SCO CONVENTION ON INTERNATIONAL SCIENTIFIC AND TECHNICAL COOPERATION: DISCUSSION OF A PROPOSAL

Modern processes of geopolitical, socio-economic development of states and the global economy requirethe intensification of scientific and technical cooperation within the framework of regional associations,which include developing countries. This is necessary for the transition from a resource-based economy to aknowledge economy and a significant improvement in the welfare of the population.Unfortunately, despitethe presence of appropriate prerequisites, scientific and technical cooperation between the member states ofthe Shanghai Cooperation Organization is extremely poorly developed.It seems that one of the reasons forthis is the absence of a convention document regulating in detail various aspects of cooperation in the areaunder consideration.The necessity of development and adoption of the Shanghai Cooperation OrganizationConvention on international scientific and scientific-technical cooperation is substantiated.It is proposed toinclude in this document the goals and principles of international scientific and technical cooperation, ruleson a permanent SCO body on international scientific and technical cooperation, provisions on financialsupport for scientific and technical cooperation, framework norms on the legal regime of territories ofadvanced scientific and scientific-technical development, as well as the norms disclosing the legal status ofparticipants in international scientific and scientific-technical cooperation.

THE DOCTRINE OF “REMOVING THE CORPORATE VEIL”: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION AND JUDICIAL PRACTICE OF RUSSIA AND SOME ASIAN COUNTRIES

In this article, the authors aimed to give a comparative legal analysis of the doctrine of “removing thecorporate veil” in the context of legislation and judicial practice of the Russian Federation and some Asiancountries (People’s Republic of China, Indian Republic). In the process of studying this problem, it wasconcluded that there are similar norms in foreign legislation with Russian ones on the prohibition of usingthe legal status of a company for the purpose of abuse of law, on the prohibition of affiliation, as well as adiscussion rule on the full joint and several liability of the sole founder of a limited liability company. Inaddition, the conclusion is made about the increasing use of this doctrine in the country of an atypical legalfamily for it — the People’s Republic of China. Based on the materials of the judicial practice of the Republicof India, an attempt has been made to classify this doctrine according to the criterion of the purpose of abuse:in the case of a limited approach, the responsibility of the controlling persons is assigned in the case of theinitially fictitious purpose of creating a legal entity, and in the case of an unlimited approach — for any unfairaction using the limited liability structure of the founder (participant) of the company for its debts.

CRIMINAL LAW PROTECTION OF RELATIONS ARISING IN CONNECTION WITH INSOLVENCY (BANKRUPTCY) IN THE EURASIAN ECONOMIC UNION: COMPARATIVE LEGAL RESEARCH

The Treaty on the Eurasian Economic Union (EAEU) was signed on May 29, 2014 in Astana by thePresidents of Russia, Belarus and Kazakhstan. It came into force on January 1, 2015. Currently, the fivemember States of the Eurasian Economic Union, in addition to ensuring the freedom of movement ofgoods, services, capital and labor, have set the goal of conducting a coordinated, coordinated or unified policy in economic sectors. Insolvency, being an objective economic phenomenon characterized by an acuteconflict of interests of participants, needs an effective system of protection, including criminal law. In thispaper, the author analyzes the current criminal law norms on liability for crimes in the field of insolvency(bankruptcy) in Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. On the basis of the general historicaland theoretical development of criminal legislation in the post-Soviet space, reflected in the Model CriminalCode of the CIS member states, the author highlights the features of criminal law norms formed during theperiod of independent lawmaking of all states. Based on the conducted research, the author comes to theconclusion that the possibilities of unification of criminal legislation on liability for crimes in the field of nonproperty (bankruptcy) for the Union states have not been lost. Such integration should become one of thepriority areas for improving criminal legislation.

ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE

The article provides an analysis of the sources of obtaining evidentiary and other information necessaryfor the investigation body, the prosecutor (state prosecutor) and the court to implement the provisions on theconfiscation of property under Art. 104.1 of the Criminal Code of the Russian Federation. With examples fromthe judicial practice of the federal court and the positions of the Supreme Court of the Russian Federation,set out in the Resolution of the Plenum, the issue of obtaining information from electronic databases aboutthe property status of a participant in criminal proceedings is considered. The possibilities of GAS “Justice” ofPI “Judicial record-keeping” on the issues under consideration are revealed. The conclusion is substantiatedthat the conclusion that electronic databases can and should be used as a source of obtaining data for thecircumstances to be proved in a criminal case. Taking into account the provisions of Articles 73 and 74 of theCriminal Procedure Code of the Russian Federation, the place and type of information received, using theseelectronic databases, in the evidence system in a criminal case, is determined. The conclusion is substantiatedthat the list of compositions (articles) of the Criminal Code of the Russian Federation, according to which itis possible to apply confiscation by a conviction of a court, is practically unlimited, and, to be more precise,is limited only to the list of articles of the Special Part of the said code.

QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

PROSPECTS FOR INTERNATIONAL SCIENTIFIC AND SCIENTIFIC-TECHNICAL COOPERATION IN THE CONTEXT OF THE NEW TECHNOLOGICAL REALITY

The research is aimed at finding ways to fill the regulatory vacuum in which digital technologies develop.The article provides an assessment of the positive and negative impact of digitalization on public relations,highlights the problems associated with the legal regulation of public relations complicated by the use ofdigital technologies or the participation of artificial intelligence, analyzes the degree of knowledge of theproblem in legal science and the proposed models of legal regulation of digitalization. The authors haveconcluded that the development of digital technologies demonstrates a long-term trend towards a decreasein the protective abilities of existing legal institutions, and therefore, a public request is formed for theisolation in the system of international scientific law of a set of legal norms regulating scientific and technicalcooperation in the digitalization of science and study of informatization processes.

INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT

The article examines the problems of the tactics of interrogating the defendant when the court considerscriminal cases of violent crimes against the person. The urgency of such a study is substantiated. Theimportance of the interrogation of the defendant in the establishment by the court of the circumstances ofthe criminal event in question is noted. Typical situations of judicial investigation are determined, dependingon the position of the defendant. The differences of such situations from investigative situations emerging atthe stage of preliminary investigation are revealed. The features of investigative situations of interrogation ofthe defendant, their significance for the construction of the tactics of the judicial investigation are considered.The peculiarities of the formation of the testimony of the defendant during the judicial examination ofcriminal cases of violent crimes, the factors influencing their formation are revealed. Highlighted the typicalversions put forward by the defense when the court is considering criminal cases of violent crimes. Tacticalrecommendations for organizing the interrogation of the defendant are formulated, the circumstancesthat require clarification during interrogation are indicated, tactical techniques that can be used by theprosecution to ensure the effectiveness of the interrogation are determined.

RESPONSIBILITY OF OFFICIALS OF PUBLIC AUTHORITIES FOR VIOLATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

The article is devoted to the problems of bringing officials of state authorities and local self-governmentto responsibility for violating the procedure for considering citizens’ appeals. The author analyzes themodern legislation regulating the procedure for consideration of appeals and providing for the responsibilityof officials of public authorities for violation of this procedure. The article has a certain scientific and practicalvalue, since it identifies the problems of bringing to responsibility for violations of the law on citizens’ appeals,provides examples from judicial practice and draws conclusions about the need to improve the level of legal culture of citizens and officials of state and municipal bodies and the importance of the principle ofinevitability of punishment for the preparation of poor quality answers to applicants.

CATEGORIES OF LITIGATION IN CASES OF PROTECTING THE ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

The article examines the main types of electoral disputes considered by Russian courts in recent years.Illustrated by examples of court disputes on appealing decisions of election commissions on registration orrefusal to register candidates for elections of deputies of legislative (representative) government bodies of the constituent entities of the Russian Federation and local government bodies, senior officials of the constituententities of the Russian Federation (heads of the supreme executive body of state power of the constituententity of the Russian Federation), appeal against the registration of candidates (electoral associations) inconnection with violations committed during the campaign, as well as violations during voting and theestablishment of the results and results of elections. Based on the analysis of the established judicial practice,some amendments to the electoral legislation have been proposed

THE PROCESS OF DIGITALIZATION IN ADMINISTRATIVE COMMISSIONS OF LOCAL GOVERNMENT

The article is devoted to the investigation of issues related to the introduction and implementationof digital technologies in administrative commissions of local government, through a comprehensivereview of the theoretical, legal foundations, as well as the practice of applying new technologies. Duringthe introduction of digitalization into the daily activities of public authorities, the investigation of newmanagement processes in specific areas, in particular, in organization process in administrative commissionsunder the administrative body of local government plays an important role. Based on the analysis oftheoretical investigation, legal acts regulation and practice some suggestions are being made, aimed toimproving the digitalization process in the organization of administrative commissions of local governmentin Barnaul.