Suchergebnisse

The procedural model of fair justice is based on a dualistic basis, which includes not only the possibility of find-ing a person guilty of committing a crime, but also the possibility of his acquittal. In this regard, in parallel with the procedural tools of prosecution, criminal proceedings contain a system of special means of restoring the rights of persons who have been violated as a result of unjustified and unlawful criminal prosecution. And the key moment of the triumph of justice in cases of criminal prosecution of an innocent person becomes an ac-quittal, entailing the right to rehabilitation. As is known in judicial practice, an acquittal is a relatively rare phe-nomenon, but nevertheless, the question of such a section of criminal procedural activity as the establishment of grounds entailing rehabilitation during the trial always remains relevant. The success of achieving the ap-pointment of criminal proceedings, and from the point of view of public perception – the fairness of justice de-pends on how the institution of rehabilitating grounds will be implemented in a timely and effective manner in cases stipulated by law.

The research analyzes the use of terms 'sanctions' and 'measures' in the sources of international law, their interchangeability, synonymous nature and right understanding. The author considers the UN Charter, the resolutions of the UN General Assembly and Security Council, the authoritative scientists' attitudes towards the international liability. The relevance of the study is determined by the frequent identification of measures with sanctions when imposing restrictions and bans in relation to the international law violators or supposed violators. The author focuses on the problem of a public list of measures that can be taken by the UN Security Council to meet threats to international peace and security. This is complemented by the illegible use of terms and can lead to the uncontrolled oppression of a state or a group of states without having to justify the restrictions and bans imposed.

The article deals with the problem of traditional values and attitudes for the Russian legal consciousness that were formed during the formation of the Russian state. The authors focus on the image of law and power as a reflection of the characteristics of legal culture in the public legal consciousness. Using the example of the study of the literary heritage of the XI–XVII centuries, represented in such genres as hagiography, word, prayer, etc., having socio-political, socio-legal, historical and cultural content, the main factors and features of those problems of legal culture, which were in the center of public discussion, are shown. The author reveals such traditional features of the Russian legal culture as the dominance of religious and ethical principles (based on Christian values and norms), collectivist attitudes in matters of responsibility of the people and the authorities for peace and order in society and the state, appeal to the ideal of justice and truth as the natural-legal princi-ples of Russian legislation, the ideals of brotherhood and unity of the people in the face of external threats, pa-ternalistic guidelines in matters of trust in the current government, implemented in the image of a ruler – a god-fighter and defender for the people. The significance of invariant foundations for the Russian legal culture as the leading guidelines of modern state policy and legal ideology is actualized.

The study considers the dependence of mentality on ethno-cultural conditions, the impact of the people's lifestyle on their mentality, the problem of a national character formation. The novelty of the study is that it gives a characteristic of the most multinational region of Russia – the Southern Federal District. Despite the natural, national, religious differences, living together in one territory contributed to the formation of a common mentality of the numerous peoples of southern Russia. It is emphasized that nowadays national value principles and orienteers gain special relevance as a way of obtaining mental stability which is based on spiritual experience of the previous generations. And at the same time, a globalist mentality is forming.