An interest in the problem of the formation of educational relations and their separation as a special type of relations that are beyond the scope of administrative legal regulation arose in domestic jurisprudence in the 1970’s. The works of Soviet scholars created the basis for the discussion of the problem of understanding educational relations as a separate subject of legal regulation of a new emerging legal category – educational law. The different positions of domestic scholars towards “educational law” led to a different interpretation of the concept of “educational legal relations,” and it did not take shape right away. Despite the lack of a clear understanding of the subject of legal regulation of educational law, scientists agreed on one thing – the core of relations arising in the field of education is the pedagogical legal relationship that arises between the teacher and the student. The paper reveals the features of these legal relations, presents their typology.

The importance of law enforcement in all spheres of public life, as well as public administration is conditioned by the objective need to ensure law and order in society. The creation of an effective law enforcement system in Belarus is a priority area for the improvement of law enforcement in modern society. Increasing the professionalism of State law enforcement officials is designed to foster a legal culture and a positive attitude of society towards the subjects of law enforcement activities. In the context of the study of the legal culture of modern Belarusian society the actual doctrinal and practical task is to characterize the activity and value-normative basis of the state law enforcement service. The article presents the analysis of theoretical approaches and legislative practice to the designation of qualifying features of state law enforcement agencies, the allocation of their system. Law enforcement service is distinguished from other types of state service in accordance with functional and organizational criteria.

This article is devoted to the research of the implementation of constitutional values in government programs of the Russian Federation. The article formulates a definition of the concept of “a mechanism for the implementation of constitutional values in state programs”; the purpose of the specified mechanism is characterized; the dialectical relationship between its goals and means is substantiated; stages of its functioning are identified. In studying each of the stages, the Author distinguishes system-forming centers that determine the main content of a particular stage. The research considers additional elements of the mechanism for the implementation of constitutional values in government programs of the Russian Federation, permeating all its stages: legal awareness, legal culture, and legal technique. The Author pays special attention to the study of constitutional legal risks as a separate factor affecting the effectiveness of the mechanism for the implementation of constitutional values in state programs. In conclusion, a brief formula of the mechanism for the implementation of constitutional values in the content of state programs of the Russian Federation is given.

In international private law one of the basic principles is the principle of international politeness, the normative consolidation of which is provided by such an independent institution as direct action norms that have become more widely used in the doctrine as “super-imperative norms”, designed in strictly defined cases to block action as conflict norms of national legislation and the principle of autonomy of the will of the parties. So far, neither in the doctrine, nor in law enforcement activity there is a single understanding of the legal nature of super-imperative norms, which predetermines the relevance of the topic of a scientific article chosen by the Author, in which an attempt is made to identify the essential distinctive features of this type of norms.

The article investigates one of the fundamental principles of family law aimed at clarifying the boundaries between legal and arbitrary interference of the state and third parties in the affairs of the family. The Author argues that acts committed in accordance with the law and contrary to the principle of proportionality and proportionality do not constitute arbitrary interference in the affairs of the family. It is noted that at the moment the normative implementation of the principle of prohibition of voluntary interference in family affairs is controversial. On the one hand, the decriminalization of family violence is decreasing interference of state and society in the family business, on the other hand, we see the strengthening of the role of the juvenile justice system, which means the increase of state intervention in the affairs of the family.

The engagement of persons in respect of whom the court imposed coercive measures of a medical nature is carried out through the use of labor therapy methods. Occupational therapy, defined by the legislator as a medical service, is not just a treatment method, but also involves the inclusion of mentally ill persons in labor activity, the latter performing a specific labor function. Taking into account the indicated features of labor therapy, this article attempts to determine the legal nature of relations arising in the process of attracting people undergoing compulsory treatment to work in a psychiatric hospital. The features of such involvement in labor are revealed, a distinction is made with wage labor. Based on a comparison of the main characteristics of the ­relations under consideration with the constitutive signs of labor relations, it is concluded that they are not identical, although they have a number of similar signs. Relations involving the mentally ill to work are to be included in the general system of legal relations arising from the application of compulsory medical measures, in connection with which the application of the provisions of the labor legislation of the Russian Federation to them is possible only in cases specified by law through subsidiary use rules of law.

