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Vol 8, No 3 (2021)

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Actual topic

Law of Digital Society: Actual Problems and the Ways of Development

Razuvaev N.V.


The article discusses the digitalization of law enforcement as the most important trend of post-Russian social development. The author believes that attempts to oppose the transition of postmodern society to digital society are scientifically insolvent for several reasons. First, according to the current consensus, post-contemporary (or post-industrial) society is a stage of sociocultural evolution, when advanced technologies, including information technology, begin to play a leading role, determining the further direction of the development of human civilization. Second, the cultural, social, political, and legal uncertainties of the Postmodern Era are not only not permitted but to some extent are exacerbated by the digitalization of society and law enforcement. Thus, according to the author, the rights of digital society develop tendencies, which, in general, are inherent and natural manifestations of postmodern civilization.

As shown in the work, the rights of digital society in the current stage of legal communication development are characterized by a generally greater (compared to preceding stages) accuracy of the iconic means, among which include digital media, as well as their further extraction from objects acting as referred signs. As a result, digital design of the law enforcement generates several problems that have not received adequate solutions.

The most important of those solutions include anonymization of the subjects of legal interactions (primarily states and legal entities, but also physical individuals), as well as the divorce from objects to which these relationships are addressed. These trends generate a crisis of confidence for communication participants, which is a key problem of post-hour law enforcement. In order to overcome such a crisis, the author offers the reconstruction of the rule of law based on human rights and freedoms that protect the fundamental identity and ensure the stability and coherence of legal reality.

Russian Journal of Legal Studies (Moscow). 2021;8(3):9-20
pages 9-20 views

Digital Impacts on Sociopolitical Relations: Problems, Trends, and Prospects

Gaivoronskaya Y.V., Petrova D.A.


The purpose of this study is to find evidence of the digital transformation of sociopolitical relations in Russia, and to catalog the emerging trends and problems therewith. Consequent to the study, two main conclusions were drawn. Firstly, not all processes at the current stage of Russian digitalization can be considered trends of digital transformation—the latter are in their early days. Secondly, it is possible to stop the accretion of negative trends currently affecting the digital transformation of public relations. For this, it is necessary to apply the full potential of scientific forecasting methods, and the efforts of the scientific community should be directed toward this end.

Russian Journal of Legal Studies (Moscow). 2021;8(3):21-26
pages 21-26 views

The Role of Legal Algorithmic Language in the Identification, Disclosure, and Investigation of Extremist Crimes Committed Through Use of the Internet

Bychkov V.V., Prorvich V.A.


For the proper detection, disclosure, and investigation of extremist crimes committed through use of the Internet, it is necessary to create methods for the study of electronic documents and other information contained in systems of various types. At the same time, an important role can be played by information technologies using elements of artificial intelligence, which provide increased capabilities for investigators’ intellectual activities as a result of interaction with them using a legal algorithmic language. Toward this end, it is necessary to create several types of local thesauri and formalize the relationships between the concepts included therein. The features of control over the formation of detailed criminal law characteristics of crimes of the type under consideration, as well as the processing of information in electronic digital form to obtain the necessary evidence, along with their verification and evaluation, are discussed.

Russian Journal of Legal Studies (Moscow). 2021;8(3):27-40
pages 27-40 views

Theory and history of state and law

The Right to Be Forgotten: The Balance Between Public and Private Interests in the Practice of Constitutional Control Organs

Petrova D.A., Galchun E.A.


The internet information and telecommunications network, due to its accessibility and easy storage and distribution of huge amounts of data, and its ability to search and find information, plays a key role in the implementation of such fundamental rights as freedom of speech and the press. At the same time, there is an increasing risk that materials on the World Wide Web may harm the rights and legitimate interests of individuals, especially the right to privacy. In these conditions of eternal competition between the public and the private, the right to be forgotten arises as a mechanism that allows one to remove or slow the spread of unwanted information. The authors investigate the problem of implementing this relatively new opportunity in the context of finding a balance between the public interest in obtaining information and the private interest in destroying it. It is argued that this category of cases is difficult due to the lack of a unified standard of proof and criteria for evaluating arguments. Based on an analysis of the most important precedents, the most common legal positions on the issue are identified and critically assessed. An increasing priority afforded to public interest and the decreasing requirements for the deletion of information is revealed. The authors consider the emergence of the right to be forgotten as a new mechanism for settling disputes in a pre-trial manner, by allowing one to not completely destroy, but to suspend the dissemination of undesirable information, thereby protecting private interests without violating the legitimate rights of the public. The conclusion is made about the right to be forgotten as a compromise in the conflict of fundamental rights. An approximate list of arguments for applicants and respondents is provided, suitable for practical application in disputes about the right to be forgotten.

Russian Journal of Legal Studies (Moscow). 2021;8(3):41-48
pages 41-48 views

Requisite Management Knowledge and Skills for State Civil Officer Competence

Klepikov S.N.


This article examines the universal management knowledge and skills required for “head” state civil officer competence. In this regard, the purpose of the study is to determine what universal management knowledge and skills include and what civil officers should know about management. The author conducts a comprehensive study of the concept of “management” and identifies an approximate list of civil officer management skills. It concludes that management skills are formed mainly through the constant application of universal management principles.

Russian Journal of Legal Studies (Moscow). 2021;8(3):49-56
pages 49-56 views

International law

Some Aspects of Ensuring the Sustainable Development of Education in the European Union

Galushko D.V.


