Global problems of humanity affect our planet as a whole. Therefore, all peoples and states are engaged in solving them. This term appeared in the late 60s of the XX century. Currently, there is a special scientific branch that studies and solves global problems of humanity. It is called global studies.

Scientific specialists from various fields work in this area: biologists, soil scientists, chemists, physicists, and geologists. And this is no coincidence, because the global problems of humanity are complex in nature and their emergence does not depend on any one factor. On the contrary, it is very important to take into account the economic, political, and social changes taking place in the world. Life on the planet in the future depends on how correctly the modern global problems of humanity are solved.

You need to know: some of them have existed for a long time, others, quite “young”, are associated with the fact that people began to negatively impact the world around them. Because of this, for example, environmental problems of mankind have arisen. They can be called the main difficulties of modern society. Although the problem of environmental pollution itself appeared a long time ago. All varieties interact with each other. Often one problem provokes another.

Sometimes it happens that global problems of humanity can be solved and completely gotten rid of them. First of all, this concerns epidemics that threatened the lives of people all over the planet and led to their mass death, but then they were stopped, for example, with the help of an invented vaccine. At the same time, completely new problems appear that were previously unknown to society, or existing ones grow to a global level, for example, depletion of the ozone layer. The cause of their occurrence is human activity. The problem of environmental pollution allows us to see this very clearly. But in other cases, the tendency of people to influence the misfortunes that happen to them and threaten their existence is clearly visible. So, what problems of humanity that have planetary significance exist?

Environmental disaster

It is caused by daily environmental pollution and depletion of earth and water reserves. All these factors together can accelerate the onset of environmental disaster. Man considers himself the king of nature, but at the same time does not strive to preserve it in its original form. This is also hampered by industrialization, which is proceeding at a rapid pace. Negatively affecting its habitat, humanity destroys it and does not think about it. It is not for nothing that pollution standards have been developed and are regularly exceeded. As a result, humanity's environmental problems may become irreversible. To avoid this, we must pay attention to the preservation of flora and fauna, and try to preserve the biosphere of our planet. And for this it is necessary to make production and other human activities more environmentally friendly so that the impact on the environment is less aggressive.

Demographic problem

The world's population is growing rapidly. And although the “population explosion” has already subsided, the problem still remains. The situation with food and natural resources is deteriorating. Their stocks are decreasing. At the same time, the negative impact on the environment is increasing, and it is impossible to cope with unemployment and poverty. Difficulties arise with education and healthcare. The UN has taken upon itself the solution to global problems of this nature. The organization created a special plan. One of its points is the family planning program.

Disarmament

After the creation of a nuclear bomb, the population tries to avoid the consequences of its use. For this purpose, non-aggression and disarmament treaties are signed between countries. Laws are being adopted to ban nuclear arsenals and stop the arms trade. The presidents of leading states hope in this way to avoid the outbreak of the Third World War, as a result of which, as they suspect, all life on Earth could be destroyed.

Food problem

In some countries, the population is experiencing food shortages. Residents of Africa and other third countries of the world suffer especially from hunger. To solve this problem, two options have been created. The first is aimed at ensuring that pastures, fields, and fishing areas gradually increase their area. If you follow the second option, you should not increase the territory, but increase the productivity of existing ones. For this purpose, the latest biotechnologies, methods of land reclamation, and mechanization are being developed. High-yielding plant varieties are being created.

Health

Despite the active development of medicine, the emergence of new vaccines and drugs, humanity continues to get sick. Moreover, many diseases threaten the lives of the population. Therefore, in our time, the development of treatment methods is actively underway. Modern substances are created in laboratories for effective immunization of the population. Unfortunately, the most dangerous diseases of the 21st century - oncology and AIDS - remain incurable.

Ocean problem

Recently, this resource has not only been actively researched, but also used for the needs of humanity. Experience shows that it can provide food, natural resources, and energy. The ocean is a trade route that helps restore communication between countries. At the same time, its reserves are used unevenly, and military operations are ongoing on its surface. In addition, it serves as a base for the disposal of waste, including radioactive waste. Humanity is obliged to preserve the riches of the World Ocean, avoid pollution, and rationally use its gifts.

