This article makes a comparative analysis of John Austin's legal positivism and the concepts of American legal realism, which is necessary for evaluating new legal-theoretical theories and developments and is the basis of this study, which compares Austin's progressive ideas with the realistic ideas of the twentieth century. The main task of the article is to consider the most important points of similarity and difference between legal realism and the philosophy of positive law of John Austin in order to identify their unity. It also helps to determine whether Austin's ideas influenced the concepts of legal realists, given the fact that they were formed in the context of the Anglo-American legal family.

As a result of the study, the following results were achieved, and the following conclusions were made.

There are realistic elements in Austin positivism, and in legal realism there are positivist aspects. Austin and the realists shared an empirical orientation that led to other similarities in their ideas. Although they defined the importance of conceptual clarity and accuracy in different ways, they shared an understanding of the importance of this aspect for legal theory and practice. They have developed concepts of law that are similar in a number of aspects, moreover, their approaches to the assessment of law demonstrate a common focus on the result of legal regulation.

At the same time, the intellectual and professional orientation of Austin, the philosophical and theoretical foundations of his teaching, the social, economic and political conditions of the society in which the ideas of the English scientist were formed, significantly differed from the foundations of the formation of legal realism in the United States. These differences are reflected in numerous trends of the realist movement, which have no analogues in the jurisprudence of Austin. First, the realists approached the definition of law more pragmatically than Austin. Secondly, the realists developed a concept of the law, which paid special attention to the decisions of officials.

Legal realists have formulated numerous theories, differing in variety, which Austin in no way anticipated. The reasons for these differences vary. On the one hand, Austin and the legal realists set themselves the same tasks, came to the need to find answers to the same key questions of jurisprudence, but gave different answers to these questions. Despite the fact that Austin was a positivist who tended to believe that law is those rules that come from the sovereign and must be strictly observed and enforced, he recognized the existence of rules that do not come from the person and not from the state. However, while Austin associated law primarily with power (man or God), and not only with the state, legal realists emphasized the connection of law with society through the state. Understanding the unity and differences between the ideas of Austin and the legal realists is necessary not only for an objective assessment of legal realism, but also for understanding the significance of legal positivism in modern legal science.

The relevance of interest in the problems of system analysis and the methodology of systemic knowledge of law is due to the change and expansion of the volume of the right array and the increase in the number of complexly organized objects to be analyzed as independent system objects  as part of systems. Applying a systems approach to the study of such objects and to the analysis of law in general, it allows us to consider legal phenomena as part of systems, which contributes to the understanding of law as a “multifactorial legal reality”, and to study legal matter interlinked with other phenomena similar to law and features of its environment (socio-political, economic , spiritual and cultural) as an integral dynamic phenomenon, taking into account the influence of external factors on it [22, Pp. 94].

As an abstract form of review of law, the system of law serves the holistic perception of law on the basis of determining its elements, their functional properties and establishing links between them[23, Pp. 1- 6]. The purpose of this study is to use a systematic approach, system-structural and system-functional methods of cognition, to determine not only the structural elements of the legal system, their properties and functions as independent legal phenomena, but also their role and significance in a unified system of law and the nature of the links between them.

In the course of the study, the following results were achieved and the following conclusions were drawn:

1. The study of the system of law and its individual elements through the prism of the system provides not only an understanding of the internal properties and connections of law with other structural elements of the system, but also a deeper understanding of the essence of legal phenomena in the system of law as a whole and its system-forming factors.
2. The main direction of modern legal development of the Russian system of law is the specialization of legal norms, the subject and method of legal regulation of which do not coincide, but relate to different types of legal regulation. This inconsistency with the type of legal regulation of individual legal communities of the domestic legal system causes theoretical and methodological problems in the construction of the legal system and in determining the legal regime and structural affiliation of mixed legal communities.
3. The definition of the legal nature of the norms of law, established in legal science, within the strict sectoral division, needs to be rethought and adjusted. In particular, the basis for the systematization of legal norms, the content of which is characterized by a combination of different in nature of legal regulation of the subject and method, should be based not only on the generally recognized legal doctrine classification criteria, but other systemic factors and classification criteria determined by the specifics of relations in various spheres of public life and forms their institutionalization.
4. The legal nature of mixed legal formations of the system of law is due to the interpenetration of private and public law principles in the system of legal regulation and will determine the features of the type and regime of legal regulation of such structural elements of the legal system.

The article provides a comprehensive assessment of legislative innovations on the introduction  of notarization of the mediation agreement as a result of mediation services. The authors conclude that it is necessary to introduce new rules for certifying mediation agreements, while identifying the problems of the procedure and rules for notarizing mediation agreements as a way to implement and protect the rights of consumers (parties to the dispute), the legal status of the mediator as a person responsible for conducting mediation services, and the inclusion of agreed terms in the mediation agreement. Elimination of the identified problems and suggestions of ways to overcome them will allow the new institution to develop and become an effective tool in ensuring the implementation of mediation agreements.

