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Vol 16, No 2 (2023)
Theoretical and Historical Legal Sciences
The Problem of the Impact of Globalization on State Sovereignty
Abstract
The purpose of the study. This article examines the problem of state sovereignty. For this purpose, the features of modern globalization processes are analyzed. The purpose of the study is to establish that the state sovereignty of other countries is now being purposefully destroyed in the interests of the United States, using such a phenomenon of modern political and legal life as globalization. Conclusions. As a result of the study, the authors conclude that the desire of the United States to destroy the state sovereignty of other countries is due to their attempts to preserve their world domination, which they are losing. The unipolar world is becoming multipolar. The special military operation in the Donbas is changing the modern world towards the realization of the value of state sovereignty as a reliable barrier against the plunder of the national wealth of countries, peoples, access to their national resources. In this regard, conflicts may arise between States with unpredictable consequences.
15-18
Modern Trends in the Development of State Sovereignty
Abstract
The purpose of the study. This article examines the problem of the development of state sovereignty in the context of the prevailing ideology of neoliberalism. The fact is that in this paradigm, state sovereignty is seen as a vestige of the past system of international relations. It does not solve social, moral, etc. problems, divides the world community into «golden» and other billions.
Conclusions. As a result of the conducted research, the authors come to the conclusion that in the modern world there is a problem of strengthening state sovereignty, which is associated with the negative influence of the currently dominant neoliberal ideology on international relations. However, at present, its national security depends on the strengthening and development of the state sovereignty of the Russian Federation. Currently, it is under economic sanctions and in a state of conflict interaction with other States.
19-22
Counterterrorism: Conflicts in the Legal Minimization of Consequences
Abstract
The purpose of the article is to conceptually analyze the approaches in the Russian anti-terrorist legislation to minimizing the consequences of terrorist attacks and other manifestations of terrorism and to theoretically substantiate the author’s legal concept of a counter-terrorist operation. As a result of the study, a conflict in the legislation between the limited content of the legal concept and other norms of Russian legislation on countering terrorism was revealed. Theoretically substantiated and argued the need to amend the legislative definition of a counter-terrorist operation to eliminate uncertainty in the law in terms of expanding the conditions for conducting activities to minimize the consequences.
23-30
Prospects for Legal Regulation of the Use of Delivery Robots
Abstract
The purpose of the article is to study the shortcomings of the regulatory framework for the use of specific autonomous vehicles (delivery robots), despite the maturity of the underlying technology. The object of the study is public relations in the field of road safety related to the development and operation of delivery robots with autonomous control. At the same time, the subject of the study is the regulatory legal acts underlying the development and functioning of autonomous unmanned robots. Within the framework of the research methodology, using the comparative legal method, the analysis of the main stages of development and formation of technologies for the use of delivery robots was carried out. Special attention is paid to the study of various studies to determine the main advantages of using autonomous unmanned robots.
Autonomous delivery robots are being developed all over the world, and the first prototypes are already being tested in Russia. Automatic delivery trucks are also used in Germany, the United Kingdom and the United States of America (USA), where they provide a promising solution to the problem of direct delivery of goods to the consumer, which is commonly referred to as «last mile» delivery.
Related regulatory issues range from data protection and liability for offenses to mundane areas such as traffic rules that a logistics service provider must take into account.
31-35
Technology and Law: to the Formulation of the Problem
Abstract
The technological revolution and its social consequences are currently being studied mainly in the paradigm of philosophy, history, and sociology. However, legal science has not yet developed a systematic view of the significance, problems and prospects of the impact of the technological development of society on the processes of legal regulation of social relations, the impact of the technological revolution on legal consciousness, the legal system, the structural elements of law, as a result of which, for this branch of scientific knowledge, the problem of technological revolution retains novelty.
The purpose of this article is to study the technological revolution as a phenomenon that has a direct impact on the development of law, to analyze the causes, consequences, essence and progressive aspects of the technological revolution. Based on the results of the study, the author concludes that at the present stage, the technological revolution, having an all-encompassing effect on legal institutions, is the leading law-forming factor, and in the context of legal science, this phenomenon can be the subject of legal research.
36-41
The Evolution of the Legal Regulation of Property Taxation in Russia in the Period from the 10th to the 20th Century
Abstract
The purpose of the research. The purpose of the research is to identify patterns in the frameworks of evolution of property taxation in historical retrospect. Special attention is paid to the role of property tax in the taxation mechanism as a whole. Conclusions. The legal basis of property taxation was actually formed only in the XV-XVI centuries. After the formation of the centralized Moscow state, the role of property taxes was predominant, since land was considered as a key value. The problem of land taxation was the lack of a unified assessment system for determining the amount of taxes. In turn, the result of Peter I’s reforms can be identified unification of approaches in the taxation of property, reducing the possibility of subjectivism. The mechanism of collection of property taxes up to the Soviet period assumed a significant role of local self-government bodies or other private individuals (for example, in the case of pay-off under Peter I), whose powers included determining the characteristics of a particular property in order to tax it. The establishment of consistent legal regulation of taxation of property occurred in the XIX century. It was at this historical period that the division of movable and immovable property took place, all elements of taxation were legally regulated, as well as benefits in the payment of property taxes were determined, the tax base depending on the value of the land was fixed. In order to levy property taxes on the consistent relationship of taxation of income and property, the use of household, poll, income, property principles. The system of property taxes applied in the XX century was not distinguished by harmony and consistency, which is explained by rather abrupt changes in state policy (for example, the transition from a new economic policy to collectivization and industrialization). In addition, property taxes objectively lost their importance when all resources were concentrated in the hands of the state.
