Russian Journal of Legal Studies (Moscow)

Данный журнал – это межотраслевое и научно-практическое, мультидисциплинарное издание для широкого круга авторов и читателей, специалистов из различных сфер знания и отраслей права. Основная идея издания состоит в тематическом объединении на страницах журнала воззрений юристов, представляющих различные отрасли права, а также экономистов, философов, политологов, социологов и культурологов на общие и актуальные проблемы российской и зарубежной юридической науки и практики.

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Vol 8, No 1 (2021)

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Actual topic

Technologism as a Suicidal Sentence of Parasitic Civilizations
Shulevsky N.B., Zotova E.S.
Abstract

The article investigates three main aspects of technologism: 1. Technologism has become the last deity, the last religion, and the last hope of the European and American worlds; 2. Technologism is the only basis of the rotten European and American parasitic world which passed a suicidal sentence upon itself; and 3. The era of technologism may be replaced (and may have already been replaced) by the socioepoch (the Other epoch) based on truth, measure, and justice, subjecting asocial and antihuman technologism aggression to these vital values.

Russian Journal of Legal Studies (Moscow). 2021;8(1):9-18
pages 9-18 views
Methods for Analyzing the Impact of Transformational Processes on the Right to Develop the Socioeconomic System in the Context of Digitalization: Scenario Approach (Problem Statement)
Shults V.L., Kulba V.V., Shelkov A.B., Chernov I.V., Timoshenko A.A.
Abstract

The article discusses methodological problems behind increasing the efficient transformation of law in a developed information society and assessing their impact on the processes of socioeconomic development of the state and society. Methods and technologies of analysis and management of the development of complex socioeconomic systems are considered. To solve methodological and practical problems of increasing the efficiency of legislative regulation in the context of digitalization, it is proposed to use the scenario analysis methodology, which provides an opportunity for intellectual support and assessment of the quality of preparation and implementation of decisions in the field of legislative activity. The approach proposed for solving the problems under consideration is based on advanced scenario analysis and modeling of the development processes of situations in the political-legal, sociopolitical, socioeconomind innovation-technological spheres. This will allow us to work out alternative options for the development of the law enforcement situation, for which, in general, information is incomplete and there is a high level of uncertainty in its development. The authors have formulated promising directions for future theoretical and applied research within the framework of the development of the methodology of scenario analysis of social and economic reality, as regulated by the rules of law.

Russian Journal of Legal Studies (Moscow). 2021;8(1):19-36
pages 19-36 views
Digital Technologies in the Analysis of the State of Crime in the Prosecutor's Office
Khatov E.B.
Abstract

The article is devoted to the perspectives of digital technologies in crime analysis. According to the author, the key role of such analysis performed by prosecutors is played by artificial intelligence technologies, extra-big data, and electronic voice assistants. The need for their implementation, appropriate material and technical support, solutions for information security issues, as well as the training of prosecutors in the use of digital technologies, including the basics of programming and visualization of big data, were emphasized.

Russian Journal of Legal Studies (Moscow). 2021;8(1):37-44
pages 37-44 views
Regulating Liability for Crimes Against Monetary Systems in the Context of Digitalized Economic Relations
Pechegin D.A.
Abstract

A monetary system is a historically established model of organized monetary circulation that includes the national monetary unit (legal tender), the types of banknotes, and the order of their issue and circulation. This model is normatively fixed, since it is a core component of the national economy. At the same time, the security of a monetary system is a primary strategic goal in the economy of a nation. The achievement of such a goal is possible by solving specific tasks related, inter alia, to the prevention of criminal actions in the analyzed area.

As key elements of crimes against the monetary system, national criminal legislation should highlight property obtained by criminal means, including laundering of funds (Articles 174 and 1741 of the Criminal Code of the Russian Federation), counterfeiting (Article 186), and the illegal turnover of payment funds (Article 187). Given the dynamics of changes taking place in society and the state, the structures of criminal elements are likewise subject to transformation, especially with regard to the development of digital financial technologies.

The legal vacuum of the new sphere of public relations, its subordination to algorithms and programs on the one hand, and the blank nature of these norms of criminal law, on the other, as well as the imperfections of procedural mechanisms focused on regulating “analog” public relations, as opposed to digital, on the other, form barriers to legal influence. This article is devoted to the analysis of these and other problems of the legislative regulation of crimes that encroach upon the monetary system via digital economic relations.

Russian Journal of Legal Studies (Moscow). 2021;8(1):45-52
pages 45-52 views
Legal Regulation of Federal Budget Expenditures on National Projects
Shevelko D.A.
Abstract

The article analyzes features of the legal regulation of national and federal projects. More than three years have passed since their approval, which forms the basis of this analysis. The purpose of the study was to determine the current state of legal regulation of national projects, including expert assessments from the scientific community. Within this framework, a hypothesis was proposed about legal gaps that affect the implementation of national goals and projects. The objectives of the study are to identify the advantages and disadvantages of regulating national projects and to compare them with the May decrees of the President of Russia and state programs.