The study is devoted to a comparative analysis of the powers of the prosecutor when receiving, checking and resolving a crime report under the current criminal procedure legislation of Russia and Vietnam. Comparative legal research always has the status of relevant, since it allows you to gain new knowledge and solve significant theoretical, legislative and law enforcement tasks at a high degree of efficiency. The purpose of the study is to form a unified methodological approach to determining the procedural position of a prosecutor at the stage of receiving, checking and resolving a crime report, which is objectively justified by modern achievements of criminal procedure science of the Russian Federation and the Socialist Republic of Vietnam, especially relevant in the conditions of building an adversarial model of criminal prosecution [13].In the course of the study, the following tasks were solved: 1) to analyze the criminal procedure legislation of Russia and Vietnam regulating the procedural position of the prosecutor when receiving, checking and resolving a crime report; 2) to identify the general patterns of its (the prosecutor's procedural position) modern development, to determine the similarities and differences in the legal regulation of the prosecutor's procedural activity when receiving, checking and resolving crime reports; 3) to use the accumulated experience of criminal court proceedings to optimize the criminal procedure legislation of the two countries in this part.

Methodology. The methodological basis of the study was the general dialectical method of cognition, as well as special legal ones, including comparative legal, formal-logical, system-functional, statistical and others.

Main results: the presence of common patterns in the legal regulation of the prosecutor's procedural activity when receiving, checking and resolving reports on crimes of the two countries is established; the legislator of both states recognizes the special importance of legal and justified resolution of a crime report for the subsequent stages of criminal proceedings; significant differences in the prosecutor's procedural position are identified, the author's vision of the significance of these differences is given, and conclusions are formulated about the possibility of using foreign experience to regulate the procedural prosecutor in the national legislation [15] of each state.

Investigative practice shows that minors often witness crimes, which, on the one hand, makes it necessary to involve them in investigative actions in order to obtain information; on the other hand, there is a threat to their safety by persons who are not interested in establishing the actual circumstances of the crime committed. The relevance of the conducted research is due to the significance of this category of participants for criminal procedure science and practical law enforcement and the need to optimize a number of procedural actions carried out with their participation.

The article proposes a theoretical model for the participation of young witnesses in investigative actions with unconditional security measures, which involves obtaining the unconditional consent of the legal representative to involve the child in investigative actions; a psychologist's consultation confirming the child's ability to reproduce the information received adequately to his or her age. Participation of a child psychologist in the investigation of a child; warning of all participants in the investigative action about the inadmissibility of disclosing information received during the investigative actions, as well as the data of a young witness. Persons who are aware of the participation of a young witness in the investigation must be warned of criminal liability for the disclosure of this information. Legal representatives are required to report any information related to the expressed interest in and possession of meaningful information about their child.

The purpose is to identify and substantiate the problem of improving the criminal procedure legislation in terms of optimizing the participation of young witnesses in investigative actions while unconditionally providing them with security measures.

The objectives of the study were to study the forms and grounds for the participation of minors in criminal proceedings, to clarify the peculiarities of their behavior in investigative actions, the expediency of attracting minors to participate in investigative actions; analysis and generalization of scientific points of view; research of criminal procedure legislation, in terms of regulating the security guarantees of the participation of minors in criminal proceedings, the formation of their own position on these issues, the presentation of author's proposals.

Methods: dialectical, analytical, comparative, concretization, formalization, modeling, deduction, generalization.

Results:

1) The participation of a minor witness in investigative actions must be conditioned by his role in the committed act. If a minor took part in the commission of a crime, or was present at its commission in a group, the invitation is considered necessary, and the participation of legal representatives of a minor witness is mandatory when conducting investigative actions with him.

2) In the case when a minor turned out to be an accidental witness of a crime, the question of his interrogation as a witness should be resolved only with the consent of his legal representative, since in this case there is a threat to the safety of the child, which is more important than obtaining information even having evidentiary value.

3) It is proposed to make a decision on the participation of a minor in an investigative action only after consulting a psychologist, if there is a conclusion on the mental state of the child confirming the possibility of his participation in investigative actions.

4) When conducting investigative actions with the participation of young witnesses, a child psychologist must be present, who provides compensation for the intellectual development of the child and helps to establish contact with him.

5) In order to ensure the safety of a minor witness, all persons who have information about his participation should be warned about criminal liability for disclosing information about minor participants in the process, and it is also proposed to explain to legal representatives the obligation to report information about persons who express interest in a child acting as a witness in a criminal case.

Based on the analysis of the current state of combating crime in Russian Federation, the article analyzes the available approaches to understanding the manifestations of unlawful behavior of released and released convicts at the stage of their re-socialization in society. The importance of specific means and methods of operational-search activity in solving socially useful tasks is stated. Based on a number of factors, an analysis of official statistics data indicating that a far from the best part of convicts is concentrated in places of imprisonment, it is concluded that there are problematic issues, including the tasks of preventing and preventing offenses and crimes committed by convicts, identifying and eliminating the causes and conditions that contribute to them. The author emphasizes the importance of measures taken by civil society institutions in order to prevent the commission of offenses, while focusing on special measures.