42-47
Public Law (State Law) Sciences
The 2020 Amendments to the Constitution of the Russian Federation and Parliamentarism
Abstract
The purpose of the study. The 2020 amendments to the Constitution of our country are of great importance. Their volume, nature, and essence indicate, from our point of view, in fact, a new edition of the Basic Law of the Russian Federation. The amendments in one way or another affected almost all the most important state-legal institutions. This fully applies to such of them as parliamentarism. And it is the analysis of innovations here that is the purpose of this article. First of all, the author’s concise definition of parliamentarism is presented - the supremacy of parliament. It was emphasized that the attitude to this institution in our country was different. So, under socialism, it was actually denied. The revival of parliamentarism began in the 90s of the last century, which was most vividly reflected in the Constitution of the Russian Federation of 1993. In the Amendments to it in 2020, innovations concerning parliamentarism were expressed primarily in the provisions concerning the organization of the Supreme People’s Representation of Russia – the Federal Assembly of the Russian Federation, especially the status of its members; the functions of the national parliament, and first of all the long-established control authority; formation of a number of the most important state bodies. The main issue of parliamentarism is the relationship between the parliament and the government. conclusions. The analysis of the 2020 Amendments to the Constitution of the Russian Federation indicates that parliamentarism is and will be one of the most important institutions of national statehood. He is the most important guarantor of ensuring the supremacy of the Federal Assembly – the Parliament of Russia. The amendments follow the path of increasing the status of parliamentarism, improving it, and first of all in the sphere of its control powers. When preparing the article, first of all, three main scientific research methods were used–dogmatic, historical, comparative.
48-54
Waste Management as an Indicator of Sustainable Development: Implementation in the Russian Federation
Abstract
The purpose of the research. Every year the number of resources consumed is growing. The amount of waste produced is also increasing. Such problem is inherent in Russia and the whole world as a whole. The article analyzes: the concept and the goals of sustainable development, the effectiveness of the indicator of sustainable development – waste management, the «garbage» reform. The purpose of the research is to identify the presence or absence of waste management efficiency in the Russian Federation today. Results. As a result of the research, the author comes to the conclusion about the close relationship between environmental, social and economic components. Effective waste management is possible with reduced consumption and using eco-friendly technologies in waste recycling and disposal. The waste management indicator has been adapted in Russia in accordance with the Decree of the President of the Russian Federation dated May 7, 2018 № 204. One of the main waste management measures is the implementation of the «garbage» reform. The reform has shown good results: increasing the level of sorting of solid household waste, creating a unified system for handling solid municipal waste.
55-60
Legal Cooperation Between Russia and China in the Field of Protection and Conservation of Biodiversity
Abstract
The purpose of the research. The article discusses the legal problems of the functioning of the sphere and the development of mechanisms in the field of protection, conservation and sustainable use of biological diversity of the Russian Federation and the People’s Republic of China. The purpose of the study is to identify ways to solve emerging problems and further prospects for the development of national legislation and the emergence of mechanisms for international cooperation. Results. As a result of the conducted research, the author comes to the conclusion that legal support for the protection, conservation and sustainable use of biological diversity requires improvement of strategic planning documents and mechanisms for their practical implementation. The genesis of the legal regulation of these relations indicates the need to eliminate gaps and conflicts existing in the national environmental legislation of Russia and China. The problem of conservation of biological diversity is trans-border in nature, which determines the high degree of importance of prospects for international cooperation in this area.
61-65
Problems of Constitutional and Legal Regulation of Property Rights in the Russian Federation
Abstract
The purpose of the study. The article deals with the problems of constitutional and legal regulation of property rights in Russia. The current legislation regulating the legal status of various forms of ownership is analyzed. The purpose of the study is to identify the main trends and features of the regulation of this right in domestic legislation and the most significant provisions defining the position of property in the legal system, the role of property rights and the differences between its subjects. Conclusions. As a result of the conducted research, the author comes to the conclusion that equal protection of all forms of property, enshrined in the Constitution of the Russian Federation, in a legal sense, cannot be implemented due to the expansion of the list of objects of state and municipal property in comparison with private, as well as differences in the methods of acquiring property rights depending on the subject. The differences in the legal status of a public and private owner are revealed. The possibility of restricting the right of private property in cases provided for by law is disclosed. Intellectual property is singled out as a separate category that is not included in the system of property rights due to the peculiarities in the form of its existence and the powers of the subjects.
66-73
Forms of Manifestation of Physical Violence and Their Signs as Part of the Administrative Offense of Beatings (Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation)
Abstract
The modern understanding of unlawful physical violence requires legal analysis to determine the forms of its manifestation, and their features. The analysis was carried out as part of the consideration of the offense «Battery», provided for by Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). Scientific ideas and judicial practice served as the basis for determining the signs of beatings and other violent acts as an administrative tort. In addition, a conclusion was made about the only possible way of committing an offense of this category, the reasons for beatings were established, which indicates their distinctive features from beatings as a crime under Art. 116 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation).
74-78
Private Law (Civil) Sciences
79-81
Separate Legal Categories Characterizing Crimes Committed in the Field of Procurement
Abstract
The article deals with the issues of legislative regulation of legal categories characterizing crimes committed in the field of procurement for state and municipal needs. The legislation regulating the sphere of procurement and the mechanisms of criminal law protection is analyzed. The purpose of the study is to identify and analyze the features of the legal regulation of such concepts as «procurement», «contract system» and others. This is necessary to determine the main directions of development of the Russian system of legislation. As a result of the conducted research, the author comes to the conclusion that the use of special concepts of sectoral legislation or terms of broad interpretation in the criminal law norm without taking into account their specifics and unification for the purposes of criminal legislation creates conceptual uncertainty. The current mechanism of criminal law protection of relations in the field of state and municipal procurement is no exception to this statement, which is reflected in the approach to determining objective and subjective signs of the composition of such crimes.