The results revealed positive and negative trends in the current legal status of national projects. On the one hand, the author draws attention to the repetition of mistakes in the implementation of the May decrees of the President of Russia and state programs. In particular, the regulatory legal acts do not define the procedure for calculating the financial security of the projects. As a result, they risk failure to achieve their national goals. Systematic problems with the implementation of strategic planning documents indicate a lack of analysis of their shortcomings. At the same time, the methodology for developing new documents could be adjusted within the frameworks. On the other hand, the advantages of legal regulation are also revealed. Among them are the allocation of regulations outside the BC of the Russian Federation, the acceleration of bureaucratic procedures, a minimum list of regulatory legal acts, and expanded powers of the curators. The main drawback was the failure to consolidate the process of preparing a financial justification for the expenditure of national projects (federal projects). At the same time, this disadvantage leads to the risk of leveling all the positive elements of the legal regulation model.

Russian Journal of Legal Studies (Moscow). 2021;8(1):53-58
pages 53-58 views

International law

International Cooperation in Criminal Digital Finance Cases
Belyaeva N.A.
Abstract

The development and application of digital technologies in the areas of governance, economy, society, etc., along with the digitalization of public life, have all led to changes in the legal sphere. The creation of legal rules governing relations connected with the digitalization and transformation of law and legal phenomena and categories are also influenced by the digitization process. The most active development is in the sphere of digital finance. Such concepts as cryptocurrency, tokens, digital financial assets, and virtual money are increasingly taking on their own legal forms. Such new technologies carry risks, because they can be used for both legal and illegal purposes. Since digital technologies are used on the Internet, a completely new, virtual environment of relations has been formed, which is unaffected by the traditional tools of industry legislation. For this reason, at the international level, a regulatory framework is beginning to form for interaction in criminal proceedings that are the subjects or means of digital financial instruments. The difficulty lies in the fact that digital technologies, although essentially based on the same software solutions, face different legal regulations and conceptual contents in different states. The purpose of this article is to analyze the current criminal procedural aspects related to international cooperation in digital finance cases.

Russian Journal of Legal Studies (Moscow). 2021;8(1):59-64
pages 59-64 views

Political and Legal Doctrines

Historical and Political Analysis of the Decentralization Process in Italy
Dudaeva M.V.
Abstract

The author of the article examines the peculiarities of the Italian political space through a retrospective analysis of that country’s longstanding decentralization process. As a starting point, the author takes the end of the Risorgimento era, during which the national liberation movement of the Italian people united against foreign domination of their fragmented nation. A periodization of the decentralization process is given, indicating its main milestones: 1) the establishment of the Kingdom of Italy (1815 to 1871); 2) the Fascist regime (1922 to 1943); 3) adoption of the Italian Constitution and the Statutes of the Special Regions (1947); 4) regional reform (1970) and; 5) constitutional reform (2001). The key criteria for assessing the degree of decentralization in Italy are considered, including whether the regions have the right to adopt their own laws, initiate legislation at the central level, and participate in international activities. The author concludes that the Italian political elite has succeeded in decentralizing the republic and building a new regional policy based on the principles of subsidiarity. The reforms of the political and legal institutional design were mainly related to the delineation of the spheres of competence between the state and the regions, the consolidation of autonomous status for all regions, the abolition of the government commissioner, and the challenge of regional legislation exclusively by the Constitutional Court, creating the basis for the quasi-federal features of the Italian political and legal system. Thus, it is natural to say that Italy belongs to a special “transit” form of state structure of the regionalist type, located at the juncture between unitarianism and federalism.

Russian Journal of Legal Studies (Moscow). 2021;8(1):65-74
pages 65-74 views

Criminal law

The Weapon and Means of Committing a Crime: the Concept and the Relation
Goncharova N.S.
Abstract

Tools and means play integral roles in the commission of a crime. However, their concepts and criteria for differentiation have not yet been clearly delineated by science. The author analyzes the most significant views of scientists on the concept of tools and means in the commission of crimes. He provides criteria for distinguishing them from each other: by functional purpose, the degree (nature) of their impact on the object of the crime, and the form of external expression. He further considers the features inherent in both tools and means: how they “facilitate” the implementation of the criminal goal; refer to optional features of the objective aspects of the crime; how their use significantly increases the degree of public danger of the act and completely depends on the consciousness and will of the subject; and how they justify the author's position on the concepts of criminal law under study. It is concluded that the exact interpretation of the concepts of “tools and means of committing a crime,” the definition of their

Russian Journal of Legal Studies (Moscow). 2021;8(1):75-82
pages 75-82 views

Methodology of Law

Modernization of Prosecutorial Research Methods to Ensure the Rule of Law in the Budgetary Sphere
Lebedeva A.E.
Abstract

The article discusses methods of post-classical scientific research used in Specialty 12.00.11. The author argues for the preservation of historical and legal, comparative-legal, and formal-dogmatic methods and constitutionally protected, rights-based methods in the study of prosecutorial activity in the public sector.

Russian Journal of Legal Studies (Moscow). 2021;8(1):83-88
pages 83-88 views

Law enforsment activities

Development of Algorithms to Identify, Disclose, and Investigate High Tech Crimes of an Extremist Nature Committed Via the Internet
Bychkov V.V., Prorvich V.A.
Abstract

This article examines the most important problems arising in the detection, disclosure, and investigation of high tech extremist crimes committed through use of the Internet. The main source of legal errors is found through the identification of mandatory and optional signs of crimes of this type according to their deployed criminal legal characteristics, have been revealed. The specific features of seven groups of algorithms are described, on the basis of which proper information support of all kinds of investigative actions can be created. The specifics of this system of algorithms, within an interactive expert framework, allow investigators to receive necessary information support in real time.

Russian Journal of Legal Studies (Moscow). 2021;8(1):89-96
pages 89-96 views

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