Based on the results of the research, the essence and content of the operational-search support of the process of socialization of convicts as an independent organizational and tactical form is considered, the need for interaction between the departments concerned is stated. It is concluded that the activities of state bodies endowed with the competence to carry out operational-search activities should be considered from the position of a systematic approach. The possibilities of the distinctive characteristics of the digital environment in solving the problems of preventing offenses and crimes in Russia and abroad are analyzed. The importance of information and analytical support of operational-search activities, which gives order to information flows of operational interest, circulating at the level of one subject or the Russian Federation as a whole, is emphasized.

The article examines the conceptual framework of human health protection as a system of social relations subject to administrative and legal regulation in order to achieve the goals of state policy.

The aim of the study is to analyze the theoretical and normative constructions that reflect the approach to health protection in accordance with the challenges posed by the pandemic situation in the world and the threats of the emergence of new diseases affecting the safety of society.

The objectives of the article are to consider the features of the legislation that regulates the fundamental concepts of health care, as well as theoretical approaches to this issue.

The article is characterized by the use of standard methods of analysis, heuristics and axiology, as well as the method of comparative jurisprudence to take into account the latest achievements of foreign theoretical schools.

The results of the research are the conclusion about the counterproductiveness of the proposals for an extremely broad normative interpretation of the term "health" in the theories of the branches of public law with the inclusion of the concept of social well-being. The approach (actually supported by the Russian legislator), which assumes that health protection is aimed at protecting mental and physical health, excluding the regulation of the social aspect, is actually consistent with the goals, objectives and capabilities of state management of a particular industry.

This article attempts to examine  the concept, essence and types of such a little-studied phenomenon as a migration flow. As a key object of public administration, the migration flow is a diversified phenomenon used by both sociological and demographic, economic, and legal science and legislation. At the same time, the approach to understanding the category of "migration flow" formed by other humanities does not meet the needs of administrative and legal regulation. In this regard, the paper analyzes the existing non-numerous approaches to this concept, formulates its definition, reveals the essence, which is that the migration flow in the legal sense is a migration and legal relationship. Based on the above approach to understanding the migration flow, a system of differentiation of their types based on objective social ties arising between migrants and the migration authority, the needs for administrative and legal regulation based on the concept of the state migration policy of the Russian Federation is proposed. 

The aim of the article is to study a phenomenon that is undergoing evolutionary changes in the theory of administrative process, namely, the subject of administrative procedural legal relations based on the concepts of the general theory of law about the subject of legal relations, taking into account the peculiarities of the sectoral orientation of the norms of administrative procedural and substantive administrative law. Accordingly, the tasks of the work are: determination of the nature of the obligatory and optional subject of the administrative procedural legal relationship; the relationship between the subject of the administrative procedural relationship and the administrative legal relationship

The goals and objectives of the study determined the research methodology, which is based on general philosophical heuristic methods, as well as the method of comparative analysis, system-structural method.

The principal result of this article is the idea that the understanding of the subject of an administrative procedural legal relationship correlates with the concept of the subject of an administrative legal relationship and, accordingly, administrative legal personality is a condition for the presence of an administrative procedural legal personality. However, administrative procedural capacity as an element of legal personality depends not only on age and legal limiting factors, but also on procedural acts of jurisdictional bodies, which, in cases established by law, can endow a person with administrative procedural capacity within the framework of judicial discretion.

At the same time, the synthetic definition of the subject of the administrative procedural relationship entails the heterogeneity of the subject composition of the administrative procedural relationship. In this regard, the logic of the analysis of the declared phenomena presupposes their comparison with similar structural elements of other types of procedural legal relations and a new look at the theory of the subject of procedural legal relations in the general theoretical sense.

The relevance of the study is due to the growing interest in the scientific community in the problems of electronic evidence as independent sources of obtaining information in the framework of litigation, caused, in turn, by the constantly intensifying processes of digitalization through the development of computer and information and communication technologies.

Digital documents have many advantages over paper documents, in particular in terms of frequency and speed of processing, as well as storage capacity, which together allows us to talk about the implementation of the principle of procedural economy in the framework of civil proceedings.

The aim of the study is to review and analyze the experience of foreign law and order in the field of legal regulation of electronic means of evidence in order to study the possibility of its application in modern conditions of the domestic legal environment in the framework of civil and arbitration proceedings. To solve the set tasks, the author identifies and describes the characteristic features of the legal consolidation of the object of research in a number of jurisdictions of continental Europe (EU, Switzerland, Ukraine).

Based on the results of the comparative legal study of the institute of electronic evidence, it is concluded that their legal nature differs from the essence of other means of proof, in particular, written and material evidence. In turn, the above fact leads to the need to study the possibility of legislative consolidation of electronic evidence as independent means of proof in the context of the national legal system of Russia. As part of the development of this issue, it is proposed:

― to consolidate the legal definition of the concept of "electronic evidence" by introducing relevant articles into the Civil Procedure Code of the Russian Federation (Article 71¹) and the Arbitration Procedure Code of the Russian Federation (Article 75¹);

― establish criteria for the recognition of relevant information as electronic evidence;

― within the framework of procedural codes, fix the list of the main types of electronic evidence, while leaving it open for operational perception within the framework of procedural legislation;

― work out the possibility of mandatory involvement of a specialist as a person assisting in the study of electronic evidence.