82-88
Theoretical and Practical Aspects of the Application of the Machine-Centric Concept in Order to Determine the Authorship of the Result Created with Artificial Intelligence Technologies
Abstract
Recently, the problem of applying a machine-centric concept in order to determine authorship for a result created with the help of artificial intelligence technologies has been actualized. Based on the analysis of the legal doctrine, the author comes to the conclusion that the machine–centric concept does not correlate with the theoretical justifications of copyright, since all the theoretical justifications of copyright relate to a specific subject - the author-a person. The author also analyzes the latest judicial practice in this area. In conclusion, the author of the work comes to the conclusion that the analyzed theoretical and practical aspects make it possible to identify a more negative approach to solving the question of whether an artificial intelligence system can be named as the author of the invention. The author sees the possibility of securing the rights to the results created with the help of technologies, subject to the formation of new theoretical justifications. In particular, the answer to this request may be an anthropocentric concept, suggesting the possibility of using technology as a human tool.
89-94
Forms and Directions of Behavioral Supervision of the Bank of Russia: Protection of the Rights of Consumers of Financial Services
Abstract
Тhe subject of this study is the norms of Russian financial legislation and scientific sources containing information on the directions of behavioral supervision of the Bank of Russia, in particular, on the protection of the rights of consumers of financial services. The object of the study is the social relations arising during the implementation of banking supervision and behavioral supervision of the Central Bank of the Russian Federation. The author examines in detail the forms of behavioral supervision of the Central Bank of the Russian Federation, and also analyzes one of the directions of their implementation is the protection of the rights of consumers of financial services. Particular attention is paid to the forms of behavioral supervision and how they are implemented in the protection of the rights of consumers of financial services. The main conclusions of the study are the establishment of the classification of forms and directions of behavioral supervision of the Bank of Russia from a set of doctrinal views and empirical experience. The novelty of the study lies in the fact that before the author, the topic of forms and directions of behavioral supervision of the Bank of Russia was not specifically considered. The author attempts to determine the classification of forms and directions of the phenomenon stated in the topic of the article.
95-100
Recovery of Foreign Assets of Persons Controlling Credit Organizations
Abstract
The article deals with individual cases and problems of recovery of property and other assets of persons who previously controlled the activities of credit institutions (banks) and were held liable for losses caused to banks through their fault. Particular attention is paid to the analysis of existing mechanisms for the recovery of property located abroad, including the search for such property, the direction of court requests and the enforcement of court decisions in other states. In addition, the problems of interaction on the topic with the so-called “hostile states” in the context of international sanctions and restrictions are considered.
101-107
The Concept and Classification of Unfriendly Actions of Foreign States
Abstract
The content of the Federal Law «On measures of influence (counteraction) on unfriendly actions of the United States of America and other foreign states» is analyzed; the concepts of «unfriendly actions», «political and economic sanctions», etc. are revealed; additions to the analyzed law are proposed that can increase the effectiveness of its application; the subject composition of persons subject to unfriendly actions is specified.
108-111
Formation of Corporate Governance in Credit Institutions that are Aimed at Implementing a Sustainable Development Strategy
Abstract
The purpose of the research. The article reveals the specifics of the implementation of corporate social responsibility in the banking sector. The author evaluates the existing legal regulation in the field of sustainable development. The purpose of the study is to identify the mutual influence of the corporate governance system in a credit institution and factors related to the environment and society. The article examines the benefits of implementing sustainable development goals and taking into account ESG factors in the activities of credit institutions. The author notes the need to take into account the social and environmental agenda when making management decisions by a credit institution. The article reflects the following aspects of taking into account the Sustainable Development Goals and ESG factors: in the economic activities of credit institutions and in relations with counterparties, in the process of risk management, in the framework of investment activities. Results. The article presents mechanisms for introducing sustainable development issues and ESG factors into corporate governance of credit institutions, including through reforming the system of internal bodies, fixing goals and values in local acts of the organization, effective disclosure of non-financial information. The author emphasizes the active role of the Board of Directors in the implementation of the ESG strategy. The article concludes that there is a need for partnership between a credit institution and a wide range of stakeholders for effective and full consideration of sustainable development goals and ESG factors in the activities of a credit institution.
112-120
Civil Law Regulation of the Storage of Files of Members of Self-Regulating Organizations in the Construction Sector
Abstract
The purpose of the research. The article discusses one of the problematic and ambiguous issues that arise in self–regulating organizations of the construction sector - the transition to electronic document management and storage of documents in electronic form. The relevance of this issue is due to the digitalization of many areas of activity and, as a consequence, the need to address issues arising from the use and storage of electronic documents in self-regulatory organizations of the construction sector. The main goal of this work is to analyze the legislation regulating the legal status of electronic documents, as well as problematic surveys of the storage of cases of members of self-regulating organizations and formulate possible solutions to them. Results.The issues of storing the files of members of self-regulating organizations require reform at the legislative level.
121-128
Definition of the Concept of High-Tech, Innovative Small and Medium-Sized Businesses
Abstract
At the moment, the development of high-tech and innovative small and medium-sized enterprises is receiving great attention from the Government of the Russian Federation.
The purpose of writing the article is to form definitions of high-tech, innovative small and medium-sized enterprises, because it is impossible to take measures to support and develop these small and medium-sized enterprises without identifying their distinctive features. The current regulatory documents and programs do not reflect the specifics of the activities of high-tech and innovative small and medium-sized enterprises. The specifics of the activities of high-tech and innovative small and medium-sized enterprises don’t reflected in the current regulatory documents. The legislation defines only «small innovative enterprises». In the state support of small and medium-sized high-tech, innovative entrepreneurship there is no targeting.
A new support program No. 469 dated 03/25/2022 on the provision of preferential loans to small and medium-sized enterprises of high-tech industries was considered.
The conclusions obtained during the study allowed us to form the concepts of high-tech enterprises, innovative subjects of small and medium-sized businesses.
129-134
Specifics of Conducting Scheduled Inspections in the Exercise of State Control (Supervision) and Municipal Control in Relation to Business Entities in the Context of Unfriendly Actions of Some Foreign States
Abstract
There is analyzed the regulatory legal framework for conducting scheduled inspections of business entities in the implementation of state control (supervision) and municipal control in the face of unfriendly actions of some foreign states. It is noted that as regulatory easing, changes were made to some federal laws, in connection with which, in recent years, scheduled inspections have been carried out only in cases established by law. Attention is drawn to the special procedure established during scheduled inspections of small and medium-sized businesses.