Space exploration

This space belongs to all humanity, which means that all peoples must use their scientific and technical potential to explore it. For deep space exploration, special programs are created that use all modern achievements in this field.

People know that if these problems do not go away, the planet may die. But why do many people not want to do anything, hoping that everything will disappear and “dissolve” by itself? Although, in truth, such inaction is better than the active destruction of nature, pollution of forests, water bodies, destruction of animals and plants, especially rare species.

It is impossible to understand the behavior of such people. It would not hurt them to think about the fact that their children and grandchildren will have to live, if, of course, it is still possible, on a dying planet. You shouldn’t count on anyone being able to rid the world of difficulties in a short time. Global problems of humanity can only be solved together if all of humanity makes an effort. The threat of destruction in the near future should not be frightening. It is best if it can stimulate the potential inherent in each of us.

Don’t think that it’s difficult to cope with the world’s problems alone. This makes it seem like it is useless to act, and thoughts of powerlessness in the face of difficulties appear. The point is to join forces and help at least your city prosper. Solve small problems of your habitat. And when every person on Earth begins to have such responsibility towards themselves and their country, large-scale, global problems will also be solved.

Modern society is increasingly becoming a society of experts, specialists with special knowledge and skills. This tendency of society towards specialization gives rise to unprecedented independence, independence or, as they also say, autonomy of professional groups, which, in turn, gives rise to a lot of ethical problems.

One of them is related to the existence of professional codes of ethics. These codes sometimes impose requirements on members of the profession that are not always compatible with the requirements of universal ethics, as well as with the principles of loyalty and submission to the orders and requirements of the organization in which these specialists work. For example, in some cases, the management of a firm may require that a lawyer provide information that, in accordance with the code of professional ethics, is confidential. Therefore, professional codes, as well as the activities of professional groups themselves, require public control. Professional codes should not be the source of any special ethics that would allow members of professional groups to “do what others” do is immoral. For example, lawyers may not lie, deceive, or mislead anyone in order to assist and protect their clients.”

Another problem is related to the existence of a special responsibility of the profession to society. According to the French specialist in the field of general theory of law J.-L. Bergelya, a lawyer, “has no right to be either a simple clerk, doomed to slavishly and scrupulously following all points of the existing regulations, or a half-educated wizard whose stupidity becomes the cause of illogical and unforeseen events.” Lawyers must take care of the safety and stability of relationships between people even when they are not entirely satisfied with the existing order.

The legal profession is commonly called a liberal profession. Traditionally, society provides free professions with greater autonomy than, for example, crafts or business. This is expressed in the fact that society weakens its control over the activities of representatives of liberal professions, demanding in return service for the benefit of society, the implementation of internal professional control, the establishment of stricter and morally higher standards and rules of behavior compared to the rest of society. The weakening of public control is reflected in the fact that the profession can establish its own rules, disciplinary norms and standards of competence and professionalism, regulate the access of new members to its ranks, formulate its tasks, etc.

What does it mean in relation to the legal profession to establish higher moral standards and rules of conduct? As a rule, no one expects that businessmen and workers will work for free. Lawyers are expected to provide services and defend even those clients who cannot always pay for their work. They must also be willing to work as long as their professional duties require, at any time of the day or night, and to maintain high standards of personal and professional conduct: being more disciplined, refraining from inappropriate behavior and being models of ethical behavior, not considering legal profession as an ordinary business associated with obtaining high incomes and profits.

Another ethical problem of the autonomy of the legal profession is the establishment of higher moral standards and rules of conduct? As a rule, no one expects that businessmen and workers will work for free. Lawyers are expected to provide services and defend even those clients who cannot always pay for their work. They must also be willing to work as long as their professional responsibilities require, at any time of the day or night, and to maintain high standards of personal and professional conduct: being more disciplined, refraining from inappropriate behavior, and being models of ethical behavior, not to consider the legal profession as a regular business associated with obtaining high incomes and profits.

