Vol 9, No 4 (2023)

The article deals with the problem of distinguishing the subjects of jurisdiction of the Russian Federation and its subjects, the constitutional and contractual grounds for determining the subjects of exclusive and joint jurisdiction, analyzes the validity and effectiveness of the residual principle of determining the subject of exclusive jurisdiction of the subjects of the Federation. The author summarizes and systematizes (records) the legislative practice of the Samara region in the period since 1998. Currently, it highlights the main directions of legislative regulation, taking into account the specifics and needs of this region. The presented article defines the main trends of regional law-making, expressed in the high law-making activity of senior officials of the subjects of the federation; duplication of the provisions of federal legislation; the formation of the practice of legislative regulation related to the conduct of subordinate rule-making, as well as the practice of «advanced» regional law-making. At the same time, the author comes to the conclusion that the established practice of regional law-making can serve as a basis for determining the subject matter of the subjects of the federation and ensure the most effective management within the competence of the authorities of the subject of the federation in order to meet regional needs, subject to compliance with the requirements of unity of goals, objectives, principles of law-making activity throughout the country, unity of techniques, methods and means of legal law-making techniques both at the federal and regional levels.

The article deals with the issues of realization of one of the reproductive rights – the use of in vitro fertilization. The right to have children is one of the fundamental constitutional rights. It is emphasized that the use of IVF is a forced measure for spouses (married couples), since it is not possible to conceive children naturally due to medical indications. The point of view that IVF as a result of biomedical advances is becoming more and more predominant; although to a lesser extent, there are voices that have children is a kind of duty to society. It is generally accepted that IVF should not be used to choose the sex of a child, or any of its physical characteristics. This emphasizes the value of the common good, rather than the priority of an individual subject’s choice. The deliberate choice of the sex of an unborn child is a pathway to pernicious gender imbalance. In the context of the moral status of the human embryo, it is recognized that raising an embryo for more than 14 days and then destroying it is ethically unacceptable. Attention is drawn to the disputes arising in practice concerning the possible use of IVF, including after the dissolution of a marriage. Proposals are made to improve civil and other legislation and law enforcement practice. In particular, to provide that heirs under the will and the law may include citizens conceived in accordance with an agreement between a woman and a man to use his biomaterial for in vitro fertilization within six months after his death and born alive after the opening of the inheritance. Free storage of gametes must be provided to law enforcement officers, professional servicemen and servicemen performing duty in «hot spots», employees of the Ministry of Emergency Situations, etc., provided that they do not yet have children. In other cases, they can be kept for a fee.  

The article analyses the provisions of the Model Law for the CIS member states «On Digital Rights» relating to the digital image (digital copy of a person), the rights to which are considered as personal non-property rights. In order to clarify the place of the digital image in the system of personal non-property rights, its distinctive features are characterized in comparison with the citizen’s right to an image. The content of the subjective right to a digital image is characterized. The normative basis of the study was formed by the model legislation for the CIS member states and the national legislation of the member states (in particular, the law of Belarus and Russia). Based on the results of the study, it was concluded that the right to a digital image (digital copy of a person) can be considered as one of the manifestations of the citizen’s right to an image. The model law «On Digital Rights» allows to highlight the features that distinguish a digital image (digital copy of a person) from other forms of protected images (for example, works of fine art, photo and video recordings, etc.), but does not give grounds to consider it outside the existing mechanisms for ensuring the citizen’s right to an image. The author of the article concludes that the content of the right to a digital image (digital copy of a person) does not have any serious differences from the content of the citizen’s right to an image. This is manifested in the similarity in the subject composition, the order of use of the digital image and the image of a citizen, both during his life and after his death, the regulation of the emergence of these objects, the establishment of restrictions on the right of a citizen to a digital image and his own image, as well as the consequences of violation of these rights.

The article analyzes the health protection legislation and personal data legislation in terms of their impact on the implementation of personalized medicine in practice. It is concluded that since the development of personalized medicine is associated with the study of a person’s individual data, and first of all, his genetic data, the harmonization of legal provisions on medical activities and genetic information as a type of personal data takes on special significance. In relation to personalized medicine, the «head» law proposes to consolidate general provisions regarding the use of an individualized method, and in special laws to identify groups of norms that establish the specifics of using this method in carrying out a specific type (direction) of medical activity. As a final conclusion, the idea of the need to harmonize health protection legislation and legislation on genetic information as a type of personal data is substantiated, primarily in terms of the regime of genetic health information, as well as the features of their use in personalized medicine.