135-137
Problems of Social Security and Protection of Families with Children of Mobilized Citizens
Abstract
The purpose of the study. The article discusses measures of social assistance and support for mobilized citizens and their families, systematizes the types of benefits that are provided by legislation in relation to this category of citizens, identifies problems of their application in practice, caused, among other things, by the lack of the necessary conceptual apparatus in the field of family relations. The author defines a fundamentally new meaning of the criteria traditionally used for the appointment of social payments, their features are revealed when using the method of situational regulation of social relations in connection with the need to ensure the protection of the rights of mobilized citizens in the shortest possible time.
The article offers an analysis of the measures provided for by the legislation to support the families of the mobilized, their advantages and individual imperfections are revealed, their complex and intersectoral nature is proved, a conclusion is formulated about the practical convergence of public and private interests in ensuring the protection of the rights and interests of mobilized citizens and their families.
138-145
Prospects for Legal Regulation of Cryptocurrency Mining in the Russian Federation with Regard to International Experience
Abstract
This scientific and analytical paper studies and analyzes the existing and prospective solutions in the sphere of legal regulation of crypto currency mining in foreign countries and in the Russian Federation. The legal and socio-economic aspects of the legal regulation of crypto currency mining in Russia are wholeheartedly considered in the scientific and analytical aspect of this work, and the characteristics of the existing draft law, designed to build a system of legislation around the activity of mining crypto currencies, are given.
146-151
Bank Request Within the Law on Combating Legalization of Proceeds of Crime
Abstract
The subject of research by the authors of the article is the legal nature of such a banking control tool as a request for the law on combating legalization of proceeds of crime, its form, procedure for sending to the client and content, including in connection with the response. Based on an analysis of the existing relationship of named parties in this part of the practice, conflicts and gaps in legal regulation are indicated in this part and options for resolving them are proposed.
The purpose of this work is to identify conflicts and gaps in the legal regulation of the relationship between the client and the bank due to the implementation of the latter control measures for the law on combating legalization of proceeds of crime, to show the need to establish clear requirements for such a banking control tool as a request for the law on combating legalization of proceeds of crime, to set one of the directions for improving the legal regulation of banking control.
152-157
State Regulation of Production and Economic Activities in Mining in the Arctic
Abstract
The article discusses the issues of state regulation of production and economic activities in the development and extraction of minerals in the Arctic. The main regulatory and legal acts of entrepreneurial activity in the Arctic were investigated. Some aspects of legal regulation of environmental protection and protection are highlighted, relevant in the development and development of deposits in the Arctic for the development of the economy and ensuring the environmental safety of the country. It is necessary to take state measures for further legal study of the protection and protection of the environment during mining in the Arctic, as well as systematize regulatory legal acts in the field of development of the Arctic zone of the Russian Federation.
158-162
Conflict Regulation of Digital Law in the Russian Federation
Abstract
Due to the relevance and cross-border nature of digital rights, the article examines the procedure and mechanisms for conflict regulation in Russian legislation. The features of foreign experience in establishing digital law are also mentioned. The determination of the applicable law is of great importance for the normal maintenance of the functioning of cross-border traffic in the field of digital legal relations. Therefore, consideration and analysis of the approaches of civil scientists will push to an ever wider interest in the designated topic among a wide legal circle.
163-168
Analysis of Russian Legislation on Digital Currency from Legalization to Prohibition
Abstract
The article analyzes the regulation of cryptocurrencies as an object of civil rights in Russia from the beginning of the introduction into the legal field to the prohibition of legal actions. The amendments to the civil code of the Russian Federation were analyzed, federal laws affecting the regulation of digital currency were studied: «On attracting investments using investment platforms and on amendments to certain legislative acts of the Russian Federation» and «On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation», a legal assessment of the project was given draft law on amendments to the federal law «On digital financial assets, digital currency and amendments to certain legislative acts of the Russian Federation». An assessment of the activities of crypto exchanges and miners is given. The issue of using digital currency in order to circumvent sanctions on the banking system of the Russian Federation and making payments was raised. The judicial practice of applying legislation on disputes related to the alienation of digital currency is analyzed. A conclusion has been formed about the use of digital currency in the conditions of sanctions related to the complexity of currency transfers outside Russia.
169-174
CTP Insurance in the Legal Aspect: New Approaches and Prospects
Abstract
The article notes the relevance to date of the problems of law enforcement in legal relations on civil liability insurance of vehicle owners. The author touches upon the economic and legal aspects of CTP. Judicial practice has been analyzed, gaps in legislation have been identified, and proposals for making appropriate changes have been made.
Conclusions. By its legal nature, the subjective right of choice granted by law to the victim, which consists in repairing the vehicle (despite non-compliance with the requirements) or in refusing to fulfill the insurance obligation in kind, is not an opportunity to choose the method of execution, which is understood as monetary or in-kind forms of insurance compensation. For this reason, the insurance obligation for this category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation) does not apply to alternative ones.
It is necessary to establish clear and exhaustive grounds in the legislation, which are exceptions to the general rule on the form of compensation in kind for a certain category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation).
The insurance obligation (we are talking, among other things, about CTP) and the legal relationship for compensation of damage in the part in which it is not covered by insurance compensation, are by their legal nature independent obligations.
