Suchergebnisse

Introduction. The legal order as the ordering of public relations on the basis of law is one of the main elements of the state. The problem of its provision was actualized during the Civil War. The presence of a firm legal order meant the stability of the government, and also directly influenced its support from the population, stability in the rear and success at the front. An important role in ensuring the protection of legal order, along with ordinary and emergency bodies, was played by the police. Methods and materials. With the help of historical-legal, systematic, formal-legal and comparative-legal methods, the analysis of written sources was carried out, among which the main attention was paid to legislation and other official acts of the authorities of state formations during the Civil War, works and memoirs of its participants, as well as scientific works devoted to the study of this period. Results. The article shows that the most radical changes in the organization of the police were carried out by the Soviet government. The flexibility of the leadership in matters of ideology (without affecting the foundations of Marxist doctrine and the construction of socialist statehood in the country) ensured the effectiveness of the activities of the Soviet law enforcement agencies and the significant contribution of the Soviet police to restoring elementary order and countering rampant crime on the territory of the RSFSR.

The article is dedicated to the results of thirty years activity of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which is a recognized expert center in the field of constitutional law. Russia has been participating in its work since 2002. The purpose of the article is to show the evolution of the VC expert opinions' problematics from the general problems of constitutional reforms to the specification of individual institutions, the assessment of electoral systems, the effectiveness of justice, guarantees of civil and political rights of citizens. This comparative analysis contributes to a better understanding of the Commission's current activities. The main stages of the Commissions' formation are considered. The authors explore the expansion of the geographical sphere of Venice Commission's influence and the strengthening of its role in the political-legal and scientific-legal fields. The conducted research makes it possible to fill an obvious gap in the domestic science of comparative and constitutional law, since there are only a few special works dedicated to the Venice Commission. The article sets out tasks that can contribute to the shaping of new directions for the development of legal science, taking into account the experience of the Commission and its contribution to the improvement of democratic institutions. The work is intended for scientists specializing in comparative and constitutional law, teachers and students studying the law of the Council of Europe. An optional seminar on the legal positions of the Venice Commission was organized at the Master's program of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

Law as a special social regulation tool in modern conditions acquires a universal character. For its comprehensive study, as well as for its implementation in public life, a special cognitive apparatus is required. Consequently, both in theoretical and practical terms, it is about legal thinking, which is in the focus of doctrine as a special form of mental activity. To solve scientific problems associated with this study, it is advisable to introduce the category of "cognitive basis of law and order" into science. This kind of innovation is necessary in order to disclose a mechanism for ensuring trust in society, without which the entire apparatus of legal coercion is reduced to haphazard violence and, as a result, becomes meaningless. This mechanism includes intellectual and volitional components. The former is the dominant component, as it is represented by the "cognitive apparatus of law". It is this component which deter­mines the entire "content of law", while ensuring its consistency, independence and completeness. The inclusion of the volitional component in the cognitive basis of law and order is explained by the fact that it is through this component the intellect is re­alized. Without an act of external expression of will none of intellectual activity in the field of law can achieve its goals. The cognitive basis of the rule of law – in conjunction with its normative and institutional foundations – ensures the func­tioning of law, while defining its existence.

The article focuses on the study of issues of human rights implementation in international investment legal relations, both in the substantive and procedural aspects. The author attempts to reveal the relevance of the research topic and assess the significance of the interaction of international investment law and international human rights law in modern realities. The article reveals the options for the interpenetration of the two branches of public international law, as well as the problems arising as a result of such interaction. Emphasis is placed on the search for a new balance between international investment law and international human rights law, and on the possible identification of ways to promote the protection of human rights while encouraging and protect-ing foreign investment. An attempt is made to identify and comprehensively analyze the possibility of preven-tive integration of human rights in international investment legal relations, as well as its advantages and disad-vantages. Furthermore, the study of substantive and procedural aspects of interaction between international investment law and international human rights law identifies the importance and prospects of the impact of soft law on the realization of human rights in international investment relations. Special attention is paid to the prac-tice of resolving international investment disputes with reference to the protection of human rights as one of the options for the manifestation of the interpenetration of branches of international public law. The author identi-fies the existing patterns in the practice of resolution of international investment disputes. As one of the key conclusions the idea of the possibility of generalization of the results of harmonious interpretation (explanation) and the formation of an appropriate unified legal framework of international public law for its subsequent har-monious application is put forward.

Empirical studies of the dynamics of law have fixed the "growth points" of new directions in its evolution, characterizing the general vector of development, largely due to the hybridization of the legal landscape. It is formed by the so­cially significant interaction of a person adapted to an unusual environment, in­cluding through his own technological upgrade, hybrids of nature and culture (quasi-objects, "subject-objects"), which are overcoming the boundaries between culture and nature, the actor and the material. Theoretical understanding of the obtained data leads to the conclusion about the formation of a new "paradigm" of the evolution of law, which determines its hybridization as a result of conver­gence with technological innovations and practices; transformation from a norm­ative to an automated normative-cognitive system; convergence of the content and form of law, normative and individual legal regulation; modification of a number of its features, such as normativity and formal certainty; revision of the ideological foundations of law, its fundamental principles – humanism, free will, equality and justice. The depth of the corresponding transformations de­pends on what place the ideas that make up the content of these principles will occupy in the value system of the new society.

Introduction. The fate of the Southern Kuril Islands remains a stumbling block to the conclusion of a peace treaty between Russia and Japan, as well as the further development of trade, economic, environmental, political, diplomatic, and other relations between the two states. At the same time, the constitutional changes that took place in Russia in 2020 and the need to ensure national interests dictate the need to find alternative ways to solve the problem, taking into account the political and legal experience of resolving similar territorial disputes. Methods and materials. The methodological basis of the research includes dialectical, general logical, theoretical (abstraction, historical method), empirical (description, comparison, experiment) methods, as well as a special formal legal and applied interdisciplinary method of event analysis. Analysis. Based on the study of domestic and foreign scientific researches devoted to constitutional transformations in Russia and Japan, problems of Russian-Japanese relations over the Southern Kuril Islands dispute, and political and legal models of resolving territorial disputes, legislation and international documents, potential models of resolving the "Kuril dispute" are analyzed and compared, and an attempt is made to find an acceptable solution of the territorial dispute between Russia and Japan over the ownership of the Southern Kurils. Result. The authors conclude that each of the considered political and legal models of resolving territorial disputes ("Aland", "Hong Kong", "Amur", "Peace Park model" and other variants) has its own specifics due to the individual characteristics of a particular territorial dispute, so it cannot be applied to the resolution of the models of resolving the "Kuril dispute" in its pure form.