The Author provides the results of a comparative analysis of two classically differentiated by legal scholars national legal systems – the American and Russian systems. Obviously, the announced legal systems represent two of the main categories of legal systems: common law and Roman law. Considered traditionally as part of common law, the Author investigates distinctive attributes of American federal and state law, proving the fact of integration of significant features of Continental Europe and Anglo-Saxon legal systems. The article also contains an analysis of the legal nature of the case-law of the European Court of Human Rights and its distinguished place as a precedent (which is the main common law attribute) and source of law in the Russian Federation.

This article examines the positive and negative approaches to the understanding of discretion in law, formulates an author’s definition, the main features, substantiates the need for a comprehensive study of this legal phenomenon, as well as the problems that arise in law enforcement, law-making and interpretative practice, depending on the nature of legal activity. The main positions of legal scholars regarding the essential characteristics of discretion in law are studied.

The article analyzes the legal means that are elements of both the mechanism of legal regulation and legal technology, their characteristics are given, its purpose is indicated. The legal regulation of public relations is considered not only as a static phenomenon, but also as a dynamic process, showing a phased movement from one element to another in their interaction, starting with lawmaking and ending with the achievement of the goal of legal regulation, which consists of the formation and strengthening of law and order in society. A model of the mechanism of legal regulation as a set of combined legal means at all stages of the legal regulation of public relations, including lawmaking, legal relations and the implementation of law, is proposed. The types of legal technology are considered. It is shown with the help of which techniques and means various legal technological operations and actions are carried out, forming the sum of technologies for creating legal documents and implementing legally significant acts and procedures. This is about the same legal means that are elements of a legal regulation mechanism. And here the categories of “legal technique” and “legal regulation mechanism” partially coincide. In this regard, the relationship between the categories of legal technology and the legal regulation mechanism is formulated, in which the legal regulation mechanism is general and the legal technique is private.

The article criticizes the traditional approach to the definition of the concept of legal presumption and its legal properties. The possibility of the existence of legal presumptions that do not reflect the repeatability of life processes is ascertained. Based on the analysis of the current legislation and law enforcement practice of the highest judicial authorities, actual and legal presumptions, legal presumption and fiction are compared. There is a lack of practical expediency of comparing legal presumption and fiction according to the criterion of their truthfulness, compliance with the “natural course of things”. The thesis about the absolute necessity of the possibility of refuting the presumption is justified only in the context of solving the problem of objective establishment of the circumstances of the case. However, the potential of legal presumptions is not limited by this framework. The results obtained allowed the author to come to the conclusion about the possibility of the existence of irrefutable legal presumptions.

The crime among the native people of the North and the activities of national courts in the northern regions of Western Siberia are attracting increasing attention from researchers. This article is based on unpublished archival materials. The purpose of the article is to highlight the characteristic features of crime among the native population in the second half of the 1920’s on the example of the modern territory of the KMAO–Yugra. The author comes to the conclusion that in the mentioned period and territory two main groups of crimes dominated: against the government and family.

The article draws attention to the shortcomings of the construction of sanctions rules on crimes that infringe on the objects of flora and fauna. Taking into account the nature and degree of public danger, the acts of this group are classified by the legislator as crimes of small, medium gravity and serious crimes. The severity of the criminal act is indicated by the sanction of the criminal law norm. The analysis of the sanctions of this group of criminal acts showed that their design is far from perfect. The drawbacks are obvious both in the construction of single and alternative sanctions, as well as sanctions with an additional type of punishment. For example, when designing appropriate sanctions, the legislator equally often uses a fine and imprisonment; sanctions of the rules on crimes that infringe on flora and fauna are not all alternative; the degree of alternative is manifested in different ways; there is diversity in the legislator’s approaches to determining the number of additional penalties and their status in the framework of crimes of small gravity, medium gravity and serious crimes, as well as between these categories of criminal acts. According to the author, the legislator does not have clear criteria for designing sanctions, which undoubtedly negatively characterizes the quality of the criminal law in general.

The Authors conclude that the establishment of criminal liability for acts under article 3541 of the Criminal Code of the Russian Federation corresponds to the basic principles of criminalization. The paper notes that the rehabilitation of Nazism has a sufficient degree of public danger, the positive consequences of criminalization exceed the negative, and in Russian society there is a consolidated opinion about the inadmissibility of such actions. The Authors also point to the shortcomings in the legal technique inherent in article 3541 of the Criminal Code of the Russian Federation, namely the mismatch of the title and content; partly the wrong choice of generic and specific object of the crime; the absence of a note limiting the scope of the article, etc., which complicates law enforcement.

