Law

Introduction. The article examines the legal nature of judicial reconciliation with the participation of a judicial conciliator (hereinafter referred to as judicial reconciliation), and highlights the debatable nature of the topic under consideration. The authors state that it is necessary to disclose the legal nature of judicial reconciliation in order to clarify its place in the legal system of Russia and to identify functional links with other related institutions of substantive and procedural law. Problem statement. The article argues that the success of the introduction of the institution of judicial reconciliation into legal practice depends on the disclosure of its legal nature in the system of human rights tools and mechanisms. At the same time, the ambiguity of the term of “legal nature” itself contributes to uncertainty in this matter. It is proved that the content of the term of “legal nature” includes various signs of the phenomenon, which must be consistently disclosed in the process of cognition. The authors emphasize that the legal nature of judicial reconciliation is complex, dualistic. This is expressed in a combination of judicial (jurisdictional) and extra-judicial (non-jurisdictional, alternative) characteristics, which is clearly revealed in the dualism of the legal status of the judicial conciliator. Theoretical and empirical analysis. The analysis of the legislation shows that, on the one hand, a judicial conciliator is a former judge who has extensive practical experience in legal proceedings and a vision of the prospects for resolving the case; on the other hand, the judicial conciliator, while remaining part of the judicial system, is free from rigid conservativecorporatist judicial discipline when conducting judicial reconciliation and can, without excessive formalism and substantive resolution of the case, offer the parties mutually benefi cial reconciliation conditions, under which the legal confl ict will be resolved. Results. The authors conclude that the duality of the legal nature of judicial reconciliation is due to the convergence processes that take place in the Russian law and trends associated with the change in the confi guration of the judiciary.

One of the most relevant and at the same time problematic areas of protection of housing rights in Russia is the protection of the rights of citizens during relocation from dilapidated and unsafe housing. The resettlement from the uninhabitable housing stock is one of the most important areas of the social policy of the Russian Federation. At the same time, the process of resettlement of citizens does not always and not in all subjects of the Russian Federation proceed without conflict and in compliance with the requirements of federal legislation. The rights of citizens are often violated by local governments responsible for their resettlement, which forces them to resort to judicial and other legal protection procedures. Theoretical analysis. The introduction of amendments to the Housing Code of the Russian Federation in terms of the introduction of part 8.2 of article 32 created legal uncertainty in understanding the development of housing legal relations over time and the content of the principle of retroactive effect of the law. In practice, this has led to numerous litigations between local governments, that insist on the need for direct application of this rule, and citizens who have acquired ownership of residential premises in houses recognized as unsafe and have lost the right to receive new housing instead of uninhabitable. Empirical analysis. It was revealed that the courts of the first appeal and cassation instances, when considering the same category of cases, apply the norms of part 8.2 of article 32 of the Housing Code of the Russian Federation in different ways. In some cases, the courts took the side of local governments, defining housing relations as continuing in time, others defended the positions of citizens who appealed to the facts of acquiring housing and including them in regional departmental resettlement programs before the relevant changes to housing legislation were made. An important role in eliminating uncertainty in judicial practice was played by the Supreme Court of the Russian Federation, which, by its decision, confirmed the correctness of the positions of citizens. Results. The authors proposed the directions for improving the current housing legislation, which, according to their opinion, will ensure, among other things, the observance and protection of the rights of citizens.

Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

Separation of powers in the Russian federal state requires the defini‑ tion of authority and competence of the executive authorities of the Russian Federation and federal entities. With the implementation of joint of powers must be interaction between the executive bodies of state power