Another ethical problem of professional autonomy is related to the fact that, having specialized knowledge and exclusive access to this knowledge, members of a professional group may be tempted to use it for personal gain at the expense of the population. Here, internal control over the activities of members of professional groups and external control are also necessary so that society can be confident that the profession exercises self-government well enough and contributes to public welfare.

The next problem concerns the formation of codes of professional ethics. Codes provide guidelines for the activities of members of a professional group, defining specific prohibitions, procedures, ideals and taking into account the main ethical issues they face. The provisions of the codes must be critically assessed and revised from time to time. In our country, the process of developing and adopting codes of professional ethics, including the ethics of legal professions, is just beginning. Some codes do not accurately reflect the real problems and standards of behavior of persons in a particular profession; they are not specific, do not contain provisions related to monitoring the implementation of the requirements and principles stipulated in them, etc.

In order to serve as the basis for the autonomy of a profession, the code must have certain properties. Firstly, it must contain provisions that reflect those specific temptations inherent in this particular profession that its representatives may experience, those unethical methods of doing business that undermine its prestige in the eyes of society. Secondly, the code should regulate the practical activities of members of the profession, and not just encourage and inspire them to take certain actions. Some codes are simply a declaration of ideals, while they should be disciplinary in nature, include a system of their own enforcement and sanctions against violators of the requirements formulated in them. Thirdly, the code should not be a means of self-service for the profession, but should protect the interests of society and clients.

The main ethical problems and principles of professions are sometimes regulated by the state in the texts of laws. In turn, professional associations provide forums and meetings at which members of the professional community can raise ethical issues that the profession or association faces or may face. These problems and methods for solving them are generalized, and in the form of standards, principles, rules and norms of professional ethics they begin to control the behavior of members of a professional group. In addition to the rules themselves, codes include various rationales for them, the sources of which, in particular for legal ethics, are:

laws and other regulatory legal acts, including international ones;

cases (precedents) from the practice of bringing representatives of the legal profession to disciplinary liability for violating ethical standards;

descriptions and arguments formed directly in the practice of legal communities.

arguments and models of reasoning that are “born” in the depths of applied ethics and represent the provisions and conclusions of theoretical ethics, formulated in such a way that they can help in solving practical problems.

professional ethical moral lawyer

knowledge about ignorance; conscious formulation of questions that arise in the course of cognition and require answers (because they are of theoretical and practical interest), which includes two main points (stages of the movement of cognition): asking questions and solving them.

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PROBLEM

an attribute of human existence and activity, which manifests itself as a difficulty in its continuation, requiring comprehension and reflection. According to X. Ortega y Gasset, “the main thing in the phenomenon of Life is its vague character, its essential problematic nature. Everything stems from this, but first of all, philosophy. Therefore, philosophy always has its own special problem.” The problematic nature of human existence is manifested in its inconsistency, uncertainty, unpredictability, and riskiness; it is the ontological basis of any form of its comprehension and understanding: artistic, religious, scientific, philosophical, which are fixed in various types of antinomies, questions, tasks, paradoxes, etc.

From view system analysis, P. is a purposeful state with which a purposeful individual is not satisfied and in which he has doubts as to which of the available methods of action will change this state to a satisfactory one (R. Ackoff, F. Emery). In the epistemological aspect, P. is an ideal reflection of a real problem situation (practical and/or cognitive). A problematic situation arises as a discrepancy between: a) the goal and the means of achieving it; b) the purpose and results of activities; c) the necessity and possibility of some action (individual or social); d) existing and proper. This discrepancy can escalate into a contradiction (including antagonistic). From view psychology, the emergence of a problem situation and its subsequent transformation into the original P. characterize the initial stages of the thinking process. The philosophical tradition (Socrates, Augustine, N. Cusanus, etc.) is characterized by the understanding of philosophy as knowledge of ignorance. The philosophers of Ancient Greece expressed this understanding in the form of the following paradox of thinking: how can we look for what we do not know, and if we know what we are looking for, then what else should we look for? Modern cognitive psychology resolves this paradox by pointing out that the “all or nothing” law does not apply here.

