Том 17, № 6 (2024)

The duties of the police of the Russian Empire, laid down in the draft of the Police Charter, developed by the commission of Senator A.A. Makarov, on compliance with the legal grounds for opening manufactories, plants, factories, preventing illegal acts provided for by the criminal law, committed by persons violating the procedure for their opening are considered. Police measures are designated to close establishments opened without obtaining the established permit, which depends on the relevant bodies of factory, mining, tax, excise, trade supervision. The areas of interaction of the police with officials of trade supervision in order to identify persons engaged in trade without a trade certificate are disclosed. With authorized representatives of the Chief of Factory and Mining Affairs of the Presence on compliance with the proper improvement and order at factories and plants. Particular attention is paid to the activities of the police to ensure compliance with the differential trade, for this purpose not only the legislation of the Russian Empire is analyzed, but also of individual foreign countries (France, Italy), where this type of trade was widespread and legally regulated.

The digital format of public relations actualizes the issues of information security and information security. The article analyzes the normative acts containing the concepts of "destructive event" and "destructive action". They describe the sources of information threats emanating from man-made and anthropogenic sources and are associated with violations of confidentiality, accessibility and reliability of information, stability and reliability of information systems. The author came to the conclusion, as a result of the analysis conducted in the article, that the concept of "destructive actions" is more universal and defines the requirement not to take actions aimed at violating the information security of an information system and information.

The concept of "destructive events" is used in a narrow technical area related to the disruption of the functioning of information systems at two levels of the OSI model - determining the route and addressing of data and communication between the endpoints of the transmitted data.

The issues related to the legal aspects of mass vaccination against COVID-19 are considered. The issue of refusing to vaccinate was considered, and the unacceptability of mandatory vaccination was pointed out. In this regard, the studies of foreign scientists and lawyers dealing with the main legal issues of vaccination are analyzed.

The purpose of the research. Based on the analysis of scientific and legal literature, the author examines the legal nature of the prosecutor's audit. It is noted that ensuring human rights and civil liberties is a fundamental element of the rule of law. The activities of the prosecutor's office are usually personified by ensuring human rights, and the prosecutor is the guarantor of justice and law and order. By conducting inspections, the body in question carries out human rights work by exercising supervisory functions over compliance with the provisions of the Constitution of the Russian Federation and the current legislation of the Russian Federation. Prosecutor's inspection has a special significance in ensuring the rule of law and establishing law and order. It is, in fact, a formalized toolkit for identifying violations of the law, which is purposefully used for the effective protection of human rights, the interests of the state and society. Results. As a result of the study, the author comes to the conclusion that the supervisory authority implements human rights functions through the implementation of prosecutorial supervision. Prosecutor's inspection is the process of monitoring by the prosecutor's office over compliance with the legality of decisions and actions (inactions) of public authorities, other bodies, organizations, and their officials. At the same time, verification is not only a way to identify violations of the law, but in general is an effective departmental tool for the human rights activities of the prosecutor, which at the same time plays a positive role in solving the problems of ensuring law and order.

The purpose of the research. The article considers the admissibility of the category of information sphere in relation to the subject of economic activity from the point of view of the information security doctrine of the Russian Federation. The substantiation of the prospect of forming the information sphere of an economic entity as a single object that unites its elements connected with a single purpose is presented. The purpose of the study is to substantiate the need and admissibility of considering the information sphere of a business entity as a construct that allows the owner of information to increase the protection of its rights. Results. The author concludes that the category of information sphere, if sufficiently elaborated, can be eventually introduced into circulation as an object that unites the elements of the information sphere that perform a single task and are technologically connected. The introduction of such an object into civil turnover is possible at the initial stage by means of clarifications of the highest judicial instance. The prospect of putting the information sphere into circulation will be made based on the results of an in-depth study of its elements, as well as the nature and features of the links between such elements, primarily within the system. Acquisition of the information sphere to the status of an object of civil rights will depend on the qualification of its elements as objects of civil rights. The speed of increasing relevance and the need to determine the legal status of the information sphere will depend on the rate of increase in the number of economic entities actively using digital technologies.