175-181
Limits of Financial and Legal Regulation of Certain Types of Digital Relations
Abstract
The purpose of the study. The needs associated with the implementation of various kinds of transactions, the formation of a system of continuous earnings and passive income, the manifestation of personal qualities on the Internet are continuously being formed in society. Technologies determine the processes of transformation of monetary relations. The exchange of goods, works and services is increasingly taking place in the virtual space, which leads to the need for a state response to such processes and the adoption of existing legal norms, the introduction of various settlement tools, the formation of a digital financial ecosystem. Any innovations accompanied by legal tools cannot manifest themselves in an absolutely free form. For effective management, the state is forced to establish various frameworks in which the participants of various public relations are supposed to carry out activities, including financial relations of an innovative type. The article analyzes the issues of circulation of digital currency and digital financial assets. The author conducts a comparative analysis of the concepts of digital currency and national digital currency (in particular, the digital ruble), concluding about their significant differences. The signs of digital currency and digital financial assets are investigated. Attention is paid to changes in legislation that are somehow related to digital currency and digital financial assets. The article also conducts research on the limits of legal regulation of relations related to the issuance and circulation of digital currency, digital financial assets. Conclusions. The author notes that the distinctions in the conceptual apparatus of digital economic relations are becoming increasingly valuable in the formulation of legislative provisions. At the same time, the paper emphasizes that it is necessary to establish a clear division of powers of the Bank of Russia with government authorities implementing programs to optimize digital infrastructure, introduce new innovative elements into socio-economic relations, as well as law enforcement agencies tasked with protecting public interests and preventing illegal circulation of digital currencies and digital financial assets in the for selfish purposes of an illegal nature.
182-186
Entrepreneurial Activity in Modern Realities: Public-Legal and Private Legal Aspects
Abstract
The article pays attention to the concept of a model of state regulation of the economy, provides a classification of state response measures to the introduction of the sanctions regime by a number of countries. The necessity of changing the model of state regulation of the economy in the field of business is proved. The relevant measures to change the model of state regulation – of a private and public legal nature - are analyzed. Such measures include increasing the role of unitary enterprises in the Russian economy, expanding the capabilities of non-profit organizations to carry out entrepreneurial and income-generating activities, more effective use of the insurance mechanism to protect the interests of entrepreneurs, as well as the use of compensation as a way to terminate obligations. It is proposed to introduce in Russia a system for preventing consequences associated with risks and a system for preventing harm in construction.
187-192
Criminal Law Sciences
On the Issue of the Impact of Re-Socialization on the Mechanism of Countering Recidivism
Abstract
The problem of recidivism is especially acute at the present time. This fact is due to the socio-economic problems faced by persons released from places of deprivation of liberty.
Crimes committed by recidivists are characterized by increased social danger, since often the level of preparation for them is much higher than for crimes committed by persons for the first time. In this regard, along with the goals of punishment set for the bodies of the penitentiary system, no less significant is the implementation of functions aimed at assisting convicts in resocialization and social adaptation after release from places of deprivation of liberty.
Of great importance in solving such problems is the resocialization and social adaptation of convicts, the effective implementation of which contributes to counteracting recidivism.
The article notes the relevance and importance of the institution of probation, regulated at the legislative level in February 2023, which seems to be an important step towards the formation of an effective mechanism for the resocialization of persons released from places of deprivation of liberty.
201-204
Historical and Legal Aspects of Prosecutor’s Supervision of Intelligence Activities in the Russian Federation
Abstract
The relevance. The origin, formation and further development of prosecutorial supervision over intelligence activities as an independent scientific direction is dictated, first of all, by the emergence in the Russian Federation of an independent intelligence law. It was it that determined the need for not only an official, but also an unofficial doctrinal (scientific) interpretation of prosecutorial supervision of operational-investigative activities as an independent type, separating it into an independent legal direction.
Formulation of the problem. The article is devoted to the analysis of the essential problems of the historical and legal understanding of the organization of prosecutorial supervision over intelligence activities in the Russian Federation. The article describes the historical and legal aspects of the supervisory activities of the Prosecutor’s Office of Russia in relation to the intelligence activities. The correlation of the historical and legal understanding of the goals and objectives of prosecutorial supervision, in general, with the subject and limits of this type of supervision is analyzed, based on the scientific historical and legal understanding of the legal norms of various legal institutions. The ways of ensuring the rule of law in the intelligence activities are outlined through the prism of a comprehensive, expanded understanding of the essence of prosecutorial supervision of the intelligence activities at various stages of its formation, taking into account the goals and objectives in their relationship. The prosecutor’s supervision of the intelligence activities in the Russian Federation is considered as an integral, independent, rather separate direction of the prosecutor’s functions.
Purpose of the study. Based on the analysis of the accumulated experience and existing scientific approaches to prosecutorial supervision over the operational-search activities of the internal affairs bodies, characterize it and highlight the historical and legal aspects of prosecutorial supervision over the operational-search activities of the internal affairs bodies of the Russian Federation.
Research methods: dialectics, hermeneutics, analysis, content analysis (in the selection and study of material on the topic); comparative legal (in the study of legal phenomena and theories of regulatory legal acts).
Results and key findings. As a result of the study, based on the analysis of practice and literature in the field of prosecutorial supervision of operational-investigative activities, the author’s edition outlines the historical and legal aspects of the supervisory activities of the Russian prosecutor’s office in relation to operational-investigative activities; conclusions are described on the correlation of the historical and legal understanding of the goals and objectives of prosecutorial supervision, in general, with the subject and limits of this type of supervision, based on the scientific historical and legal understanding of the legal norms of various legal institutions; outlined ways to ensure the rule of law in operational-investigative activities through the prism of a comprehensive, expanded understanding of the essence of prosecutorial supervision of operational-investigative activities at various stages of its formation, taking into account the goals and objectives in their relationship.
The author’s conclusion is made and substantiated about the expediency of building a systematic and consistent combination of functions, both law enforcement and human rights, including because the need for prosecutorial supervision of the legality of operational-search activities is determined not by general, but by special, sectoral means of supervision and control specifics.