The entire life activity of society (nations, classes, organizations, etc.), as well as individuals, in a certain respect, represents a dialectical process of formation and resolution of P. “The emergence and solution of problems, like systole and diastole - two phases of the cardiac cycle, determine the nature of the beat the pulse of life of the entire social organism" (V.I. Kutsenko). Social P. is a form of existence and expression of the need for society to carry out certain activities. In a narrower sense, social P. is a form of existence and expression of the contradiction between the already mature need for certain social actions and the still insufficient conditions for its implementation. The internal foundations of social psychology - social necessity, need, interest, contradiction - “convey” to it such a fundamental characteristic as objective character. The independence of social politics from the will and consciousness of people is emphasized in modern Marxist philosophical literature (See: Kutsenko V.I. Social problem: genesis and solution. Kyiv, 1984). Based on other grounds, J. Deleuze also emphasizes the objective nature of P.: “The problematic is both an objective category of knowledge and a completely objective type of being.” He calls for “an end to the old habit of thought regarding the problematic as a subjective category of our knowledge” (Deleuze J. The Logic of Sense. M., 1995, p. 76). The search for ontological foundations for the problematic nature of human life is very relevant. E. Fromm wrote: “Man is the only animal for whom his own existence is a problem; he must solve it, and he cannot hide from it.” According to E. Fromm, the basis of the problem is the loss of the harmonious unity of man and nature. In the search for these foundations, in our opinion, the ontology of I. Hartmann and the ideas of synergetics are very promising. In modern philosophical and methodological literature, the project of creating problemology is discussed and partially implemented - a special discipline within the framework of general scientific methodology designed to systematically describe and explain the patterns of emergence, functioning and development of diverse types of P.: scientific and philosophical, social and existential-personal, global, regional and unique etc. A generally accepted typology of P. has not yet been developed.

Scientific research is a form of organization and development of scientific knowledge. Historically, Aristotle's Gopika (384 - 322 BC) should be considered the first work on problemology. According to Stagirite, the thesis and P. are subjects of dispute: “... the thesis is a problem, but not every problem is a thesis...” (Aristotle. Works. In 4 vols. T. 2 p. 361). In dialectical P. both alternatives must be clearly formulated. He distinguished between practical and cognitive P.: “A dialectical problem is a task posed either for the sake of choice and avoidance, or for the sake of (achieving) truth and for the sake of knowledge...” (ibid., p. 360), as well as independent and auxiliary P. Aristotle developed a classification of P. and forms of their refutation.

The etymology of the term “problem” (as a synonym for “task”) is usually derived from the Greek verb “ballein” - to throw, i.e. P. is “an object thrown forward” (object). The Neoplatonist Proclus (5th century), commenting on Euclid's Elements, contrasted theorems and geometry; for him, philosophy is a practical (within the framework of geometry) task that is performed in a certain way, and it is necessary to find these methods, invent them and fulfill the required construction (by no means the only possible one). The prehistory of problemology largely coincides with the history of the formation of the logic of questions and answers. The fundamental ideas were put forward by R. Descartes, G. W. Leibniz and I. Kant (antinomies of pure reason).

In philosophy and science of the 20th century. interest in the study of scientific logic arises as a result of overcoming the crisis in the foundations of mathematics (the work of A. Poincaré and D. Hilbert), under the influence of the achievements of mathematical logic (in particular, the calculus of problems constructed by A. N. Kolmogorov in 1932, and the development of the theory of algorithms - works of K. Gödel, A. A Markov, P. S. Novikov, etc.), cybernetics (“artificial intelligence”), cognitive psychology, systems analysis, history and methodology of science. A significant contribution to the development of problemology was made by the works of D. Polya, K. Popper, I. Lakatos, L. Laudan, Z. Tsatskovsky and others, in the domestic literature - the works of V. F. Berkov, V. M. Glushkov, V. N. Karpovich, P. V. Kopnin, M. S. Burgin and V. I. Kuznetsov, E. S. Zharikov, V. E. Nikiforov, L. M. Friedman and others.