The Author sets the task to help the law enforcer understand the complex array of environmental and sanitary legislation and, based on the analysis of regulatory acts, reveal the concepts used in Art. 251 of the ­Criminal Code of the Russian Federation. Examining environmental legislation, he gives examples of violations of the rules for the emission of pollutants into the atmosphere, as well as cases representing violations of the rules for the operation of installations, structures and other objects. In particular, such violations are the release of pollutants: from a stationary source that is not included in the state register of objects that have a negative impact on the environment; substances of I or II hazard class by objects registered with the state as category IV objects; from a stationary source without gas-trapping equipment (as well as a source with idle gas-trapping equipment), which should be equipped with such devices; resulting in excess of category I, II and III facilities (for category III only with respect to radioactive and highly toxic substances) of an emission standard or indicators of temporarily permitted emission of pollutants; substances whose degree of danger to human life and health and to the environment has not been established; at facilities of category I–III during unfavorable weather conditions with violation of relevant measures in force during unfavorable weather conditions; which led to violation by legal entities and entrepreneurs of the conditions for quoting emissions in cities, a list of which is given in the Law on emission quotas. He comes to the conclusion that air pollution is qualified if the illegal exceeding of the maximum permissible concentrations is detected in a residential area or recreational area. “Other changes in the natural properties of air” should include noise, vibration, ionizing radiation, temperature and other physical factors that change the physical properties of atmospheric air.

The paper analyses the aggravating circumstance provided by item “o” of part 1 of Article 63 of the Criminal Code of the Russian Federation. It proves that this law norm is discriminative on the basis of profession. The paper demonstrates that the aggravating circumstance is inconsistent with several principles of the criminal law, namely principle of justice, principle of humanity, and constitutional principle of equality of all before the law, and that application of the aggravating circumstance involves violation of the listed principles. The Author provides a review of a definition given by the Constitutional Court of the Russian Federation considering the analyzed criminal law norm.

The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the reasons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of medical activity.

The article is devoted to the problem of uncertainty in the question of the subjects of a criminal case that primarily relates to the division of inquiry, because the criminal procedure legislation of the Russian Federation allows both verification of crime reports, and making the results of this activity the decisions of division of inquiry. In practice there are cases when accepted the final decision about refusal in excitation of criminal case employees of division of inquiry, including materials about the crimes of the defendants to the investigators. Code of Criminal Procedure of the Russian Federation does not contain the term employees of division of inquiry, in that time, their position, rights and duties are very diverse, often preference is given to departmental interests. This practice has developed largely because of the contradictions inside existing criminal procedure legislation and the simultaneous action of many job descriptions and regulations, rules which the employees of division of inquiry often give priority. The article examines these contradictions, and also departmental orders precluding the uniform application of the provisions of the Code of Criminal Procedure of the Russian Federation in the decision of a question on excitation or refusal in excitation of criminal case.

Preventive measures in criminal proceedings significantly limit the rights and freedoms of a person who has not yet been found guilty of a crime by a court verdict, while a preventive measure in the form of remand in custody and holding a person in custody in a penitentiary system are comparable in severity of consequences and the degree of restriction of rights with the punishment of imprisonment. In this regard, a number of guarantees are required in the criminal process to ensure protection against arbitrary, unjustified and excessive restriction of the constitutional rights and freedoms of participants in legal proceedings. In addition, a clear delineation of process categories is required The article discusses the correlation of criminal prosecution and the application of preventive measures, identifies conflicting provisions in the law and proposes a variant of their change, and also discloses a mechanism for specifying the general conditions for all preventive measures in relation to a preventive measure in the form of custody.

The article reveals the problem of determining the time and limits of application of such a measure of coercion as the seizure of property. The fact that this issue has been repeatedly considered by the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation indicates its complexity and versatility. The issues of the correlation of reasonable and procedural terms for limiting the right of ownership, the admissibility of seizing property of persons who are not suspects, accused or financially responsible for their actions, the correlation in this case of the norms of criminal procedure and civil law, the meaning of decisions made in civil proceedings, ways to ensure the rights of persons – owners of seized property. The Authors proposed solutions to the identified problems, obtained both using theoretical conclusions and analysis of the current legislation, and based on research into practice, examples of which are given in the work.