205-216
To the Prevention of Juvenile Delinquency
Abstract
This paper describes a very relevant and big problem at the moment - juvenile delinquency and related theoretical issues and aspects, as well as practical ones. It’s told that juvenile delinquency determines both the development of all crime in general for several years ahead, and the work of legislation to combat crime both now and in the future. The main topical problems that are components for this issue are determined. The ways of combating this type of crime, as well as the possibilities of its elimination, are determined. This work tells about the dangers of juvenile delinquency, as well as the results of its prosperity, tells about what it can lead to both at the social and at the state level as a whole. Also, special attention in the work is devoted to the ways of the origin of juvenile delinquency and its causative determinants, which expand their circle from year to year. It is said about the volume of this problem at the moment, as well as the relevance of both itself and the fight against it. There is a question of a full-fledged and multifaceted regulation of this problem by involving various public institutions. The results are summarized, which bring out proposals for solving the currently existing problems in this area, as well as concrete solutions that require legislative reflection.
217-220
On the Issue of Improving Legislation and Subordinate Legal Acts Providing for Responsibility for the Smuggling of Particularly Valuable Wild Animals and Aquatic Biological Resources Belonging to Species Listed in the Red Book of the Russian Federation and (or) Protected by International Treaties of the Russian Federation
Abstract
The purpose of the research. The article discusses the issues of improving legislation and subordinate legal acts on responsibility for smuggling of especially valuable wild animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation and (or) protected by international legal treaties of the Russian Federation.
Based on the study of the current criminal legislation, as well as a number of subordinate legal acts, scientific papers on environmental safety and materials of operational and investigative practice, a conclusion is made about the inconsistency of certain legal provisions and the need to eliminate them. In particular, it is proposed to include musk deer (moschus spp.), real ginseng (Panax ginseng C.A. Mey) and matsutake mushroom (mushroom of the genus Ryadovka (Tricholoma) of the family Ryadovkovye (Tricholomataceae) in the list approved by the Decree of the Government of the Russian Federation of October 31, 2013. No. 978 «On Approval of the List of Especially Valuable Wild Animals and Aquatic Biological Resources Belonging to Species Listed in the Red Book of the Russian Federation and (or) Protected by International Treaties of the Russian Federation for the Purposes of Articles 226.1 and 258.1 of the Criminal Code of the Russian Federation».
221-227
Criminalistic Characteristics of the Crime in the Information Basis of the Support of the State Prosecution: Controversial Issues
Abstract
The article analyzes the possibility of using the criminalistic characteristics of crimes as an element of the information basis of the methodology of maintaining public prosecution. In recent years, a significant number of theoretical papers and practical manuals have appeared, the authors of which believe its use in this capacity is absolutely necessary. At the same time, there are sufficient grounds to disagree with such opinions. The criminalistics characteristic was initially developed as a set of information about the typical circumstances of the commission of certain types of crimes at a certain level of abstraction. It can be accepted as a source material for putting forward a version about a person who committed a crime without eyewitnesses. It is advisable to appeal to her only in the absence of any useful information on the basis of which it is possible to put forward an acceptable version about this person, to determine the ways and means of her research. This circumstance practically eliminates the need to refer to the criminalistics characteristics of the prosecutor - the public prosecutor. He restores the picture of the crime, in the consideration of the criminal case about which he is to participate, on the basis of studying his materials, establishing the genuine, but not likely existing circumstances of the act prohibited by criminal law, incriminated to the accused. It is more correct for him to use at this stage a standard criminalistics methodology for investigating crimes of the appropriate type to clarify the issue of the exhaustive use by the investigative body of procedural and other means to ensure the comprehensiveness, completeness and objectivity of pre-trial proceedings in the criminal case under study. This conclusion can be reached not only by the results of the analysis of scientific papers and practical manuals, but also by studying the materials of the practice of prosecutorial supervision in pre-trial criminal proceedings and the maintenance of public prosecution. They testify to the inadmissibility of attempts to mechanically transfer the methods, means, techniques of criminalistics used in the identification and exposure of persons who have committed crimes to the stage of judicial proceedings, in which the prosecutor - public prosecutor carries out their criminal prosecution in other legal conditions. This does not exclude the use of certain forensic recommendations in the support of public prosecution, however, approaches to their definition should be balanced and more focused on the development of tactics for the fate of the prosecutor - public prosecutor in the judicial investigation in typical situations. arising at this stage of the trial.
193-200
On the Question of Improving the Terms and Procedure for Appealing a Number of Actions and Decisions in Criminal Proceedings
Abstract
Observance of the right to appeal a number of actions and decisions in criminal proceedings is of paramount importance for the protection and provision of the rights and legitimate interests of participants in the criminal process. Despite the fact that the current criminal procedure legislation defines in great detail the specifics of the commission of specific actions and the adoption of decisions within the framework of investigative and judicial activities, in practice there are quite often situations that create threats of violation of the rights of various participants in criminal proceedings. The institution of appealing against actions and decisions is of great practical importance not only for participants in criminal proceedings, but also for authorized investigative and judicial bodies, since in the process of appealing their activities are improved in a qualitative way, in the part where the spread of illegal behavior occurs. The purpose of the presented study is to analyze the latest changes in the criminal procedure legislation regarding the timing and procedure for appealing a number of actions and decisions. The authors come to the conclusion that the criminal procedure legislation is one of the most dynamically developing at the present time, which is objectively due to the need to ensure the rights and legitimate interests of participants in criminal proceedings, taking into account the modern realities of organizing and administering justice and applying to public authorities. Attention is focused on the timeliness and fairness of the increase in certain terms for appealing against actions and decisions in criminal proceedings, which, on the one hand, is objectively due to the workload of the judiciary and the need to increase the time for their consideration of complaints, on the other hand, the importance of preparing appeals, which also requires much more time, than previously prescribed by law. The justification for clarifying and improving certain procedural aspects of appeal in criminal proceedings is noted.