The article outlines the signs characterizing the employees of correctional institutions who unlawfully applied forceful methods of influence to persons deprived of their liberty. These are mainly mature men who have experience working in correctional facilities, the necessary professional skills, an adequate level of education, whose personal life is prosperous. At the same time, they are characterized by so-called professional deformation and burnout, and in some cases – violation of labor discipline, unprofessional behavior. In addition, they are characterized by such negative personality traits as inability to self-control (self-control), emotional instability, lack of authority among prisoners, low stress tolerance, self-doubt, inability to reasonably act in difficult (extreme) situations. Knowledge of these negative personality traits of employees who unlawfully applied forceful methods to persons deprived of their liberty can be useful for developing effective measures to prevent the phenomenon under consideration in domestic prison practice.

The article considers the problems that arise in the activities of the police in the process of implementing such a measure to ensure the proceedings in an administrative case, such as referral to a medical examination for intoxication. Objective grounds are listed, in the presence of which a person held administratively liable must be sent for a medical examination for intoxication. The necessity of introducing constructive amendments to the legislation that will contribute to a more effective prevention and suppression of administrative offenses committed while intoxicated is justified.

The article discusses the development of a new scientific field – administrative penology, the subject of research of which is aimed at seeking to increase the efficiency of the appointment and execution of administrative punishment.

The completeness of the study of the subject of administrative penology is directly related to the study of the concept of administrative responsibility. The relevance of comparing the two legal categories of administrative punishment and administrative responsibility is associated with the need to develop the missing legally relevant concepts with understanding nature of administrative punishment. The question is, why the legislator did not consider it possible in the legal definition of an administrative offense, instead of administrative responsibility, to establish a more specific and understandable sign – administrative punishment.

In the final part of the work, it is noted that administrative responsibility and administrative punishment are concepts of one legal nature arising from an administrative offense, where the first concept is a general category, and the second concept is its derivative.

This article discusses issues related to the emergence of a new type of control from January 1, 2017, namely, regional control over compliance with the requirements of the legislation of the Russian Federation in the field of organization of recreation and rehabilitation of children. The subjects of control are identified. It is noted that the lack of a clear wording of the subject of control impedes the effective implementation of the activities of its entities and creates the possibility of double control of children's recreation organizations and their recovery by officials of various public authorities. The author formulated a proposal to eliminate a gap in the legislation related to the absence of a Code of the Russian Federation on Administrative Offense, which provides for administrative liability for violation of the requirements of the legislation of the Russian Federation in the field of organization of recreation and recreation for children.

The article analyzes the trends in government activities to ensure road safety. It is noted that the majority of researchers as the main trend in this area highlights the regular tightening of responsibility for violations of the Rules of the road. The Author, partially agreeing with this conclusion, notes that the strengthening of responsibility in many cases is offset by the adoption of norms that repeal or substantially reduce previously established penalties. It is indicated that the increase in fines for offenses in the field of road safety was offset by the possibility of paying them in the amount of 50% of the amount imposed. The establishment of criminal liability for re-driving while intoxicated was compensated by the fact that the sanction for this crime specified a punishment in the form of compulsory labor, comparable in volume to the sanction for gross administrative offenses, and the fact that the courts in the vast majority of cases apply it is this type of punishment. It is concluded that the reduction in road accidents is possible by identifying the primary causes of road traffic accidents and the subsequent systematic tightening of liability for them.

The article is devoted to the problems associated with the changes made to the draft of the new version of the Budget Code of the Russian Federation concerning the assessment of the severity of violations of the budget legislation for the purpose of administrative or criminal liability measures. The article deals with the issues of improving the conceptual apparatus, including the term “damage to public legal institutions”. The comparative analysis of categories “harm”, “loss” and “damage” is carried out. An attempt is made to define the concept of “damage to public legal institutions” as a category of financial (budget) law. The issues of delimitation of violations of the budget legislation from the shortcomings in the activities of public authorities and local selfgovernment, leading to inefficient use of budgetary funds. It is concluded that it is necessary to include in the new edition of the Budget Code such categories as “violations and shortcomings associated with the use of budgetary funds”, “inefficient use of budgetary funds”, “damage to public legal institutions”, as well as the development of a special method of calculating the damage to public legal institutions.

