Saratov State Academy of Law

The institution of appeal within the Russian civil procedure is relatively young and has been undergoing various changes to date in the course of various reforms, taking into account its specific features in relation to civil, arbitration or administrative proceedings. In this regard, the theoretical foundations for constructing appellate models in comparative legal and historical aspects represent an important area for research. In a historical context it is interesting to look at the transformation of the German appellate model from its inception within the Civil Procedure Code to the present day. A study of the reasons for this metamorphosis and the historical and legal prerequisites for justifying the phenomenon can be useful in attempting to identify a number of general patterns, on the basis of which the process of appellate modeling of any system becomes clearer. The study was based on the hypothesis that appellate modeling cannot be an autonomous process and should not occur in isolation from the specifics of the formation and functioning of proceedings in the court of first instance. In the work the goal was to trace the process of formation and transformation of the appellate model of Germany in historical, hermeneutic and legal cultural aspects in comparison with similar models of France and Austria, as well as taking into account the analysis of legislative materials prepared during the development of the relevant procedural regulations (codes). It is concluded the process of changing the appellate model cannot be carried out in isolation from the mirror process of changing the judicial model of the first instance: an incomplete appeal is impossible in the conditions of an underdeveloped institution of judicial management of the case. The process of legislative transformation of the appellate model is inversely proportional to the transformation of the judicial model of case consideration in the court of first instance. The findings may be applied to the analysis of the Russian appellate model to explore potential avenues for its adjustment

The study examines the positions of scientists and conditions of current legislation, covering the essence and experience of artificial intelligence in relation to public administration. Using the example of the implementation of the virtual assistant robot Max on the portal for state and municipal services, existing examples of the integration of artificial intelligence technologies into public administration in the Russian Federation are noted. The author proposes the improvement of digital support for citizen interaction with public authorities by introducing the «Obrashchenie.RF» platform. This platform will enhance the process of submitting, accepting, and reviewing citizen appeals, and will also contribute to increasing the effectiveness of control over this activity by authorized bodies and officials. The advantages of the proposed platform implementation, as well as potential risks and methods for their prevention, have been identified. The author concludes on the expediency and favorable consequences of implementing neural network technologies used in the review of citizen appeals and having potential for the improvement of the efficiency of public administration.

В статье рассматривается эволюция понятия «антикоррупционные стандарты» в международном и национальном праве на примере законодательства государств — участников СНГ и Российской Федерации. Автор прослеживает трансформацию данного термина от широкого понимания как системы гарантий, ограничений и запретов в различных сферах правового регулирования к его современной интерпретации в качестве индивидуально-определённых требований к поведению должностных лиц. Обосновывается необходимость унификации терминологического аппарата и введения понятия «антикоррупционные стандарты поведения». Особое внимание уделяется анализу структуры данных стандартов, разграничению смежных правовых категорий («ограничения», «запреты», «обязанности»). Автором выявлены проблемы законодательной техники, связанные с подменой понятий, неопределённостью правовой природы ограничений и фрагментарностью закрепления служебных обязанностей антикоррупционной направленности. В целях оптимизации правового регулирования предложено провести ревизию служебного законодательства, разграничить ограничения (обстоятельства, препятствующие замещению должности) и запреты (составы противоправного поведения), а также систематизировать статусные обязанности государственных и муниципальных служащих в целях формализации составов коррупционных правонарушений. The article examines the evolution of the concept of "anti-corruption standards" in international and national law using the example of the legislation of the CIS member states and the Russian Federation. The author traces the transformation of this term from a broad understanding as a system of guarantees, restrictions and prohibitions in various areas of legal regulation to its modern interpretation as individually defined requirements for the behavior of officials. The need to unify the terminological apparatus and the introduction of the concept of "anti-corruption standards of behavior" is justified. Particular attention is paid to the analysis of the structure of these standards, the delimitation of related legal categories ("restrictions," "prohibitions," "obligations"). The author identified problems of legislative technology associated with the substitution of concepts, the uncertainty of the legal nature of restrictions and the fragmentation of the consolidation of official duties of an anti-corruption orientation. In order to optimize legal regulation, it was proposed to revise the official legislation, delimit restrictions (circumstances that impede the position) and prohibitions (compositions of illegal behavior), as well as systematize the status duties of state and municipal employees in order to formalize the composition of corruption offenses.

Relevance. The centuries-long successful implementation of deferment of sentences does not obviate the need to define its legal nature. Effective application of the norms of this institution is impossible without developing a scientifically grounded approach to addressing this issue. The results obtained will help define the nature and scope of deferment, establish its place within the legal system, thereby laying the foundation for improving the content, technical and legal framework of this criminal justice measure, as well as its effective application in practice. The purpose of the study is to determine the legal nature of deferment of sentence. Obje с tive: to identify and systematize scientific approaches to understanding the legal nature of deferment of sentence; to reveal the characteristic features of deferment as part of release from punishment, to determine its institutional properties, and to formulate the author's vision of the legal nature of deferment of sentence. Methodology. When writing the work, the methods of deduction, classification, analysis and synthesis, a systems approach, dialectical and formal-legal methods of cognition were used. Results. This study identifies the characteristic features of a deferment as part of a release from punishment, and attempts to define its institutional properties. Based on the results of this work, the author formulates a perspective on the legal nature of a deferment of punishment. Conclusion. The postponement of serving a sentence is of a legal nature: 1) it expresses the state's socially and humanistically oriented refusal to actually carry out the imposed punishment, which is implemented in two stages when the court is convinced that the convicted person's public danger has significantly decreased, provided that the convicted person successfully completes the test imposed on them based on their legal status and maintains control over their behavior; 2) is an intersectoral sub-institution within the framework of the institution of release from serving a sentence, formed by the norms of criminal and penal law; 3) acts as another measure of a criminal-legal nature and simultaneously serves as a manifestation of differentiation and individualization of criminal liability; 4) has a stimulating and rewarding orientation, ensuring its special social and legal purpose.