This article is devoted to the procedural features of the consideration of cases of deprivation of parental rights based on the materials of judicial practice and theoretical studies. Attention is drawn to the presence of public interest in the subject of judicial protection in cases of deprivation of parental rights and the need, in connection with this, to single out this category of cases as a special type of civil proceedings along with other cases related to the protection of the rights of minors. The studied judicial practice allows us to conclude that it is difficult to resolve the issue of the existence of sufficient grounds for deprivation of parental rights. The ineffectiveness of such a measure as warnings in case of refusal to satisfy the claim for deprivation of parental rights was revealed. It is substantiated that, since it is recognized that the deprivation of parental rights is a measure of family legal responsibility, it is necessary to include in the subject of judicial protection and questions of compensation for damage, since improper performance of parental duties is often accompanied by the fact that the defendant uses benefits and payments for children not according to their intended purpose. It is advisable not only to raise the issue of collecting these funds in favor of the child, but also to determine the fate of the maternity capital directly in the court decision and also to check how these funds were spent. The ineffectiveness of such a measure as warnings in case of refusal to satisfy the claim for deprivation of parental rights was revealed. It is substantiated that, since it is recognized that the deprivation of parental rights is a measure of family legal responsibility, it is necessary to include in the subject of judicial protection and questions of compensation for damage, since improper performance of parental duties is often accompanied by the fact that the defendant uses benefits and payments for children not according to their intended purpose. It is advisable not only to raise the issue of collecting these funds in favor of the child, but also to determine the fate of the maternity capital directly in the court decision and also to check how these funds were spent. Cruelty to a child and abuse of parental rights, no doubt, causes moral suffering and affects the health of the child, so it is necessary to resolve the issue of compensation for moral harm. The problem of the procedural position of the child himself and taking into account his opinion is highlighted. Attention is drawn to the need for special procedural regulation of a number of issues, which together led to the conclusion that cases of deprivation of parental rights do not correspond in their substantive nature to either action or special proceedings.

This article discusses evidence under the French Code of Criminal Procedure, with its many and significant distinctive features, which are useful and curious to both theorists and practitioners alike. First, instead of an investigator, we see a forensic investigator. Secondly, the familiar concept of «investigative action» has been transformed into «judicial investigation». This had a significant impact on the rights and obligations of the participants in the process. In addition to the evidence traditionally understood in Russian jurisprudence, the Criminal Procedural Code of the French Republic also contains a list of actions that domestic jurisprudence usually refers to operational-investigative activities. This led to the emergence of unusual rights for prosecutors and judges, leading to an increase in guarantees of individual rights and freedoms. Relevant for the domestic jurisprudence of the question of evidentiary value of nonprocedural information in accordance with the Code of Criminal Procedure of the French Republic becomes not only admissible, but also attractive.

The study analyzes the criminal legislation of the Russian Federation (hereinafter – the Russian Federation) and the People’s Republic of China (hereinafter - the PR C) in terms of «laundering» money or other property acquired by criminal means. The judicial practice of Russia and China is analyzed with typical examples of the studied category of cases. Common schemes of legalization (laundering) of funds acquired as a result of a crime are given. The international norms and acts in the studied area are considered.

The high level of drug addiction in modern society requires the Russian Federation and the international community to coordinate measures aimed at countering the illicit trafficking of narcotic drugs and similar substances, for which it is important to develop unified approaches to determining the socio-legal nature of drug crimes. It has been established that in order to understand the social and legal essence of drug crimes, a systematic analysis of the nature and degree of their social danger is necessary, which, first of all, is associated with the object (including the subject) and the objective side of drug crimes. It is shown that, unlike the national criminal legal system, in international law there is no special indication of the object of criminal acts. In addition, international anti-drug law does not provide for the division of objects of crimes «vertically». It is possible to draw a conclusion about the content of the object of these encroachments in international law based on the text of the preambles of the relevant international legal sources. It has been proven that the main object of drug crimes under international law should be recognized as «human health». It has been established that Russian criminal legislation provides for a much wider list of subjects of drug crimes than in international law, both in terms of the number of narcotic drugs and the number of psychotropic substances. To effectively combat illicit trafficking in narcotic drugs and similar substances, it seems advisable to provide in international law for the offenses of theft and extortion of narcotic drugs and psychotropic substances, as well as violations of the rules for the circulation of narcotic drugs and similar substances, since the conventions do not contain analogues in the list of punishable acts this crime, which leads to gaps in international legal regulation. It is concluded that in order to effectively combat illicit trafficking in narcotic drugs and similar substances, it is necessary to fully harmonize the approaches of international law and domestic criminal legislation in this area.

In the criminal law doctrines of the Russian Federation and Turkmenistan, as well as in the legal acts and official documents adopted in these states, there are different approaches to the classification of crimes committed using information and telecommunication networks (technologies). These differences lead to a decrease in the effectiveness of criminal law counteraction of the corresponding type of illegal acts. In this regard, the author analyzes alternative approaches to the classification of crimes committed using information and telecommunication networks (technologies). It is concluded that based on the structural features of the Criminal Codes of the Russian Federation and Turkmenistan these types of socially dangerous acts should be classified depending on the characteristics of the object and subject of these unlawful attacks, the nature and degree of public danger of the act, the form of guilt, as well as the methods and means of committing these crimes. The conclusions and recommendations made in this article have a certain theoretical significance and can be used to further study of the classification of crimes committed using information and telecommunication networks (technologies) under the criminal legislation of the Russian Federation and Turkmenistan.