The article deals with the most urgent for forensic questions about the concept and content of the tactical-forensic support of the investigation, in order to determine the place of this doctrinal category in the conceptual apparatus of science. Different approaches to the definition of the concept are analyzed, the Author's definition is formulated; considered the ratio of the concepts of tactical and forensic software, forensic software, tactics of investigative actions. The conclusion is formulated about the content of the security function of the concept under study, which consists in developing recommendations relevant to the practice of investigating the selection of the most optimal and effective means of tactical and forensic support in various situations.

Legal regulation of the organization of exhibition, fair and congress activities has long been characterized in Russian legislation by a certain gap. The current legislation does not contain the necessary rules and administrative procedures that can solve some problematic issues that arise during the organization and holding of fairs in the settlements. The development of this segment of the service sector is relevant both for authorities and for foreign partners, investors, legal entities and individuals. Participants of exhibition and fair events are interested in simplifying the administrative procedures for organizing and conducting fairs and the participation of citizens and legal entities in them. Based on a study of regulatory legal acts, law enforcement practice of the constituent entities of the Russian Federation and local self-government bodies, the Authors made suggestions for improving legal regulation and law enforcement in this area of legal relations.

The article discusses some of the problematic issues of the law enforcement of a medical examination for drug intoxication as a measure of ensuring the proceedings in an administrative case, and the use of the results of this examination as evidence in a case of an administrative offense. Certain contradictions of the legislation governing the medical examination procedure and the procedural features of the use of the results obtained in deciding on an administrative offense case have been identified. The necessity of introducing amendments to the legislation aimed at increasing the level of legal protection of citizens, including those brought to administrative responsibility, is substantiated. Separate directions are proposed for improving the legal and organizational framework for conducting the examination for drug intoxication, including the establishment of common criteria for assessing the state of intoxication, taking into account acceptable levels of threshold levels of narcotic drugs, psychotropic substances, other chemicals and their metabolites in the human body.

The use of the term “administrative tort” in administrative law and its extension to the range of relations regulated by administrative law causes misunderstandings among civil law theorists and some representatives of administrative law science. In connection with the next administrative reform and the reform of administrative legislation, a new discussion arose about the legality of the use of the term “administrative tort” in the theory of administrative law and law enforcement practice. Accepting this scientific challenge, the Author delves into the essential content of the term “tort”, compares it with the concepts of obligation, duty, harm, liability, and others, and gives the Author's definition of “obligation”. The conclusions are based on the works of legal theorists, civil and administrative law, and developers of the science “administrative tortology”.

The article within the framework of measures of administrative legal compulsion stands and examines the complex preventive and punitive measures applied by the Federal service for supervision in education and science during the state control and supervision over educational institutions. On the basis of a comprehensive analysis of Federal legislation regulating the selected set of measures, administrative and punitive procedures used by Rosobrnadzor are systematized. The article highlights the legislative inconsistency in the application of administrative responsibility for non-fulfillment or improper fulfillment of mandatory educational requirements. The article justifies the need to introduce such a measure as “court submissions on taking measures to eliminate the causes and conditions that contributed to the failure to comply with orders to eliminate violations of mandatory requirements of the established type” and a number of special administrative procedures that regulate the application of this measure.

Draft laws introducing significant changes to the institution of administrative responsibility have significant shortcomings. They only declare their connection with the previously published Concept of the new Code of the Russian Federation on Administrative Offenses. The legal nature of the activities of judges carrying out proceedings on administrative offenses has not been determined. Allegedly, the legislation on administrative responsibility has been brought into conformity with the Constitution of the Russian Federation. There is a lack of consistency in filling out legal gaps and conflicts in regulating the procedure for bringing toadministrative responsibility and applying measures to ensure administrative proceedings against persons with special legal status. The new definition of an administrative offense is criticized. The arguments in favor of the term “public danger” are considered. Attention is drawn to the need to take into account in the legislation on administrative responsibility the private and private-public procedures for initiating cases of administrative offenses.

The article gives a brief historical description of the role of the court in the collection of evidence. The arguments in favor of strengthening the role of the court for the recovery of evidence are presented. In particular, the Author substantiates the conclusion that it is necessary to impose on the court the obligation to independently demand evidence in civil proceedings. The Author comes to the conclusion that strengthening the role of the court in the process of proof in civil proceedings are dictated by the requirements due to the many flaws in civil procedural law, the unequal social status of participants in the process, making decisions not in accordance with actual circumstances of the case.