Gaps in Russian Legislation

The responsibilities of the police of the Russian Empire “to protect public health” are indicated, including measures to ensure the cleanliness of public places, water sources, and the prevention of epidemics and diseases. The content of supervision over compliance with established sanitary rules, encouraging persons who violate such rules to stop illegal activities is revealed. Attention is drawn to a special rule, according to which the police, having perceived the lack of a proper response to the implementation of sanitary rules on the part of authorized officials and institutions, are obliged to report this to the relevant authorities, in order to achieve appropriate supervisory influence. The activities of the police to suppress the illegal trade in poisonous, potent drugs in the absence of special licenses are considered. The illegal establishment of cemeteries was excluded, and when burying the dead, bodies were transported and interred on the basis of mandatory regulations (rules). Some attention is paid to protecting public morality, primarily regarding lewdness and the operation of dens of debauchery. The provisions of certain international legal acts signed by the Russian Empire and which played a certain role in preventing the police from harmful effects on the health of the population and its public morality are briefly presented.

In this article the author makes an attempt to include into legal discourse some ideas and provisions of representatives of the neo-Schumpeterian direction of political economic thought. In addition, a brief historical and legal analysis of industrial revolutions is given, which served as a material basis for substantiating the synergy of economic and legal thought in terms of studying the problem of the influence of technological revolutions on public life. Based on the results of the study, the author comes to the conclusion that representatives of the neo-Schumpeterian direction pay due attention to the legal regulation of the economy, especially at the stage of transition to a new technological structure, as a result of which the provisions of this scientific school can be used in the future to predict and justify promising directions for the development of state-legal sphere.

The purpose of the research. The article analyzes the concept of understanding administrative arrest as a type of judicial administrative punishment through the prism of the historical experience of the national model of public force. The purpose of the research is to analyze the development of legislation on administrative liability in relation to administrative arrest in retrospect in order to establish criteria for classifying administrative arrest as judicial administrative punishments and prospects for the application of this type of punishment.

Results. As a result of the research, the authors come to the conclusion that the axiomatic nature of the modern perception of administrative arrest as a judicial administrative punishment is based on a long and logical path of development of legislation on administrative liability and the experience of the legislator's search for the optimal model of public force. The authors note that the basis for classifying administrative arrest as judicial administrative punishments is the criterion of limiting the personal constitutional rights of a person subjected to administrative punishment. Despite the discussion in the scientific community regarding the expediency of maintaining administrative arrest, the authors note the objective need of the legal system for this type of administrative punishment for the effective implementation of the administrative and protective function of the state, provided that the exceptional nature of its appointment is preserved.

The author analyzes the provisions of the Law regarding an experiment for the development and implementation of artificial intelligence (AI) technology in Moscow and the Government Decree developing it “On the approval of the Regulations on the implementation of an experimental legal regime in the field of application of artificial intelligence technologies in Moscow”. The purpose of the work is a theoretical and practical understanding of various aspects of the implementation of AI, as they are fixed at the level of relevant normative legal acts. The formulated goal assumes, within the framework of the study, the solution of such a task as identifying the features of the proposed experimental legal regulation. The result of the work is the conclusion that a number of provisions fixed by the acts under consideration (for example, changes in the regulation of personal data, etc.) are objectively conditioned by the transition from the knowledge economy to the data economy. On the other hand, with the existing shortcomings of the current regulation, it has been revealed that the benefits provided by AI are significantly leveled today by the concerns and prejudices of citizens, which probably need to be dealt with separately when implementing various initiatives in the field of AI.

The present study is devoted to the issue of defining the concept of insurance compensation under contracts of compulsory motor third party liability insurance (hereinafter - CMTPL) in the system of related concepts of CMTPL using the formal-legal method of research. The article considers various approaches of insurance organisations to the concept of insurance indemnity in the context of legal relations in the field of CMTPL insurance, as well as examines the practical problems faced by both professional participants of the insurance services market - insurers, and persons who apply to them, whose property, in particular vehicles, has suffered as a result of damage caused to them by the perpetrators of road accidents. The paper analyses both regulatory legal acts in the field of CMTPL insurance and the practice of insurance organisations in carrying out their obligations under CMTPL insurance contracts in terms of insurance indemnities and related concepts: ‘insurance payments’, “organisation of vehicle repair”, “insurance amounts”, etc. The paper concludes that it is necessary to establish legally the definition of the concept of insurance indemnity, to include in the content of this concept the organisation or payment for repairs within the insurance sum, and to justify the need to increase the terms of insurance indemnity in the form of repairs under CMTPL insurance contracts from thirty to forty-five days.

This article analyzes crimes related to the illegal trafficking of narcotic drugs and psychotropic substances in the context of Russian criminal law. Various categories of such crimes are considered depending on the degree of their social danger. Special attention is paid to the criminal-legal assessment of actions and proposals for improving the regulatory framework to protect public health and ensure law and order. The article emphasizes the importance of constant analysis and adaptation of the legal system to changing conditions, as well as discusses strategies to counteract the illegal distribution of narcotic substances.

This article is devoted to the criminal legal issues of terrorism and organized crime from the point of view of the relationship and appropriate legislative consolidation of these negative social and legal phenomena in the articles of the Criminal Code of the Russian Federation.

The provisions of criminal legislation are analyzed as they relate to criminal offenses constituting terrorist activities. Signs have been identified that make it possible to classify certain articles of the Special Part of the Criminal Code of the Russian Federation as belonging to the sphere of organized crime. Factual circumstances are indicated that allow, in the manner prescribed by the Criminal Procedure Code of the Russian Federation, to prove specific signs indicating the presence of organization in the crime. The relevant provisions of the decisions of the Plenum of the Supreme Court of the Russian Federation are given.

The authors' position is formulated regarding the list of articles of the Special Part of the Criminal Code of the Russian Federation related to terrorist activities. Signs of criminal legal characteristics are identified that make it possible to classify specific articles in the specified list as the sphere of organized crime.

It is noted that in a number of articles providing for criminal liability for terrorist activities, their organized nature is indicated as qualifying or specially qualifying features, and in other articles the signs of organization are constitutive, that is, they are signs of the main element of the crime.

A number of conclusions have been made regarding the state of criminal law ensuring the protection of the sphere of public relations from the terrorist threat, especially of an organized nature. The constantly evolving nature inherent in both the phenomenon of terrorism and organized crime is noted.

Proposals have been formed aimed at improving the provisions of the Criminal Code of the Russian Federation in the area of public relations under consideration.

The work is aimed at a fairly wide range of readers. It seems that it can arouse interest not only among specialists in the field of criminal law and criminology, legislators and law enforcers, but also among students and graduate students of law schools interested in this problem.

The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.

The article examines theoretical and applied problems of criminal liability for deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) with an emphasis on the features of doctrinal interpretation and regulatory regulation. Scientific understanding of the stated problem pursued the goal of expanding the extensive fundamental knowledge already achieved by criminal legal thought about the essential features of the elements of its composition. Within the framework of the research objectives, through systemic, functional and logical-legal analysis, a systemic relationship between intentional bankruptcy in its contradiction and unity with the categories of bankruptcy legislation was identified.

The conclusion is substantiated that those provided for in Art. 196 of the Criminal Code of the Russian Federation, a socially dangerous act is a crime committed with the aim of illegally obtaining benefits in the form of the final liquidation of an organization, or avoiding liability for non-payment of debt.