Vol 16, No 8 (2023)

The content of the provisions of sections I and II of Chapter III “Resolutions protecting public order and personal safety” during meetings of societies, unions and congresses is considered. Touching upon the areas of police activity during private meetings, the author focuses on the specifics of public meetings. This is due to the fact that they have features due to the presence of a significant number of persons of different categories, with different goals. Therefore, one of the questions of the article is devoted to the procedure for the legality of obtaining permission to hold such an event, the procedures for the conduct of officials authorized to be present at the meeting, organizers, managers, chairmen responsible for ensuring public order, life and health of citizens. The article provides prohibitions on holding meetings based on various circumstances (categories of participants, location). Attention is drawn to the specifics of obtaining permits and holding student meetings. The content of the measures taken by the police (officials) in case of illegal (without obtaining the appropriate permission from government authorities) convening and holding congresses of persons of certain ranks or occupations is revealed.

The purpose of the study is to determine the influence of the main methodological approaches and categorical apparatus of Russian legal thought at the turn of the XIX – XX centuries on the process of creating a paradigm of legal understanding of the late XX – early XXI century in Russian legal science. Based on the methodological principle of consistency and an integrated approach combined with the use of a comparative legal research method, the article attempts to identify the historical and theoretical roots of the main concepts of legal understanding of the late XX - early XXI century, trends in their development and modern significance.

Conclusions and results: the article highlights the features of the main methodological directions of the Russian legal understanding of the late XIX - early XX century, which became the basis of the concepts of domestic legal understanding of the late XX - early XXI century: positivism with elements of sociology and normativism, libertarian theory, various variants of integrative concepts, natural law, materialistic theory of law. The practical significance of the article lies not only in self-knowledge of the paradigm of legal understanding, but also in providing upcoming legal research with powerful cognitive tools that allow revealing the deep aspects of legal understanding as a legal phenomenon.

Roman criminal law has had a huge impact on the development of the modern justice system. Its basic principles, such as the presumption of innocence, the evidentiary burden on the prosecution and the punishment in accordance with the crime committed, have become the basis for many modern legal systems. Roman justice sought to protect the rights of the accused and provide them with the opportunity to defend their interests in court, which created the basis for the development of the principle of fair trial. The Romans also made a significant contribution to the development of criminal legislation and criminalistics. In general, Roman criminal law has left an indelible mark on the history of justice and its principles are still applied in many countries around the world.

The article emphasizes that ensuring the information security of the digital economy is possible only on the basis of an integrated approach on an interdisciplinary basis, which is associated with the need to improve the professional interaction of specialists and the training of legal personnel for this area.

Taking into account the proposal of the Cybersecurity Department of the Ministry of Finance of the Russian Federation, functional tasks for the development of a new intelligent information security system as a response to new challenges from cybercrime are conceptually formulated. The author identifies three automation subprograms of the main functions related to the establishment and maintenance of the legal regime for the activities of high-tech enterprises, the functioning of which will allow for real-time operational identification, forecasting and issuing recommendations on the prevention of information security threats at the early stages of their occurrence in the economic activities of enterprises.

Considering the issue of the essence of training a new generation of lawyers for the digital economy, the author notes the low level of legal literacy in this area, which requires the development of new professional retraining programs. The author believes that in order to provide legal services to high-tech enterprises, it is necessary to train lawyers on an interdisciplinary basis who are aware of the changes in legal work associated with the socio-legal consequences of the information revolution and have competencies related to the application of new forms, methods and methods of information protection.

The article was prepared based on the materials of the author's report on November 23, 2023, within the framework of the XIII Moscow Legal Week and the international scientific and practical conference "Legal support for the sovereignty of Russia: problems and prospects" at a joint Scientific and practical conference (section) and an expert session of the Working Group "Regulatory Regulation" of the ANO "Digital Economy": Legal support for digital sovereignty Russia: problems and prospects (on digital Law and the Digital Code). Moscow, Lomonosov Moscow State University, Faculty of Law.

The article reviews the current legislation on the regulation and support of socially vulnerable categories of citizens. It is determined who belongs to socially vulnerable persons and the effectiveness of the measures provided.