Artificial intelligence is perhaps one of the most discussed legal phenomena in legal science. The mechanism of legal regulation with its traditional tools does not fully ensure the ordering of social relations in the field of artificial intelligence. The article is devoted to the study of legal regulation of artificial intelligence as a subject of law and as an object of subjective rights. The analysis allowed us to draw a number of conclusions. Due to the anthropocentricity of law, legal regulation of artificial intelligence as a subject of law faces the following problems: it is extremely difficult to personify the will produced by artificial intelligence; the absence of boundaries of legal regulation, which in relation to a person are established by his rights and freedoms, ethical norms and rules; responsibility, the mechanism of which cannot affect artificial intelligence due to the lack of an emotional component. Legal regulation of artificial intelligence as an object of rights faces the problem that it has elements of autonomous will, which is not inherent in other objects. Norms regulating animals and computer programs are projected onto artificial intelligence. Legal regulation of artificial intelligence (as a subject or as an object) should be based on the principle of the priority of human rights, on ethical standards in the field of using artificial intelligence.

The purpose of the research. Russian antitrust law provides special rules regarding the determination of a dominant position for transactional digital platforms operators, and also contains prohibitions on the abuse of a dominant position for them. At the same time, the application of these prohibitions requires the definition of the concepts of “digital platform”, “aggregator”, “marketplace”, which, being included in regulatory legal acts, on the one hand, are interpreted as synonymous, on the other hand, are filled with different content. It seems that for the purposes of applying antitrust prohibitions on abuse of a dominant position using digital platforms and conducting a correct legal assessment of the activities of economic entities in this part, it is necessary to identify the correlation between the concepts of “digital platform”, “aggregator” and “marketplace”, as well as to study their similarities and differences in order to develop the most optimal legal approaches to the explication of these phenomena in law in order to ensure legal protection and protection of competition in digital markets. Results. Based on the results of comparing legal approaches to defining the concepts under study, the author comes to the conclusion that the concept of “digital platform” is common in relation to the concepts of “aggregator” and “marketplace”, while the categories of aggregator and marketplace are not identical: they differ in a number of criteria such as ownership of physical infrastructure, the method of connecting sellers (suppliers) to the platform, the approach to posting content, methods of communication between consumers and sellers (suppliers), target functionality, brand, and such distinctive features must be taken into account when forming legal approaches to prohibiting the abuse of a dominant position by operators of digital platforms.

The article explores the issues of digital transformation of the pension system in the context of the existing tax system. The article presents additional ways to increase the level of well-being of pensioners, people with disabilities by attracting modern methods of digital analysis of the accumulated information of large databases. The article proposes the formation of legislative initiatives regulating additional measures to support pensioners and disabled people based on the concept of traditional family values. A set of measures for digital security and targeted financial assistance to low-income people has been proposed.

The article examines changes in trends in registered crime that arose against the background of Russia's special military operation (SMO) and the use by the countries of the collective West of combined sanctions not provided for by international treaties (combined unlawful sanctions, CUS).

Based on the analysis of indicators characterizing the results of the state response to crime registered in Russia over a long period, hypotheses are formulated about the main factors changing its trends in the latest conditions.

Priority areas for strengthening law enforcement control over crime in the context of the SVO and CUS are identified.

The need to recreate the criminological forecasting subsystem on new principles as part of the national system of socio-economic forecasting is substantiated.

Currently, extremism is characterized by the presence of an appropriate ideology, which is very actively and rapidly improving in the context of modern international conflicts and domestic crises observed in the Russian state, which contributes to the entrenchment of illegal ideas and views in the minds of the population, especially among the younger generation, and increases the number of offenses and crimes of extremist orientation. The spread of extremist ideology poses a direct threat to the national interests of the Russian Federation, undermines the stability of the state, causes social conflicts and contributes to the radicalization of various groups of the population, which necessitates a competent and effective policy of countering the ideology of extremism.

The article focuses on the activities of law enforcement agencies and civil society institutions to counter the spread of extremist ideology among young people, and provides examples of the interaction of these entities on the territory of the Kabardino-Balkarian Republic. It is concluded that only an integrated approach, including both measures to curb extremist activities and preventive measures aimed at creating conditions for the harmonious development of society, can effectively counter the threat of the spread of extremist ideology.

The purpose of the study. The article discusses the problems of the current state and proposals for improving domestic legislation on compensation for damage caused by crime. Due to the relevance of the issues and gaps in legal regulation, this topic is of scientific and practical interest not only to the legal community, but also to a much wider range of people. In the course of the study, the issues of compensation for damages at various stages of criminal proceedings in the final procedural decisions are considered. Attention is paid to the most acute problems and solutions are proposed. The conclusions made it possible to clarify certain provisions concerning the effectiveness of the criminal procedure law on compensation for damage caused by a crime, as well as issues of requirements for final procedural decisions in this aspect. It is proposed to consider fairness as a requirement for final procedural decisions. The proposals aimed at optimizing the institution of compensation for damages in criminal proceedings in order to restore social justice violated by the crime are formulated.

