Vol 17, No 3 (2022)

the article examines the problems of qualification of illegal manufacture and production of narcotic drugs in conditions, on the one hand, of a high degree of detail of Articles 228 and 228.1 of the Criminal Code of the Russian Federation, on the other hand, of the gap of Article 228.1 of the Criminal Code of the Russian Federation. The published judicial positions on the direction of the study are analyzed. The rules of qualification of illegal manufacture and production of narcotic drugs with their subsequent sale are formulated. The concept of the production of narcotic drugs, psychotropic substances or their analogues for the purposes of art. 228.1 of the Criminal Code of the Russian Federation with the recommendation of its consolidation in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 No. 14 «On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances».

the article reveals the legal and factual purpose of the construction of subsequent approval by an imaginary representant of a transaction made by an unauthorized person (at the same time, it is indicated that there are no grounds for the indisputable qualification of approval as a circumstance that mediates the change of persons in an obligation), the temporal and subjective aspects of the mechanism of such approval are analyzed (from the point of view of the tautology of the term «subsequent approval», the rationality of the exclusion of discretion in the definition of the figure of the addressee of the expression of will in the case of «reactive» approval, etc.), the question of the variety of ways of expressing approval will is examined (at the same time, the inorganic nature of assessing tacit behavior as a proper variation is emphasized). The methodological basis of the study was made up of general theoretical (formal and dialectical logic) and particular scientific (legal-dogmatic, interpretation of legal norms, comparative legal, etc.) methods. As a result, the author substantiates the expediency of adjusting the legal provisions in the direction of conjugation of general instructions on consent to the transaction and the rules on the subsequent approval of a transaction made by an unauthorized person (when describing the temporal «attributes»), as well as in order to eliminate uncertainty about the current moments of expressing an approving will (circle of addressees, acceptable ways of expressing will, etc.).

the article is devoted to the consideration of the key features of the Italian legal system. The relevance of the topic in modern conditions is substantiated. The process of formation of two-level legal regulation of public relations in the country is analyzed. The characteristic features of the XIX, XX centuries and the current state of the legal system are considered. Examples of judicial disputes between the federation and individual regions of the Italian Republic are given. A distinction is made between the subjects of competence that are in the exclusive competence of the state, in the joint jurisdiction of the state and the regions and the exclusive competence of the regions. Author's conclusions on the advantages and disadvantages of the legal system in different historical epochs are being developed. The author makes a forecast about the prospects of concluding bilateral and multilateral international agreements with some regions of Italy while stabilizing the international situation. The actual task of the study is to determine the regional lawmaking, its role and the possible application of the Italian experience in the legal system of the Russian Federation.