This article delves into scholarly research conducted by Russian legal experts on the legal frameworks governing state control and oversight in the construction sector. Undoubtedly, the construction sector, inherently diverse and multifaceted, captures a myriad of subdomains that collectively form the crux of the authors' academic pursuits. The analysis within this article is confined to those aspects previously explored by scholars, emphasizing the range of challenges that have intrigued Russian legal academics in their publications and dissertations. A comparative methodology was used for research, focusing on different scholarly viewpoints pertaining to legal challenges in state control of the Russian construction sector.

Particular emphasis is paid on two existing problems: the relationships between state control and oversight, and the balance between state-mandated regulation and industry self-regulation. It is noteworthy to mention that many solutions proposed in existing literature appear to be both inadequate and incomplete.

The authors conclude that there is a need to intensify research work on issues of legal regulation of state control in the construction sector in Russia. While acknowledging the depth and rigor of past studies, it is pivotal to underline that a significant portion of them were undertaken over ten years ago. Hence, they may not be entirely in line with the prevailing legal regulation or address the emergent complexities of the sector's regulatory landscape.

The purpose of the research. The scientific article examines significant areas for improving legislation on private detective and security activities, relating to: licensing of private detectives and security guards, as well as the qualification requirements for applicants for these statuses; the use of technical means by private detectives; interaction of private detectives and private security organizations with law enforcement agencies. The purpose of the study is to identify existing problems of legal regulation in this area, as well as to design the most effective ways to solve them. Conclusions. As a result of the study, a conclusion was made about the need for more intensive use of the potential of subjects of private detective and security activities to solve law enforcement problems. This requires a revision of the requirements for applicants for a license to carry out private detective activities, as well as the qualification requirements for employees of private security organizations. The scientific article also makes a number of proposals aimed at improving the interaction of private detectives and private security organizations with law enforcement agencies. The authors consider it necessary: to introduce a class approach to licensing private detectives; establish a list of technical and other means permitted in the activities of a private detective; increase the requirements for applicants for a license to carry out private detective and private security activities; review the existing procedure for the exchange of information and interaction between private detectives and the Russian Ministry of Internal Affairs.

Purpose of the study. The article examines the problems that arise in the administration of justice in courts of general jurisdiction and arbitration courts, in particular, the subject of the study is the institutions of exclusive jurisdiction, interim measures, replacement of an improper defendant, as well as the practical implementation of the norms of these institutions. The purpose of the study is to analyze these problems using the example of a specific legal dispute, and to consider the role of the persons involved in the case.

Conclusions. As a result of the study, conclusions were drawn about the presence of many theoretical and practical problems in the judicial system of the Russian Federation. Thus, it was revealed that the dispute belonged to the category of corporate, as a result of which it had to be resolved by an arbitration court, and not by a district court. In addition, it was concluded that KM-Oil LLC was incorrectly involved in the process as a third party and, as a result, the court decision was unfairly made against the said company and the previously imposed disproportionate interim measures. The article provided reasonable arguments to substantiate the stated positions, proposed measures to resolve the incidents that have arisen and the possibility of improving the procedural legislation of the Russian Federation and the existing judicial system.

The scientific article is devoted to the problems of the legal regulation of the use of artificial intelligence technologies in international private law. The main risks associated with the development of artificial intelligence in the modern world and their regulations are discussed. In addition, the features of international legislation are identified in the direction of prospects for regulating the development and use of artificial intelligence technologies in practical activities.

The article analyzes the category of interest from the standpoint of the origin of this term and its conceptual structure. The author's definition of civil legal regulation is formulated and the correlation of private and public interests in this process is shown. The state of the balance of interests is characterized and the difference between the categories of balance and solidarity is revealed for theoretical and practical needs related to the identification of the correlation of private and public elements in the civil legal regulation.

In the early stages of the development of human civilization, religion played a significant role in shaping the laws by which people lived, and therefore it had a significant impact on modern civil law. The purpose of this study is to determine the significance of the Biblical covenants for civil society. The author analyzes the essence of religious norms and customs and determines how religious norms influenced the formation of modern civil law. The author comes to the conclusion that law and religion are two different systems of norms that play an important role in regulating public relations. While law is based on laws and has legal control mechanisms, religious norms are based on faith and have spiritual consequences, while religion sanctifies values, attitudes and codes of conduct that are unshakable and unconditional and are able to legitimize socially significant values and give them the authority necessary to comply with the stated principles and laws.