The article examines the issues of the system of foundations and principles of criminalization as a process of the state establishing the public danger of a certain phenomenon in the life of society, posing a threat to established social relations and requiring criminal legal protection. Representing a complex socio-legal institution, criminalization presupposes the existence of adherence to certain principles for its implementation, which are based on known grounds and constitute the mechanism for implementing criminalization. The originality and features of this phenomenon in criminal law-making are of considerable interest for theoretical analysis and law enforcement activities. The purpose of the presented research is to determine the system of foundations and principles of criminalization as a historically established system of influence on the individual, aimed at organizing his activities within the framework of accepted rules and social values that express public interests. As well as issues of scientific support of phenomena occurring in criminal rule-making, their connection with the criminal policy of the Russian Federation. Based on the study, the author comes to the conclusion that the study of society’s ideas about crime is extremely necessary to justify the criminal law prohibition of a specific act from the point of view of taking into account the level of public legal awareness and psychology in order to avoid a conflict of criminal law and objective social norms.

Every year, millions of foreign citizens come to the Russian Federation. Objectively, among the risks caused by migration flows, a separate category of criminal-legal risks of growth of migration crime can be distinguished. The given group of risks is subject to consideration in this scientific work and is expressed in the threat of committing crimes against sexual inviolability and sexual freedom of the individual by migrants on the territory of the Russian Federation. The problem of the spread of sexual crimes committed by migrants was voiced at the XII "St. Petersburg International Legal Forum" in June 2024, to which the Chairman of the Investigative Committee of the Russian Federation (IC RF), Doctor of Law, Professor A.I. Bastrykin repeatedly returned in his speech. In order to overcome the problem raised and to ensure the safety of Russian citizens and an individual, there is a need to develop a set of criminal-legal and other measures aimed at combating the commission of sexual crimes by migrants.

Terrorism is a complex and multifaceted illegal phenomenon that is actively developing in the modern world. The dynamic transformation of this phenomenon requires constant resource support. In the context of widespread informatization and digitalization, the achievements of modern science and technology, as well as the reorientation of the population to function remotely on the Internet, are actively used to attract the necessary resources for organizing terrorist activities. Despite the fact that the current Russian legislation has long defined the specifics of criminal liability for the financing of terrorism, in practice this illegal behavior is actively improving, which gives rise to problems of its qualification, taking into account the existing criminal law norms. The purpose of the presented study is to analyze the state of the institution of criminal liability for the financing of terrorism and to determine the priority areas for its improvement, taking into account modern realities. The author comes to the conclusion that the current criminal law norms in this area do not take into account the realities of financial and information legal relations, which gives rise not only to impunity of specific individuals, but also contributes to the further spread of terrorist financing. Proposals for independent criminalization of terrorist financing are formulated, qualifying features of this act are defined. Attention is focused on the fact that the improvement of criminal-legal measures to combat terrorist financing is of paramount importance, since the scope of legal consequences for the guilty persons directly depends on the criminalization of this activity, and the possibilities of preventive action are significantly expanded.

The purpose of the research. At the present time there is a shortage of scientific researches devoted to the concepts of the international law of foreign countries. At the same time, there is a significant need for such works, since any interstate cooperation, as well as confrontation, requires a detailed knowledge of the approaches to the international law of the relevant country. In this context Great Britain stands out. Positions of Great Britain continue to have a significant impact on the formation of the approaches to the international law of the Anglo-Saxon legal family states. Largely due to the ideas of the British the foundations of the pan-Western system of views on the international law were laid. This article deals with the interpretation of various international law issues by the representatives of scientific schools of several universities in Great Britain. The positions of these scientists concerning the essence and meaning of the international law, its application are of interest from the point of view of their comprehension on the basis of Russian approaches. That is the purpose of this article. Results. The approaches of British scientists to the international law considered in the article demonstrate both similarities and differences in comparison with the domestic international legal doctrine. These include: the vision of the international law as simply a set of rules or as a complex system; the role of normativity in the international law; analysis of some of the weak and strong sides of the international law; international law criticism of the foreign policy courses of certain countries, including Great Britain and the Unites States; consideration of Russia as a country that supports special, far from Western, approaches to the international law.