The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.
The purpose of the research is to identify contemporary trends in the transformation of environmental law due to the global and supranational nature of the existing challenges and threats. General scientific methods (dialectical, logical, empirical and prognostic), interdisciplinary (private) methods (system analysis, comparative analysis), as well as special (specific) research methods (comparative legal and formal legal). Based on the research results, the conclusion is formulated, according to which, the specifics of the environmental events, that have occurred, require a radical change in the very paradigm of environmental law, the implementation of a new contemporary environmental policy, the development of environmental standards taking into account the best existing technologies, the transition from the concept of “regulating the negative impact” of economic activities on the environment to a new concept of obtaining “technological advantages due to the use of environmental technologies”. The research novelty lies in the fact that for the first time an attempt was made to identify current trends in the transformation of environmental law in the context of exponentially increasing environmental challenges and threats.
The purpose of the research is to determine the impact of the current administrative and legal regulation of the implementation of administrative procedures for the provision of the non-profit organisation state registration services on the scope of discretionary powers of the public administration in the provision of this service. The methodological basis of the research is created by modern philosophical, general-scientific and special-scientific methods of cognition including dialectical, logical, formal-legal, systemic and statistical methods, as well as analysis, description, synthesis and interpretation. The research results were the conclusions from the analysis of the administrative and legal regulation of administrative procedures for the provision of the non-profit organisation state registration services. Thus, in particular, the discrepancy between a separate provision of the administrative regulation on the provision of the non-profit association state registration services with the current federal legislation was identified and a proposal to amend it was formulated. In addition, it was concluded that the detailed regulation at the sub-legal level of the procedure for the implementation of administrative procedures for the provision of public services has a negative impact on the scope of discretionary powers of public administration bodies. The research novelty lies in the adopted methodological approach to the analysis of the overseas experience in legal regulation of the implementation of administrative procedures by public administration bodies and the conduct of a comparative legal study of regulation of the implementation of administrative procedures for the provision of public services in Russia and in the European Union member states.
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