Terrorism is the main threat undermining the security of any state and a destabilizing factor of increasing social tension. Ensuring national security as a priority activity of the state involves combating the manifestation of various forms of terrorism. The purpose of the study was - to analyze the level of criminalization in society from threats of terrorist nature, consideration of the terminology of terrorism, enshrined in the legal framework and scientific doctrine, as well as the characterization of the essence and forms of manifestation of terrorism as a threat to national security of Russia. As materials were used scientific works on the problem under consideration, as well as statistical data reflecting the level of criminalization of crimes of a terrorist nature, published on the portal of legal statistics of the General Prosecutor's Office of the Russian Federation. The analysis of terrorism as a global problem that poses a threat to national security allowed the authors of the study to characterize the essence of modern terrorism, forms of its manifestation and formulate a vision of the criminal situation in our country.

The purpose of the study. The article analyzes the criminalistic possibilities of identification of a person using modern habitoscopic techniques for the study of signs and signs of a person's appearance, taking into account the use of innovative digital technologies. Conclusions. The individuality of a person creates an opportunity, and in some cases (taking into account modern methods and technologies) guarantees the possibility of its identification. Signs and omens of a person's appearance (forensic characteristics of a person) are carriers and sources of criminalistically significant information. Modern possibilities of forensic identification of a person by signs and signs of appearance, taking into account the use of innovative digital technologies, are constantly increasing and expanding.

The purpose of the publication is to familiarize yourself with the experience of the criminal legal fight against corruption in the CSTO states. Conclusions obtained during the study.

The results of the study show that it is useful for the Russian legislator to take into account the provisions of the criminal legislation of other CSTO countries in their further activities on the development of relevant regulations on liability for corrupt behavior.

The scientific significance of the publication lies in the preparation by the authors of the publication of a number of proposals for improving Russian criminal legislation in the field of combating corruption.

The practical significance of the publication lies in the fact that the materials presented in the article can be used by Russian legislators in further work to improve the regulatory framework in the field of anti-corruption. In addition, the ideas presented in the article are useful for taking into account the activities of legislators of other CSTO countries.

In recent decades, the involvement of a minor in committing crimes has acquired new, dangerous signs due to the impact of remote users on the mass behavior of adolescents. The spread of the “Internet virus of spontaneous destructive subcultural communities” motivates minors to commit new offenses and crimes befitting the criminal ideology imposed by virtual manipulators. In the current geopolitical situation of the Russian Federation, the degree of public danger increases significantly when minors are involved in committing crimes against public safety, public order, the foundations of the constitutional order and the security of the state. The objectives of the scientific research are to analyze the negative impact of the chaotic horizontal system of Internet education on minors, delinquent behavior as a result of manipulation of mass behavior, the spread of the “Internet virus of spontaneous destructive subcultural communities” among minors, individual signs of criminological, criminal law and criminological characteristics of crime, provided for in Article 150 of the Criminal Code of the Russian Federation. The main conclusions based on the results of the study: an analysis of the patterns of education and formation of new generations of minors and youth, the consequences of virtual manipulation of mass behavior and the inclination of minors to destructive acts was carried out. Based on the results of the study, additions were formulated in parts 5 and 6, which must be introduced into Article 150 of the Criminal Code of the Russian Federation with justification for the current criminalization of the use of the media, electronic or information and telecommunication networks in the involvement of minors in committing crimes, as well as their involvement in crimes against public safety , public order, the foundations of the constitutional order and state security.

The purpose of the research. The article discusses the problematic issues of determining some signs of an organized criminal group. The factors that make it possible to distinguish the forms of an organized criminal group from other forms of complicity are analyzed, and to properly qualify crimes related to the activities of organized criminal groups. The purpose of the study is to identify the essential features of the organization and their definition, which is essential for proper qualification.

Results. As a result of the conducted research, the author comes to the conclusion that in criminal law and judicial practice, the concept of an organized group and a criminal community (criminal organization) is absent, and therefore it is advisable to give a legal definition of these forms of complicity. Considering the issues of the quantitative composition of organized criminal groups, the author believes that the number of participants in an organized group should be at least two, and the criminal community (criminal organization) - at least four. Exploring the concept of such a feature of an organized criminal group as stability, the author believes it is possible to understand by such the duration of the existence of the corresponding criminal association, due to the presence of stable interaction of its participants.

