Vol 18, No 3 (2023)

the article analyzes the fourth decision of the US Supreme Court with regard to cases on the admissibility of restrictions on freedom of speech – Abrams vs. US., 1919. Special attention is paid to the evolution of the doctrine of «clear and present danger», first of all in the dissenting opinion of Justice Oliver Wendell Holmes. Using the «clear and present danger rule» created in the decisions in the Frohwerk vs United States, Debs vs United States, Schenk vs United States cases in 1919 to be recognized as unconstitutionally protected statements with a bad tendency in the dissenting opinion in the case Abrams vs United States Oliver Holmes takes it to a new level, pointing out the need for the speaker to have an immediate goal to achieve negative consequences through the implemented statement for the recognition of such speech as being outside the protection of the First Amendment. The new interpretation of the «clear and present danger rule» in later years became the basis of the position of Justices Oliver Holmes and Louis Brandeis in adjudications in free speech cases in opposition to the majority of US Supreme Court justices.

the article discusses the possibility of extending the moratorium imposed by Government Decree No 497 as of 28.03.2022 «On the introduction of a moratorium on the initiation of bankruptcy proceedings on applications submitted by creditors» to public institutions. Judicial practice on this issue has developed ambiguously. Some courts applied the 2022 moratorium to government institutions, while others did not. The study highlights and describes the characteristic features of legislative regulation of the moratorium introduced in 2022. Attention is drawn to the fact that the moratorium was introduced on the basis of Article 9.1 of the Law of the Russian Federation No 127-FZ dated 26.10.2002 «On Insolvency (Bankruptcy)». The article analyzes the extension of the law of the Russian Federation «On Insolvency (Bankruptcy)» to public institutions, the principle of equality of participants in civil relations, and also states how the Supreme Court of the Russian Federation imperatively resolved this issue in order to stabilize judicial practice on this issue.

the article reflects the main trends of modern illicit drug trafficking using the global Internet, and, accordingly, new methods that law enforcement officers can use when investigating illicit drug trafficking. The forensic characteristics of the sale of narcotic drugs using the Internet are considered. An analysis of digital traces left on the global Internet is given, which makes it possible to track and identify criminals committing drug trafficking. The circle of exemplary participants in criminal groups committing these illegal acts is outlined, their characteristics are given, and their responsibilities are listed. The author analyzed the features of individual investigative actions and operational-search activities in the process of identifying and collecting evidence of this category of crimes. In the process of research, the author identified gaps in legislation and practice, outlined prospects and noted the need to improve methods for investigating the illegal sale of drugs committed using the Internet, taking into account new methods of producing and selling drugs on the territory of the Russian Federation.