of the functioning of the EAEU . The article presents statistical information characterizing the work of Russian customs authorities in this area. The measures taken by the member states of the EAEU for labeling products are analyzed; the problems of ensuring the protection of intellectual property rights when using national registers of trademarks – TROIS are considered. The author proposes measures to improve efficiency in ensuring the protection of intellectual property rights: harmonization of the legislation of the EAEU member states; take measures to make the EAEU TROIS work; creation at the supranational level of unified information systems, both in terms of functioning of the TRIP , and in terms of ensuring the traceability of labeled goods; law enforcement agencies should take comprehensive measures when investigating cases of administrative offenses and criminal cases, not limited only to identifying persons who directly sell counterfeit (falsified) goods, but should establish the entire “chain” of persons involved in offenses.

This article examines the question of the admissibility of the use of a «screenshot» as evidence in the claim proceedings during the consideration and resolution of a civil case in court. Using a doctrinal approach, the formed concepts of the essence of such a type of proof as a «screenshot» are analyzed. Having established that for many scientists, the fundamental definition of a «screenshot» is a picture taken from the screen of a digital device, a distinction is made between a snapshot and a «screenshot». The controversial nature of attributing the «screenshot» to a separate type of evidence, written or material, is noted. Using the method of scientific knowledge of judicial practice, the article concludes that the courts have long been familiar with such evidence as a photograph and do not often use a “screenshot” as such, since there is no legal definition of a «screenshot», as well as mechanisms for fixing it and establishing the source from which the «screenshot» was taken. Judicial practice, in turn, has an impact on law-making and practical law enforcement. In the end, it is concluded that there is a need for a legislative settlement of controversial issues regarding such evidence as a «screenshot» in order to improve the effectiveness of the evidentiary procedure and the accessibility of justice in general.

The article deals with topical problems of legal regulation of remote work, the regulation of which has undergone significant changes in recent years. Attention is drawn to the fact that one of the signs of remote work is the performance of a labor function by an employee outside the territory or facility of the employer, and to the debatability of the issue of determining the workplace of a remote worker. It is noted that despite the application of general rules, changing the employment contract with a remote worker has its own characteristics. First of all, this is the possibility of concluding an appropriate additional agreement by exchanging electronic documents. Various options for such changes are being explored: the transfer of an existing employee to a remote form of employment, the abolition of remote work and return to the office, the establishment of hybrid employment, etc. It is proposed to establish in the Labor Code of the Russian Federation a list of grounds, in the presence of which the employer, at the request of the employee, is obliged to transfer the employee to a remote work format, or an indication of the list of categories of employees. The problems of the mode and accounting of the working time of remote workers are considered. The conclusion is made about the prospects of remote work for professions, areas of activity that have the ability to work remotely.

This article examines the controversial period of emergence and development of restorative justice in Russia. This domestic experience is compared with the modern European understanding of restorative justice and its fundamentals. It is acknowledged that our country has an interesting experience of restorative justice, documented in the «Restorative Justice Herald» and other documents, which we can be proud of thanks to the actions of a team of like-minded people in more than 30 regions of the country. But there are also difficulties. The attitudes towards restorative justice on the part of the authorities, law enforcement agencies and academia are analyzed. Attention was paid to the discussion of the model legal regulation of the concept of reconciliation in criminal proceedings, which took place on April 22, 2022 at the Department of Criminal Procedure of the North-West Branch of the Russian State University of Justice. As the social response of civil society to crime, restorative justice is based on fundamentally different principles from state governance. Such work requires a fundamentally new way of thinking and working. It is concluded that restorative justice in Russia is wrongly restricted. Comments are made on the model of legal regulation of conciliation in criminal proceedings from the perspective of the essential nature of restorative justice.

According to the official statistics, juvenile delinquency continues to decline steadily, which, of course, raises reasonable doubts both among scientists involved in the issue under consideration and some citizens. In their socially dangerous manifestations, they are becoming more and more daring and aggressive, the share of violent crimes in the overall structure of juvenile delinquency is only increasing. Fundamental approaches to the analysis and reassessment of the situation have not changed for a long time, creating the illusion of positive dynamics and sufficiency of measures taken to prevent juvenile delinquency. At the same time, countering socially dangerous manifestations of minors is «left to the mercy» of citizens who are directly confronted with such manifestations of gross uncontrolled aggression, teenagers who feel their impunity perfectly, most often acting in a group. In front of them even law enforcement officers often look powerless. However, recently more and more attention has been paid to the capabilities of citizens and law enforcement officers to legally resist criminal expansion. The authors do not call for strengthening the criminal responsibility of minors, given the already punitive beginnings of modern Russian criminal legislation, but it is still necessary to act decisively. It is advisable to «tighten» administrative legislation, which to some extent will reduce the feeling of impunity among adolescents and will obviously contribute to the prevention of socially dangerous manifestations on their part in the future. At the same time, it is necessary to change the attitude of both the legislator and the law enforcement officer to persons who show civil initiative in forcibly (by causing harm) countering socially dangerous acts, including those committed by minors or with their participation.

The legal regulation of the sphere of money laundering prevention and the financing of terrorism is at the junction of several branches of law. This article attempts to analyze the norms of the relevant legislation through the prism of financial law. The purpose of this article is to determine the role and place of the concept of «money» in the legislation, as well as to determine the relationship between the process of digital transformation of money circulation and the current methods used by the legislator to prevent the use of finance for criminal purposes. The result of this article is the determination of prioritising of the legislation goals itself aimed at preventing money laundering and the financing of terrorism. As a conclusion it is proposed that the above-mentioned legislation is of the most applied nature and has specific practical goals, while the issue of development of legal regulation of monetary circulation is not among the priority goals.