Keyword: «judicial practice»

The article provides a comprehensive analysis of the institution of compulsory medical measures in the criminal law of the Russian Federation. It examines their legal nature, goals, features, and regulatory aspects, taking into account the provisions of the Constitution of the Russian Federation, criminal, criminal procedural, and penal legislation. Special attention is given to the judicial practice of applying these measures in the Bryansk Region, as well as to identifying problems in law enforcement and possible solutions. The article concludes that there is a need to improve legal regulation and strengthen judicial control in the application of compulsory medical measures.

The article is devoted to the study of the institution of a continued crime in Russian criminal law. The relevance of the topic is due to the lack of a legal definition of a continued crime in the Criminal Code of the Russian Federation, which leads to inconsistent judicial practice and errors in qualification. The purpose of the work is to identify the criminal law nature of a continued crime, the problems of its classification, and to develop proposals for improving law enforcement. The research methodology is based on formal legal, comparative legal, and systemic approaches, as well as on the analysis of judicial practice. The article examines the concept and main features of an ongoing crime (common intent, identical actions, common goal, and temporal duration); it distinguishes it from related categories (conspiracy, repetition, and continuing crime); and it analyzes the problems of qualification when the method, object, and qualifying features change. Based on the analysis of specific court cases (the verdict of the Oktyabrsky District Court of Kirov, and the appellate ruling of the Supreme Court of the Russian Federation), typical errors in law enforcement related to proving a single intent have been identified. A comparative legal analysis has shown that similar or related concepts exist in foreign legal systems (Germany, England, and France). In conclusion, it is proposed to legally establish the concept of an ongoing crime, clarify the criteria for distinguishing between them in a resolution of the Plenum of the Supreme Court of the Russian Federation, and introduce an rebuttable presumption of a single intent. The results of the work can be used in law enforcement activities and in the preparation of proposals for improving criminal legislation.

The article examines the problems and prospects of the development of the institution of ownership in Russian law, considering foreign experience. The current civil, land, and housing legislation is analyzed, as well as judicial practice on the protection of ownership and the statute of limitations. It is proved that the lack of a legal definition of ownership in Russian legislation and a clear system of its types creates doctrinal and law enforcement difficulties. Based on a comparison with the German and Dutch models, directions for improving Russian legislation are proposed, including the normative consolidation of the general concept of ownership and clarifying the rules on joining the limitation periods of ownership. The conclusion is made about the need for a systematic registration of ownership as an independent institution of private law.

The article examines the correlation between the right to privacy, the right to information, freedom of expression, and personal data protection in the context of digitalization. It analyzes the Constitution of the Russian Federation, civil, information, media, personal data, criminal and criminal procedure legislation, as well as Russian judicial practice and the case law of the European Court of Human Rights. The study substantiates the need to balance constitutional values through criteria of legality, consent, public interest, and proportionality. It identifies gaps in defining private life information and regulating access to digital correspondence, proposing legislative amendments to improve legal certainty.

The article analyzes current issues of legal regulation of residential commercial tenancy agreements in the Russian Federation. It examines legislative gaps related to the absence of a statutory definition of commercial tenancy, uncertainty of the parties’ legal status, imbalance between landlord and tenant rights in contract termination, difficulties of state registration of long-term leases, and allocation of utility payment obligations. Particular attention is paid to judicial practice and the legal positions of the Constitutional Court of the Russian Federation. The author substantiates the need to improve Chapter 35 of the Civil Code through targeted amendments ensuring legal certainty and balanced protection.