Scientific structure?. includes the following elements: a) prerequisite knowledge of all levels (special scientific, methodological, ideological, tacit); b) the central question of scientific research; c) imperative - a requirement to resolve this issue; d) a preliminary image of the desired solution. It is obvious that scientific research cannot be reduced to a question. Scientific research is a system of knowledge that reflects a problematic situation and its sociocultural background, has a personal meaning for the researcher and is accepted (or rejected) by the scientific community. This is a developing, open, ordered system of research problems, characterized by uncertainty in the methods and results of solution. From this point of view, the research task is the ur-phenomenon of scientific knowledge, its “living cell,” and scientific research is a multicellular “organism” in the external environment.

The functioning of scientific research is determined by the fact that it is a “perpetual motion machine” of scientific knowledge, the source of its self-organization and self-development. In the process of research, scientific research performs the following functions: a) determining—it determines the direction of research and encourages it; b) integrative - acts as a form of integration of scientific knowledge; c) systematizing. In addition, a functional typology of scientific P. is possible, in which P. descriptions, explanations, predictions, and praxeological P. are distinguished ("How to do this?"). The last type of P. in modern natural science apparently dominates (P. of controlled thermonuclear fusion, high-temperature superconductivity, “artificial intelligence,” etc.).

The development of scientific knowledge is described as a set of states and processes that form a movement towards new knowledge. This set can be ordered on different grounds: by stages of problematization of knowledge, by functional types of knowledge, by stages of research, etc. According to K. Popper, the growth of scientific knowledge is described by the following scheme: P, - TT - EE - Ru where P , - the original scientific P., TT - "trial theories", EE - the stage of "elimination of errors", R, - the new scientific P. This scheme relativizes the development of science. For the above technologically oriented programs, another scheme is more adequate: scientific research generates a research program that is realized in cognitive and practical results.

The concept of a research program entered the methodology of science after the work of I. Lakatos in 1968 - 70, but in the reflection of scientists it has been functioning for a very long time and is embodied in the form of program work. The effectiveness of a research program can serve as an indicator of the potential truth of the scientific philosophy that gave rise to it. These concepts are used in the methodological analysis of scientific progress. For example, in L. Laudan’s model, the criterion for progress is maximizing the volume of solved empirical problems while minimizing the volume of anomalies and conceptual problems. This direction of problemology is in the process of formation.

Philosophical philosophy is a form of organization and functioning of historically changing philosophical knowledge. The fundamentally irreducible diversity of philosophical trends, systems, schools, etc., the absence of unilinear progress in the history of philosophy lead to ambiguous interpretations of the nature of philosophical principles. Nevertheless, it is possible to identify some relatively invariant characteristics of the philosophical philosophy. 1. Existential rootedness. A. Schopenhauer proclaimed: “Peace, peace, donkeys! - that is the problem of philosophy, peace and nothing more!” Among the ancient Greeks, the symbol of philosophy was the goddess - the messenger Iris (daughter of Thaumant - “The Wondering One”), because she asked about existence. Deontologization of a philosophical system ends with its collapse. 2. The existential and personal significance of philosophical literature for its producer and researcher. “Philosophy is what the philosopher himself is,” Fichte noted. Understanding philosophical philosophy is impossible without identifying its life roots, including those that are in the thinker’s lifestyle, the make-up of his soul, the characteristics of his biography, etc. “The solution to the life problem that confronts you is in the lifestyle that leads to to the fact that the problematic disappears,” wrote L. Wittgenstein. 3. Fundamentality. It is inherent in philosophical philosophy, since philosophical reflection is a search for foundations. “In every metaphysical question... every time the questioning human existence is also included” (M. Heidegger). 4. Systemic unity of the subject, operational and value aspects of philosophical philosophy. The system of basic intellectual operations is determined not only by the properties of the subject, but also by the aspirations of the subject. According to D.V. Pivovarov, the basic question of philosophy crystallizes the basic mental operations from which various philosophical doctrines grow and which give these doctrines specific operational meanings. 5. Synthesis of the eternal and transient, invariant and variable. Like “eternal images” in art, there are “eternal” P. in philosophy (for example, P. of truth, freedom, good, etc.), which does not deny their specific historical originality. The principles posed by ancient thinkers are not only understandable to modern philosophers, but also continue to excite them: they are eternal, since they always retain their significance for humanity. “Do I want to say: he who lives only in the moment is simply blind as a mole; if he were able to see clearly, he would see the problem?” (L. Wittgenstein). 6. Holographic coherence of philosophical P. DRU!" with a friend (according to the principle of "everything with everything"). "No one, it seems, even realizes how closely many abstract questions are connected not only with the important interests of human life, but also with the very existence of this life. ...And yet this is so" (V.V. Rozanov). M. Heidegger wrote: "The closer we come to danger, the brighter the paths to salvation begin to shine, the more questioning we become. For questioning is the piety of thought." The problematic nature of the philosophical mind will always attract thinking people. (See "Question and Answer.")

