The article deals with the problem of ideological scientific sources of the first technologies of power. The myth of the «machine of power» was born simultaneously with the myth of digital management of the society. The first rational foundations of the concept of technological process were developed by thinkers of the Renaissance and the Modern Тimes. The first technological revolutions changed approaches to the problems of politics and law. Deep spiritual and intellectual processes were conceptualised in legislation and political technologies. The magic of managing things and people formed the basis of the Mega-machine that had been evolving since ancient times till the Modern Times. Even contemporary technologies of control and governing contain the elements of magicism reduced to technical manipulation of individuals and entire masses. A number, figure and manipulation form the heart of political technologies.

The author argues that it is necessary to amend the current legislation of the Republic of Tajikistan, namely, the procedure provided for registration of data regarding parents and child birth registration when the child is born as a result of application of assisted reproductive technologies after the death of the parent in order to make the child the participant of the relations based on inheritance. The author substantiates the conclusion that the child born after the death of the testator, after the distribution of hereditary property had taken place, will not be able to act as the participant of this hereditary relationship. However, being recognized as a legitimate child of the deceased parent, he or she will be entitled to participate in inheritance relations in future.

The conclusion is made about ambiguity of the approach chosen by the Tajik law-maker depending on the branch of law to the category «child in the womb» when determining problematic aspects of defining of live birth and vitality of the child for the purpose of referring the child to the participants of hereditary legal relations.

The author investigates the problems of including the child into the number of participants of hereditary legal relations in antiquity. A historical review is carried out, and separate categories of marriages created in the territory of historical Tajikistan for the purpose of the child birth in order to transfer inheritance are considered. The author has determined that Zoroastrian law allowed the child born from the deceased person prior to the conception of the child to participate in hereditary legal relations as if the child were native and would be born during the life of a «legal» father. There were no legal obstacles for a child born in this case preventing him or her from receiving inheritance The beginnings of «traditional» surrogacy motherhood in the territory of historical Tajikistan are determined.

The article is devoted to the analysis of the problems connected with the law-making function of court practice in family disputes. The history of this function, which is not one of the classic types of judicial activity, has several factors: paticularities of family legal relations, situational nature of the majority of family law norms as a key prerequisite for broad judicial discretion in its various forms — concretization, interpretation, subsidiary application of the legislation, application of analogy, conflict resolution that in some cases can be qualified as legal stances of normative type. As an illustration, the provisions of a number of current rulings of the Supreme Court of the Russian Federation on family matters are offered.

It is noted that the purpose of the rule-making approaches applied in the court practice involve primarily considerations of fairness in relation to expediency. At the same time, firstly, the criteria for choosing situations for the formation of a trend towards a fair resolution of family disputes of a certain category are not quite clear; secondly, the legal approaches under consideration do not exclude a direct conflict with the family law; thirdly, they remain in the status of recommendations for decades instead of being modified within a reasonable time and transformed into an improved family legislation.

The author associates himself with the scholars who consider it necessary, if judicial law-making is inevitable, to regulate its grounds, criteria and procedure directly via civil procedural and/or other laws.

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

In the paper the author attempts to define the legal nature of relations regarding establishment and introduction of taxes and fees in the Russian Federation. The author refutes the traditional ideas about the absolute model of such legal relations, as the alleged circle of obligated persons does not have the potential to prevent implementation of the sovereign right of the authorized party. It is concluded that relations concerning the imposition of taxes amount to general regulatory relations with broader legal relations, where the right of the authorized person corresponds to the legal status manifesting connectedness, dependence of the opposing subject as the actions of the authorized entity inevitably affect his or her interest. The author identifies the subjects (participants) in such relations and analyzes the peculiarity of their interaction that is manifested in a bilateral (mutual) legal relationship. The paper demonstrates the rights-obligations status of the participants of such relations through direct and reverse legal relations. The State acts not only as a holder of power, but also as the main guarantor of the rights and legitimate interests of all citizens. The article scrutinizes the content of the legitimate interest of the taxpayer based on the fundamental principles of tax law and determining the lawmaker’s behavior.

Based on the analysis of the legal relationship between a public law entity and the taxpayer, the author outlines the boundaries of discretionary powers and criteria of discretion of the legislator in the process of imposition of taxes. The tools of reasonable deterrence of fiscal appetite include legal requirements, as well as constitutional and legal justification of legislative decisions.

The author emphasizes the importance of active involvement of the taxpayer in the process of regulatory control of legislative provisions.

For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.

International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);

2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.

Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.

The paper discusses individual advantages and benefits that the digitalization of criminal procedures can provide. The forms of positive use of digital technologies in practice and the possibility of expanding their use are shown. It is proposed to do this by experimental implementation: a) to introduce them in parallel, along with the traditional ones, or b) to use them completely for different stages of the procedure that are most suitable for formalization and programming. There are three groups of criteria that need to be taken into account: objective characteristics of the nature of criminal procedural relations; the possibility/impossibility of formalization of requirements and procedures; the ability to strengthen, rather than reduce the guarantees of human rights, the reliability of the results of knowledge and justice of law enforcement acts. For a systematic transition to these technologies, it is impossible not to take into account that «human abilities» in criminal procedure can not always be formalized to the extent of their replacement by digital technologies.