228-232
The Organizer of the Crime: the Concept and Criminal Legal Meaning
Abstract
Purpose of the study. The organizer of the crime is part of the structure of the institution of complicity, while in criminal law, as a legal science and branch of law, this concept and its differentiation with other accomplices is crucial and, as a result, in the evolutionary process of legal concepts, it has gained a reputation as the most complicated. The definition of the concept of «organizer of the crime» will reveal significant, stable and strong links between events and actions. Through this concept, taking into account the patterns and direction of actions, it is possible to achieve uniformity in the assessment of the event as a whole and the qualification of the actions of the accomplices of the crime in particular.
233-238
Features of the Election and Application of Preventive Measures in the Form of Supervision and Prohibition of Certain Actions Against Juvenile Suspects, Accused (According to the Legislation of the Republic of Tajikistan and the Russian Federation)
Abstract
The article reveals the issue of electing and applying to persons under the age of 18 a non-isolating preventive measure in the form of transfer to minors under supervision. The features of the supervision of minor subjects of crime by parents, guardians, trustees, and other persons are analyzed. It is proposed to include in the criminal procedure legislation of the Republic of Tajikistan such a preventive measure as the prohibition of certain actions (by analogy with Article 105.1 of the Criminal Procedure Code of the Russian Federation). Taking into account the trends in the development of Tajik legislation in the direction of the development of the juvenile justice system, it is noted that it is expedient to include the election of coercive measures against juvenile suspects accused in the functionality of the juvenile investigating judge, which will serve as an additional guarantee of legality in the implementation of criminal proceedings against these persons.
239-243
Arrest as a Type of the Criminal Punishment in the Republic of Kazakhstan
Abstract
Criminally-legal character punishment of arrest as a type of punishment in criminal law of the Republic of Kazakhstan is given in the article. It’s essence and particularities of imposition this punishment are showed. Also compares with another criminally-legal institutions is carried out. Analyzing problems, which are arizen after inclusion criminal punishment in the form of arrest in operation Criminal Code of the Republic of Kazakhstan, including status of the independent punishment, spreading law consequences on the arrest, which are applied by deprivation of freedom, particularities of the arrest serviceman, period of the arrest, questions are connected with imposition of the punishment in the form of arrest. Moreover, questions are arizen, with which practice will be collide in the future, in particular, possibilities of imposition of the arrest for attempted criminal infraction. Criminal punishment in the form of arrest in the frame of the categorization of crimes, also possibility of the imposition of arrest to women and men with young children over the age of three are considered. About possibility of imposition arrest conditionally is analyzed the question. Consideration practical realization and big financial expense for introduction of arrest is analyzed the question of the necessity of arrest. To take into account that arrest is relatively a new type of the punishment in operation kazakh criminal legislation lead to experience of the foreign states.
244-250
Principles of Criminal Proceedings, Their Concept, Essence, Order of Formation, Signs and Meaning
Abstract
The purpose of the research. The article analyzes the concepts of the principles of criminal proceedings and their essence; examines the procedure for the formation of both individual principles and their system as a whole; provides a list and characteristics of their features; provides a reasonable assessment of their significance for criminal proceedings. The principles of criminal proceedings have great social value. They act as a legal means of ensuring an objective and fair resolution of a criminal case on the merits and the adoption of a lawful, reasonable and fair final procedural decision on it within a reasonable time, that is, as a guarantee of the implementation of justice. The principles of criminal procedure are fundamental for all criminal procedural institutions and for the implementation of the activities of all participants in the criminal process. Based on the results of the study, proposals are made to resolve controversial situations in the issues under study and optimal effective solutions for them are proposed.
251-256
On the Problems of Unsettled Features of Participation in Criminal Proceedings of Persons with Disabilities
Abstract
The purpose of the research. The article draws attention to the fact that the Russian criminal procedure legislation does not systematically and comprehensively regulate the issues of participation of persons with disabilities - persons who, as a result of socially significant reasons, are not able to independently fully realize their procedural status of participants in criminal proceedings. Conclusions. By referring to the experience of a number of foreign states, international legal acts, modern humanistic views, the need to move to a new stage in the development of Russian criminal procedure legislation in terms of regulating the institution of participants in criminal proceedings, ensuring their rights and protecting legitimate interests in conjunction with the concept of social legal states. A number of terms and concepts are proposed, such as persons with disabilities, proper participation in criminal proceedings, special criminal procedural status, etc. It is proposed to use the compensatory approach developed by the author to ensure proper participation in criminal proceedings of persons with disabilities.
257-261
The Principle of the Language of Criminal Proceedings: Concept and Mechanism of Implementation
Abstract
The paper examines the problematic issues of defining the concept of the principle of the language of criminal proceedings and the criminal procedural mechanism of its implementation. The author substantiates that this mechanism consists of two components: a mechanism for protecting the rights and freedoms of participants in criminal proceedings who do not know or do not sufficiently know the language of legal proceedings and a mechanism for ensuring the realization of the rights and legitimate interests of such persons, which constitute a single criminal procedural mechanism for implementing the principle of the language of criminal proceedings. The elements of the mechanism of implementation of the principle under consideration are revealed and the need for its improvement is justified.
262-267
Categories of «Sufficiency» and «Merit» when Deciding on the Release of a Person from Criminal Liability on Evaluative Grounds
Abstract
The purpose of the study. The article examines the content and meaning of the categories «sufficiency» and «merit» in resolving the issue and terminating a criminal case or criminal prosecution on non-rehabilitating grounds. The implementation of the considered incentive form of criminal proceedings in the form of exemption from criminal liability is associated with the evaluation activity of the court or official. The purpose of the study is to identify problems of a law enforcement nature in determining the «sufficiency» of positive post-criminal actions of the accused (suspect) and the «deservedness» of his release from criminal liability on non-rehabilitating grounds. Conclusions. The author comes to the conclusion that when a person is released from criminal liability, it is not possible to establish the true attitude of a person to the procedural legal relations taking place with his participation. The «sufficiency» of post-criminal actions and actions of the accused (suspect) and the «deservedness» of encouragement by him cannot be assessed by the court in isolation from the opinion of the victim. In order to eliminate defective practices, it is necessary to clearly define the conditions, requirements and standards for the use of incentives in criminal proceedings, as well as criteria for evaluating the behavior of a person applying for an incentive.