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Translation of "This problem is related to" in English

Other translations

This problem is related to the sovereign right of countries to create their own system of administration of justice.

The issue touched on the sovereign right of a country to establish its own judicial system.">

This problem is related to the difficult economic situation that resulted from the collapse of the Soviet Union and appears to have had a more negative impact on men's health.

The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men's health than women's.

The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men"s health than women"s.">

This problem is related to the fact that public associations in Kazakhstan are divided depending on the territorial scope of their activities into:

This problem is related to the procedures for reviewing the Group's reports in participating organizations, the timing and manner in which such reports are submitted to the relevant legislative bodies and the lack of adequate monitoring of the implementation of decisions taken.

The problem can be traced to procedures followed by the participating organizations in treating the Unit's reports, when and how they present them to their legislative bodies and what they do with the decisions taken.

The problem can be traced to procedures followed by the participating organizations in treating the Unit"s reports, when and how they present them to their legislative bodies and what they do with the decisions taken.">

It is clear that the least well-off segments of the population suffer disproportionately from the lack of legal protection, which suggests that this problem is related to socio-economic structure of society (...).

Legal insecurity clearly affects the lower income strata more severely, so that it is considered that the problem is related to the socio-economic structure of society (...).

The problem is related to the socio-economic structure of society (...).">

It came to the conclusion that this problem is related to implementation of the decision of the Ministry of Justice in a specific case and cannot be resolved by the decision of an administrative structure such as the Ministry of Justice.

It concluded that the problem involves the enforcement of the Justice Ministry"s ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.

The problem involves the enforcement of the Justice Ministry"s ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.">

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Fourth aspect this problem is related to such illegal activities as drug trafficking, movement of persons, weapons, smuggling, terrorism, etc.

A fourth aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.

Aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.">

Therefore Finland offers two different solutions this problem, related to using fiberglass tanks in cold climates.

This problem of cold climatic areas and the fiber-reinforced plastic tanks.">

This problem directly related to the problem right-wing extremism and racial hatred, since members of football fan groups most prone to such actions regularly take part in demonstrations and marches of extremist associations.

The issue of spectator violence is directly of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.

The issue of spectator violence is directly blended together with the issue of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.">

The information obtained through the questionnaire allowed the identification of best practices cross-country, as well as conceptual, methodological and data problems, Related measuring human capital.

Information from the questionnaire identified best practices across countries, as well as conceptual, methodological and data-related issues associated with human capital measurement.

Data-related issues associated with human capital measurement.">

In this regard, the Special Rapporteur would like to emphasize that this problem Not associated with is an attempt to find an international definition of "indigenous peoples" and cannot be resolved in this way.

In that regard, the Special Rapporteur would like to emphasize that this is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".

This is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".">

If some aspects this problem is related to political measures by States Members of the United Nations, then others connected with information gathering, analysis and early warning activities, for which the mandate of the Special Adviser on the Prevention of Genocide was specifically established.

