Moscow University Law Bulletin. 2019. 4.

The article is devoted to the problems of assessing the limits of action of intersectoral prejudice in qualifying crimes in Russia and Germany. The authors analyze the legal positions of the Constitutional Court of the Russian Federation on this issue and come to the conclusion that, due to the substantial difference in the goals and objectives of criminal and civil processes, intersectoral prejudice in qualifying crimes must be refutable.

The article discusses trends in the improvement of criminal legislation, providing for responsibility for transport and related crimes. It noted a pronounced dynamics, which adversely affects the stability of the legislation, and also gives rise to problems of qualification and law enforcement. Approaches and solutions to these problems are proposed in order to reduce the marked dynamics, given the potential legal techniques and the principles of the codification of legislation.

The article discusses current legal issues related to transfer of persons suffering from mental disorders for compulsory treatment, analyzes current legal norms of post-Soviet countries on this issue, in particular norms of international treaties and norms of the CPC. It is noted that transfer of persons suffering from mental disorders to conduct compulsory treatment is one of the new areas of international cooperation in the field of criminal procedure. In post-Soviet countries, there are many problems — from regulation of these issues in national legislation to the implementation of standards in this direction. On the basis of comparative legal analysis of legislation in post-Soviet space and scientific doctrine on this issue, the concept of transfer of persons suffering from mental disorders is given.

Constitutional Court of the Russian Federation is not endowed with special powers for judicial review over the reform of the Russian Constitution, but in practice it expressed a number of positions on the fundamental impossibility of exercising review in some cases, as well as the possibilities and limits of review in others. The article analyzes the practice of the Constitutional Court and makes suggestions for endowing the Constitutional Court with this authority.

The article is devoted to the peculiarities of administrative and legal regulation of the organization of the healthcare system and medical services in the Russian Federation. The author analyses the problems and prospects of improvement of legislation on health care, taking into account the development of law enforcement in the field of health legal relationship.

The article is devoted to the methodological features of Western European legal thought and legal science in the XVII century. The methodological matrix of jurisprudence is enriched by many methods that have been known since antiquity, but did not find application in the context of legal science. The author concludes that it was in the XVII century that the methodological apparatus of modern jurisprudence entered the stage of its active formation, becoming a cognitive foundation for the emerging theoretical and branch legal disciplines.

The article is devoted to the analysis of consequences of application of the mixed member representation and parallel voting. During the study of the practice of parliamentary elections in the Federal Republic of Germany and the Russian Federation, as well as the study of the positions of the constitutional review bodies, revealed the distortion of proportionality arising from the distribution of mandates. The attitude to these distortions in each of the systems allows us to refer the German model to the systems of proportional representation, and the Russian version of the mixed system to the majority systems.

In this article, the author considers the legal forms of investment activities carried out with the participation of the constituent entities of the Russian Federation in industry, for which special investment contracts, tax incentives, budget subsidies and loans are provided, which are enshrined in both federal and regional legislation.

The article deals with the issue of legal counteraction to cyberattacks committed anonymously in computer systems and networks. In reviewing examples of cybercrime in world practice and analyzing the international legal regulation of the global information sphere, the author justifies the need to assign a unique identifier to each user, through which it will be possible to record and promptly receive data on illegal activities in the computer network.