The article discusses the features of the legal regulation of the activities for the transport of passengers and baggage by taxi in the Russian Federation in the context of ensuring road safety. The Author analyzes the specifics of participation in traffic of vehicles intended for the carriage of passengers as a passenger taxi. Attention is drawn to the formality of existing requirements for drivers applying for a permit to carry out the specified type of activity, and the need for their adjustment is justified. Suggestions are being made aimed at improving legislation in the field of taxi transportation. Separate collisions are investigated that arise in the law enforcement practice of the traffic police when exercising control and supervisory powers over the observance of road safety requirements by passenger taxis, and suggested ways to resolve them.

The paper discusses the features of the legal regime of gaming broadcasts posted on the Internet. The assessment of the main approaches of domestic and foreign theory and practice to the definition of the legal regime of the game is given. The Author investigates the possibility of classifying game broadcasts as derivative works, as well as in the absence of features of a derivative work, as a public display or public performance of the work. The article presents the classification and forms of game broadcasts. In the paper the study of the theory and practice of Russia, the United States and European Union is concluded. Reviewed the relevant exclusions of above-mentioned legal systems that allow the posting of game broadcasts on the Internet. The conclusion is made about the need for improving legislation in the field of gaming broadcasts.

The researcher analyze the functions of digital information and technologies that they carry out in the modern criminal process in different countries of the world. Thereby author investigates the essence of digital phenomena and their importance in the further development of criminal procedure legislation. The author identifies three functions implemented by digital information and technologies in criminal proceedings: communicative, evidential and intellectual. As part of the study of the communicative function, the author proposes a classification of countries by the level of implementation of electronic document management in criminal proceedings. The article also describes the features of the implementation of these functions in different countries of the world, along with the problems associated with the use of digital technologies in the criminal process of Russia, as well as ways to resolve them.

The article discusses the problems associated with a possible change in the institution of judicial control in criminal pre-trial proceedings. A comparative legal study of foreign criminal procedure legislation was carried out, where over the past ten years there have been significant changes in the control function of the court by introducing a new participant in the criminal process the investigating judge. A review of the position of process scholars on the issue of introducing an investigative judge into the Russian criminal process is carried out, and both positive and negative aspects of the concept are evaluated. The author analyzes the positive and negative assessments of the developed concept of “Return of the institution of investigative judges in the Russian criminal process”. An intermediate conclusion is made that the appearance of an investigative judge in the domestic criminal process will entail significant changes in legal relations arising between subjects of pre-trial proceedings and will generally change the modern concept of judicial control.

The article discusses the procedural issues of reviewing, under new circumstances, a court decision that has entered into legal force on the basis of the legal position of the Constitutional Court of the Russian Federation. The study is based on the norms of the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation, as well as the positions of the Supreme Court of the Russian Federation. The experience of courts in this category of cases is given. Violation by the courts when considering civil cases based on statements by interested parties of a legally established procedure for judicial proceedings is critically evaluated.

The Authors conducted a comprehensive scientific relevant procedural legal study, which analyzed aspects of the institutionalization of forensic evidence in the Russian civil and administrative procedure (on the basis of the Civil procedure code, Arbitration procedure code of the Russian Federation, code of administrative procedure of the Russian Federation, the concept of a unified Civil procedure code of the Russian Federation); comparative aspects of the use of the Institute of inadmissible evidence in the civil procedural legislation of the Republic of Kazakhstan (based on the analysis of article 66 of the Civil procedure code of the Republic of Kazakhstan), aspects of the negative influence on the Russian court practice to the lack of detailed regulation of the institution of inadmissible evidence in the civil procedure codes (examples of actual use in the Russian judicial practice as forensic evidence, considered in the case information about the circumstances of the case, obtained using the polygraph); in conclusion, the authors propose to improve the Russian procedural legislation by fixing the institution of inadmissible judicial evidence.

In the context of reforming the procedural legislation, the emergence of new types of proceedings, diversity and rapid development of material and procedural legal relations actualized the problem of determining the status of individuals involved in the case in civil proceedings. It is noted the need to determine the legal status of the parties to the writ proceedings, specifying the role of the Prosecutor in the process, the legal status of the subjects referred to in articles 46 and 47 of the Civil procedure code of the Russian Federation, including the Commissioner and persons not involved in the case, in respect of which a court decision resolved the issue of their rights or obligations. In the context of unification of the civil process, the recommendations aimed at improving the civil procedural legislation that determines the legal status of individuals involved in the case in the civil process are proposed.