While some aspects of the problem involves the political responses of States Members of the United Nations, others involve the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.

The problem involves the political responses of States Members of the United Nations, others involve the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.">

In this case this problem appears inextricably related to security and democratic stability, as well as health.

Ensuring the admissibility of evidence raises a number of problems both in theory and in practice. In this chapter, we will look at the most common of them and try to summarize the relevant opinions of scientists.

The main theoretical problems with regard to ensuring the admissibility of evidence include:

1. “Asymmetry” of rules on the admissibility of evidence.

The essence of this concept is that violations committed by the prosecution in the collection of evidence should not prevent their use in the interests of the defense See: Borulenkov, Yu. Decree. Op. // Criminal law. - 2014. - No. 1. - P. 56..

This theoretical problem evokes different attitudes. Some authors believe that the admissibility requirements should be the same for the parties. See: Anisimov, A. Admissibility of evidence / A. Anisimov // Legality. - 2010. - No. 10. - P. 35.. According to others, “asymmetry” should operate with certain restrictions See: Borulenkov, Yu. Decree. Op. // Legality. - 2013. - No. 9. - P. 32..

It seems to us that a fair approach to this problem would be one that involves assigning “damages of proof” to the party through whose fault they occurred.

2. Insufficient development of the “rule of exception” in the criminal process of Russia.

This rule is intended to prevent violations by criminal prosecution bodies of the constitutional rights of citizens through the threat of recognizing the results of procedural actions that are important for the prosecution as inadmissible evidence. This rule is endowed with a number of specific features See: Shestakova, S. Admissibility of evidence in criminal proceedings in Russia and the USA / S. Shestakova // Criminal Law. - 2014. - No. 3. - P. 100.:

1) it applies only to violations of the constitutional rights of citizens committed only by criminal prosecution authorities;

2) it is intended to restore the balance of procedural capabilities of the prosecution and defense parties to defend their procedural interests, which was violated by the illegal restriction of the rights of citizens.

This concept operates successfully in US criminal proceedings, while Russian criminal procedural law, which adopted this rule, did not provide real mechanisms for its functioning.

According to S. Shestakova, this is due to a number of reasons. See: Ibid. - P. 100 - 101.:

a) too broad interpretation of this rule at the level of national legislation;

b) fundamental differences in the construction of evidentiary law in Russia and the United States of America;

c) limiting the possibilities for creating mechanisms that provide flexibility for the rule in question;

d) insufficient consideration of the features of this rule, which we listed above.

It is worth saying that this problem requires a solution first at the theoretical and legislative level, which will lead to a solution to the negative consequences arising from it that arise in practice. In this case, the domestic legislator can only be helped by a more complete and adapted for Russia reception of the “rule of exception.”

3. The problem of the relationship between the concepts of admissibility and reliability of evidence.

This problem is due to the fact that a number of authors confuse the concepts of admissibility and reliability, and some even propose to combine these concepts into one common one. In this case, we agree with the opinion of Tatyana Shapovalova, who emphasizes the lack of identity of these concepts. Admissibility is the compliance of the form of evidence with the requirements of the law for a number of important characteristics, while reliability is the correspondence of the reality of their content See: Shapovalova, T. Decree. Op. - P. 98.. Based on these conclusions, it can be argued that the indicated properties of evidence are independent, but at the same time, of course, interrelated. The relationship between admissibility and reliability depends on deciding what social values ​​the institution of admissibility of evidence is intended to protect. It is also worth saying that recognizing evidence as admissible does not prejudge the question of its reliability, and a conclusion about admissibility precedes a conclusion about reliability, but does not replace it. See: Ibid. - P. 101..

As for the practical problems associated with ensuring the admissibility of evidence, the following can be identified among them:

1. Should all violations of the law entail the inadmissibility of evidence and, accordingly, deprivation of its legal force?