Anti-corruption is one of the priorities of state policy and the most important activity of law enforcement agencies, which are given a central place in the implementation of anti-corruption legislation and its enforcement. In order to combat corruption and in accordance with paragraph 1 part 1 of the Federal law of 25.12.2008

№ 273-FZ «On combating corruption» the decree of the President of the Russian Federation of 29.062018 № 378 approved the national anti-corruption plan for 2018-2020.

Bribery, which is the core of economic and legal violations, occupies a special place in the structure of corruption crime. The number of crimes on the registered facts of bribery is constantly growing and deviation from the norms is transformed into an acceptable norm that contradicts the interests of the civil service and state power.

Considering bribery as a type of economic criminal offense, the author proposes an analytical decomposition of crimes committed in the period 2001-2015, the natural trends and random deviations from the trend. New coverage of crimes consists in building statistical relationships, dependencies and interdependencies between contractors, which are governed by the ideology of Law and Economics. An interdisciplinary approach aimed at improving anti-corruption measures expands the scientific and methodological potential of bribery research.

As a measure of dependence, correlation and regression coefficients are used in the microsystem of the transaction organized without intermediaries. The axiom of a «bribe» is offered, increasing the cost of the service of the bribetaker and distributed subsequently by the bribe-giver on consumers of the benefits created by it.

The tested procedures can be used to create mechanisms for promoting anti-corruption values and scientific support of anti-corruption.

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.

The main purpose of the paper is to develop a unified classification of the states of the world according to the form of government. The author considers the existing approaches, and the classification of the world states in the form of government in the theory and practice of state-building.

Further, the author gives examples of states whose forms of government cannot be classified within the framework of traditional approaches. To solve this problem of classification, the author proposes, in addition to the typical (traditional) forms of government — monarchy and republic, to allocate atypical forms of government — a monarchy with a republican element and a republic with a monarchical element, and within the republican form of government, in addition to the traditional (classical) varieties — presidential, parliamentary and semi-presidential republics. It is proposed to allocate non-traditional (non-classical) varieties — hybrid, superpresidential, socialist and Islamic. In addition, the author distinguishes the mixed republic in two varieties (semipresidential and semi-parliamentary republics) as a kind of watershed between traditional and non-traditional varieties of the republican form of government. Within the framework of the paper, the author also touches upon the question of correlation of the categories «form of government», «state and political regime», concluding that they are independent but interrelated categories. In conclusion, the author summarizes the findings of the study and, for clarity, offers a scheme of his own approach to the classification of the States of the world in the form of government.

The paper is devoted to the consideration of current theoretical and practical issues of legal regulation of land and property relations in the territories of resorts in the Russian Federation. The relevance of the research topic is due to the imperfection of the current land and special legislation governing these relations, which leads to numerous violations of the legal regime of the land resorts, land and property rights of individuals and public interests, as evidenced by judicial practice. Based on retrospective analysis of land and environmental legislation of the Russian Federation, materials of law enforcement practice and scientific developments, the paper considers both theoretical problems of limiting the turnover of land within the territory of Russian resorts, and the problems of the application of legislation in practice, including in judicial practice. The author shows the inefficiency of the current legal regulation of land and property relations within the territory of resorts, the main reasons for the situation, the ways to improve land and special legislation in this area. It is concluded that the unjustified restriction of land turnover within the boundaries of the territories of resorts and the delimitation of state ownership of the relevant land, depending on the classification of the resort to Federal, regional and local significance, which prevents the development of these territories and violates the property rights of the local population and the owners of real estate. The problems of establishing the borders of districts and zones of sanitary (mountain-sanitary) protection of resorts in documents and when being identified on site are shown. The author justifies the conclusion about the need for development of a new scientific technique of definition of borders of the specified districts and zones and on its basis of revision of their existing borders that is necessary for establishment of reasonable restrictions of use and turnover of the parcels of land in borders of resorts is proved.

   Сontinued. See: LEX RUSSICA. 2019. № 4. Pp. 151—169

This paper is the first in Russia comprehensive theoretical and practical study of one of the world’s largest international scientific installations of the «megasience» class — the Large Hadron Collider (LHC) — from the standpoint of legal science.

The author focuses on the unique legal status and legal nature of international scientific collaborations, with the help ofwhichscientistsfromdozensofcountries, including Russia, carry outresearchandmakescientificdiscoveries on the LHC. The paper considers and analyzed the following: the history of development, general principles of the LHC and the European organization for nuclear research (CERN), under the auspices of which its construction was carried out; the principles of the structure and functioning of international scientific collaborations around the LHC; the legal nature of their constituent documents as acts of soft law; the ratio of soft and hard law mechanisms in the regulation of international scientific collaborations around the LHC.

The final section presents data and proposals on the use of the legal mechanisms studied in other countries and international organizations, including for the purpose of the construction of scientific installations of the «megasience» class under the auspices of the national scientific organizations of Russia and the Joint Institute for Nuclear Research in Dubna (Moscow region).