268-272
Selected Aspects of Financial Investigations
Abstract
The article discusses some aspects of financial investigations. The legislation regulating the financial sphere, such categories as financial violations, as well as the special knowledge necessary in the implementation of financial investigations are analyzed. The purpose of the study is to identify and analyze the features of financial investigations. This is necessary to determine the main directions of development of the Russian system of legislation, as well as law enforcement practice.
Conclusion. As a result of the conducted research, the author comes to the conclusion that at the present stage of the development of economic relations, the search for new forms of investigation of financial illegal acts required the combined efforts of not only lawyers, but also economists. Competent and timely use of the capabilities of forensic examinations and special knowledge allows you to effectively identify the signs of financial criminal activity, the persons who committed them, which ultimately contributes to the decision to initiate a criminal case, and also has a subsequent beneficial effect on the investigation process as a whole.
273-278
Phishing as a Threat to Business and the State
Abstract
In this article, emphasis is placed on the relevance of problems related to the threats of fraudulent actions affecting businesses and individual citizens. The situation related to the theft of funds through telecommunication channels is thoroughly examined. A common method of fraud that impacts both businesses and citizens is discussed. The concept of phishing is explained, and the norms associated with criminal law protection of these relations are analyzed. All types of fraud provided for by the Criminal Code of the Russian Federation are studied.
The purpose of this work is to demonstrate the threat posed by fraudulent activity using phishing for businesses and society, and to suggest ways to address these problems. As a result of the research, the authors propose amendments to the resolution of the Plenum of the Supreme Court of the Russian Federation concerning the concept of phishing and all possible methods of fraud at the current stage of development of society and the state. For law enforcement, it is recommended to qualify the actions committed under Article 159 of the Criminal Code of the Russian Federation, as this norm covers the entire spectrum of possible methods. In addition, the authors suggest decriminalizing Article 159.6 of the Criminal Code of the Russian Federation, as it does not reflect the current reality and leads to errors in its application.
279-283
International Legal Sciences
Scientific and Methodological Approaches to the Creation of a Data Matrix as a Priority Instrument for the Development of the «Single Window» Mechanism in the Member States of the Eurasian Economic Union
Abstract
The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (Union, EAEU) in the framework of interaction with the World Customs Organization.
A task. To form scientific and methodological approaches to the creation of a Data Matrix as a priority tool for the development of «the single window» mechanism in the Member States of the Eurasian Economic Union (data matrix).
Conclusions. The research article is devoted to the issue of creating a Data Matrix as part of the implementation of clause 9.4. of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions). The methodological approaches formed in the article, as well as proposals, can be used in the course of expert work on improving customs regulation and trade facilitation in the EAEU.
Social Consequences. The study is associated with the implementation of the Strategic Directions in direction 9 in terms of the Commission, together with the Member States, working to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system.
Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission and can be used by its experts as part of the work of the Commission’s Working group to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system.
The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence».
Originality/value. The research material is based on an analysis of the practical aspects of the Commission’s activities and is the result of a comprehensive study of the issue of improving Union law and trade facilitation procedures based on the best practices of customs regulation.
284-296
The Inadmissibility of Digital Misuse as a Type of Negation of Unfair Conduct in the Law
Abstract
Objective. The reason for writing this article is the existing problems in the jurisprudence of digital rights infringement cases due to the lack of (1) clear procedural rules on the forms of seeking evidence of digital rights infringement; (2) types of interim measures applicable; (3) rules on the mandatory participation of an IT specialist in such cases. The purpose of the article is to study some types of unfair behavior in cyberspace in order to develop legal means to negate such behavior. The author, through the prism of the requirements of the principle of good faith, examines the features of legal protection against misuse of electronic signatures and abuses in the operation of digital platforms, based on the opinions of a number of Russian scientists and foreign jurists (G.A. Mann and J.D. Wright).
Model. The methodological basis of the article is the analysis of Russian and foreign jurisprudence on cases of digital rights violation, synthesis and generalization in the form of formulation of general legal means of negation of bad faith behavior in cyberspace as a method of legal regulation inherent to the principle of good faith. The area of research is the violating digital rights bad faith behavior, which develops the principle of good faith through conflict, because in the absence of a dispute (conflict) good faith is assumed and not noticeable. Law develops in conflict.
Conclusions. Denial of bad faith behavior is a new method of legal regulation based on the principle of good faith. This method evolved in two ways: (1) first there appeared norms in practice (in civil law contract, internal corporate regulation, judicial positions of courts); (2) then there appeared written norms in law. The inadmissibility of digital misuse is a type of negation of bad faith in the law. As digital technologies evolve, modern jurisprudence regularly reveals new violations of digital rights, which is the basis for the formation of norms in the law prohibiting such unconscionable behavior due to the requirements of the principle of good faith. The article highlights new legal remedies necessary to protect against bad faith in cyberspace.
Scope of research/probability of further use of the results of scientific work. The results of the study are part of a new comprehensive approach to the study of «bad faith behavior» as an independent legal concept, as well as to the substantiation of a new method of legal regulation - the negation of bad faith, on the basis of which can be allocated and systematized types of negation of bad faith and related legal means for protection against bad faith in various fields of international law.
Practical value. Тhe author considers it necessary to identify and systematize the known in judicial practice in the current historical period types of denial of unfair behavior in cyberspace in order to enable the legislator to fix norms-prohibitions of these types of unfair practices in the law already now. The law, not having enough time to regulate rapidly developing commercial relations in the digital environment, can promptly buy out the types of unfairness revealed by the courts.
Originality/value. The article is addressed to the legal scientific community, legal practitioners, may be useful to law students at universities.
297-304