The answer to this question is defined differently by different scientists. I.I. Mukhin proposes to consider evidence inadmissible in case of any violation of the law. M.L. Yakub, on the contrary, believes that the evidence cannot be left without consideration on its merits, rejecting it as inadmissible See: Pobedkin, A.V. On some problems of determining the admissibility of evidence in criminal proceedings / A.V. Pobedkin // State and law. - 2011. - No. 7. - P. 54.. O.V. Khimichev and R.V. Danilov subdivide violations into those that entail the inadmissibility of evidence in any case and insignificant violations See: Ibid. - P. 54.. However, all these are the opinions of scientists, while problems actually arise in practice.

At the same time, the Code of Criminal Procedure solves this problem with the help of imperative instructions provided for in Part 1 of Article 75, which do not allow us to go into the assessment of a particular violation of the law committed during criminal proceedings. That is, if any, even the most insignificant, deviation from the law is revealed when collecting and securing evidence, then its cancellation with all the ensuing consequences is inevitable. See: Borulenkov, Yu. Decree. Op. // Criminal law. - 2014. - No. 1. - P. 56..

At the same time, it is worth saying that the opinion of the Supreme Court of the Russian Federation, expressed in various decisions, is by no means always consistent with the opinion of the legislator. This subject very often indirectly indicates that not any violation of the law initially predetermines the possibility of declaring evidence inadmissible, but only directly related to the procedural form of collecting and recording information established by the legislator, the violation of which gives rise to irremovable doubts about the truth of the content of evidentiary information. This position is also shared by most practitioners.

In our opinion, to solve this problem it is necessary to harmonize legislative and practical provisions so that persons who in any way take part in the criminal process know exactly what evidence is inadmissible.

2. Is it possible to recognize as admissible evidence obtained during a search and seizure if the very decision to conduct these investigative actions raises doubts about its validity?

This problem is associated, first of all, with the performance of these actions in the home, which is regulated by part 5 of article 165 of the Code of Criminal Procedure of Russia. In practice, situations sometimes arise when the basis for the corresponding decision of the investigator, formalized by his resolution, is not evidence, but data of an operational investigative nature that cannot be verified, which makes it impossible to determine whether the specified decision is justified. In this case, judges usually recognize evidence obtained in this way as inadmissible See: Shafer, S.A. Decree. Op. - P. 52.. Then another question arises - what if the objects and documents seized in this way have clear evidentiary value? And at the same time, the objectivity of the properties of these things is beyond doubt.

In our opinion, this problem requires an explanation from the Supreme Court of Russia on this issue. Then, perhaps, discrepancies in practice will cease to exist.

3. The problem associated with establishing the advantage of the prosecution when considering the request of interested parties to exclude evidence, the admissibility of which is in doubt.

This problem arises quite often in practice, since most often the court is in no hurry to exclude the specified evidence, based on the fact that the check to which it was subjected at the preliminary investigation stage is sufficient to recognize the evidence as admissible. Most often this is true. Moreover, the constitutionality of the provisions of Articles 234 and 236 of the Criminal Procedure Code of the Russian Federation was confirmed at the level of the Constitutional Court of Russia.

In its Decision No. 1258-О-О dated October 13, 2009, this court clearly stated that “refusal of a request to exclude inadmissible evidence and re-examination of this issue at the trial stage cannot be equated to use in criminal proceedings evidence obtained in violation of the law, which means the substantiation by such evidence of decisions to establish circumstances relevant to the criminal case" On the refusal to accept for consideration the complaint of citizen Andrey Anatolyevich Tokmantsev about the violation of his constitutional rights by a number of provisions of the Criminal Procedure Code of the Russian Federation: definition Constitutional Court of the Russian Federation No. 1258-О-О dated 10/13/2009. - Access mode: SPS “Consultant Plus”. - P. 2.3..

In this regard, we completely agree with the opinion of the Constitutional Court and do not share the opinion of those practitioners who challenge it.

In conclusion of this chapter, I would like to conclude that the topic we are studying raises many different problems both in theory and in practice. The solution to these problems, in our opinion, will depend on establishing uniformity of opinions between the legislator and the highest judicial authorities, which will increase the efficiency of procedures for ensuring the admissibility of evidence.