Short excursus in history of criminal punishment in the form of death penalty is carried out in the article. Comparison of history development of punishment in the form of death penalty Russian and Kazakhstan is conducted (periods are covered: pre – Soviet, during the USSR, and modern time). The tendencies of development issue of cancel death penalty within the framework of international cooperation is marked in the article. Conducting policy of the Republic of Kazakhstan in relation to death penalty is also pointed out. The arguments of for and against concerning application of criminal punishment in the form of death penalty is considered. Giving arguments with practical examples on groundlessness of position «for» keeping death penalty in the present time. Author is speaking out own point of view concerning of punishment in the form of death penalty.

As we celebrate the 75th anniversary of the Universal Declaration of Human Rights, experts in the humanities are assessing the role and significance of the Universal Declaration of Human Rights in their speeches and publications. By familiarizing themselves with this material, readers and listeners will gain additional useful information of an interdisciplinary nature regarding the first international human rights instrument in the history of mankind. The attitude and assessment of specialists towards the Universal Declaration of Human Rights varies from praise to derogatory criticism, which, from the point of view of the scientific research approach, is a normal practice.

The purpose of this paper is to present historical facts, events, and statistics in a systematized way to explain the key provisions of the Universal Declaration of Human Rights.

As a result of analyzing and taking into account historical facts, events and statistical data, the author believes that the reader will be able to properly assess the role and significance of the primary source of the international human rights protection system, which is the Universal Declaration of Human Rights, and answer the question of whether this Declaration is necessary for the international community in the context of degrading international human rights system.

This article explores the legal regulation of the use of nuclear energy in outer space, in particular, the issue of the use of nuclear energy sources in space objects is considered. The purpose of this research is to analyze the existing norms of international law governing the possibility of using nuclear energy in space, as well as to identify gaps in such regulation. In addition, the study is aimed at more detailed research of the existing norms of “soft law”, in particular, the Principles Relevant to the Use of Nuclear Power Sources in Outer Space 1992 are considered. It is practically the only regulator of the use of nuclear power sources in outer space. The article provides an analysis of the fundamental conventions in the field of regulation of nuclear energy in the context of its application relatively to space, which is based on the opinion of competent scientists of international nuclear law and international space law.

The author of this article conducts a detailed analysis of the regulatory framework in the field of using the energy of the atomic nucleus in space, namely, by using the comparative legal method, the fundamental norms, ideas and advantages, as well as drawbacks of such legal acts as: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies 1967, Convention on Early Notification of a Nuclear Accident 1986, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 1986, Principles Relevant to the Use of Nuclear Power Sources in Outer Space 1992 are revealed.

The author comes to the conclusion that the existing legal regulation of the use of nuclear energy sources in space is not complete, comprehensive and sufficient, but notes that steps towards better regulation are being made, which is already a good trend and indicates a huge amount of work done.

This article reflects analysis of the current provisions of international treaties, as well as “soft law” documents in order to more fully identify the essence of the issues under study. This article will be useful to students of law schools, graduate students, teachers of public international law, international energy law, international nuclear law, international space law as well as all those interested in the issue of usage of nuclear energy for the outer space missions and the resolution of the problem of legal regulation of this complicated issue.

The purpose of the study. The article analyzes the possibilities, regulatory and legal grounds, goals and objectives, types and forms of attracting citizens to confidential assistance to bodies carrying out operational investigative activities at the present stage. Within the framework of the conducted research, the issues of expediency and effectiveness of the implementation of the aforementioned assistance in the fight against crime, its prevention and in countering terrorist threats are considered. Conclusions. The results of the study show that the effectiveness of the ORD is objectively impossible without a certain degree of secrecy, or at least the confidentiality of this process. According to the author, conspiracy and the combination of public and tacit methods and means are one of the main applied principles of the implementation of the ORD (naturally, within the framework of compliance with the principle of legality). Persons who assist in the ORDO are protected by the State in legal and social aspects. The provision of such assistance by a person is an opportunity (one of the legal ways) to implement the constitutional right to protection from criminal encroachments.