International integration processes in the field of education are particularly pronounced within the framework of the European Union, expressed in the creation of the European Higher Education Area, as well as in the intensification of the Bologna process—the system of harmonization of education systems in European countries. The article is devoted to the identification and consideration of the main trends whose influence on the development of the educational sphere can become decisive for its further development. Among those are university autonomy, ensuring and improving the quality of higher education, the process of internationalization, and standardization and digitalization. The methodological basis of the work was well-known general and particular methods of scientific research. The purpose and objectives of the article were to study the relevant problems of legal support for the development of education in the European Union.

Russian Journal of Legal Studies (Moscow). 2021;8(3):57-66
pages 57-66 views

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

Sedova D.A.


In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. “It has long been recognized,” the verdict of the Nuremberg Tribunal noted, “that international law imposes duties and obligations on specific individuals as well as on the state. […] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected.” To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

Russian Journal of Legal Studies (Moscow). 2021;8(3):67-72
pages 67-72 views

Application of the Principles of International Humanitarian Law (Principles of Distinction, Proportionality, and Precaution) to Armed Conflicts in Cyberspace

Garkusha-Bozhko S.Y.


Information technology development in the modern world affects all spheres of human activity on a global scale, including the sphere of military activities of States. The current level of military information technologies development allows us to talk about a possible new theater of military operations, namely, cyberspace. In this regard, it is necessary to analyze the problem of applying the principles of international humanitarian law (IHL), in particular the principles of distinction, proportionality, and precaution, to armed conflicts in cyberspace, which is the subject of this article. However, the application of the basic principles of this branch of international law in cyberspace raises a number of problematic issues that require in-depth research, specifically the application of principles of IHL to cyberspace. The research of such issues is the purpose of this article.

Based on the results of this research, the author came to the following conclusions: 1) the application of the principle of distinction in cyberspace is unlikely to ensure the protection of dual-use objects. More important for the protection of such objects in cyberspace is the principle of proportionality; 2) whether IT companies that supply technical equipment and software for military needs qualify as a military facility depends on how much such a company is involved in procurement activities; 3) objects in cyberspace that support the military potential of a state are not military objects; 4) social networks are not military targets; 5) in the context of an armed conflict in cyberspace, the parties to such conflicts have a duty to carefully check the cyber means used in a cyber-attack for compliance with the prohibition of attacks of an indiscriminate nature; 6) the issue of taking precautionary measures against cyber-attacks and their consequences is at the stage of developing state practices. However, it should be assumed that this fact does not negate the obligation of States to take such measures in the event of cyber-attacks—this obligation lies with the States due to the application of the principles of IHL to cyberspace.

Russian Journal of Legal Studies (Moscow). 2021;8(3):73-90
pages 73-90 views

Law enforcement

Law Enforcement Activities to Combat Corruption in Corporations: Statistical Data and the Complexity of Law Enforcement

Molchanova M.A.


In the National Anti-Corruption Plan for 2021–2024, one of the main tasks is “to improve anti-corruption measures in the field of business, including those aimed at increasing the efficiency of interaction between government bodies and the business community on anti-corruption issues.” The presented article reveals the main problematic issues in the activities of law enforcement agencies in the field of combating corruption in the economic sector. The author presented statistics and law enforcement practices. Based on the study, the most common violations of anti-corruption laws in corporations were identified. The article emphasizes the need to develop cooperation between law enforcement agencies and organizations in the field of combating corporate corruption, and also identifies the main forms of this activity.

Russian Journal of Legal Studies (Moscow). 2021;8(3):91-96
pages 91-96 views

Law and Economy

Factors of Formation of Tax Behavior and Tax Culture at the National Level

Seliutina T.S.


This article is devoted to issues of national tax system effectiveness and overcoming existing problems with it. Under the current conditions, taxes are the integral lever of government influence on the country’s market economy. As a result, the level of development of the national economy and the conditions in its social sphere are directly influenced by the state of the tax system. The author considers it possible to ascertain the efficiency of the tax system in the broadest sense, namely as an aggregate level of achievement, by its goals. Those goals are set in accordance with the functions of taxation. However, when they are realized, significant disparities and even narrowed interpretations of functions arise. As a result, the existing tax system is flawed and unable to achieve high operational efficiency. As one of the most important problems, the author singles out the problem of incomplete fiscal performance due to insufficient tax discipline arising from a low level of tax culture. The author offers a proprietary interpretation of the factors influencing the specific actions of tax decision makers. From the point of view of tax culture, they are divided into factions that make up the tax culture, factions formed and determined by the prevailing tax culture, and others developed under the influence of alternate circumstances. The author considers the most complete and logical understanding of tax culture to be the level of citizen awareness of the importance of taxes as a source of financing the existence of the state and the performance of its functions. With this interpretation, it is justified to assume that citizens compare the degree of decline in their levels and quality of life due to their taxes, and increases in the quality of their lives by means of the implementation of social and other public functions. The prevalence of the latter leads to increased tax discipline…and the former to its decrease. Although these assessments are always subjective, they can serve as bases for the formation of objective directions for improving the activities of tax authorities and educational institutions and, by extension, the tax discipline of citizens and the business community. The effects are economically measurable and long-term.

Russian Journal of Legal Studies (Moscow). 2021;8(3):97-104
pages 97-104 views

Prevention of Violations of Mandatory Requirements by Antimonopoly Authorities

Kabytov P.P.


The reform of control and supervisory activities of business entities, which has been going on for several years, is aimed at increasing the level of security and eliminating excessive administrative burden. At the same time, one of the fundamental principles formulated in modern management science states that prevention is more important than enforcement. In such circumstances, it is crucial to achieve the goals of the ongoing reform of control and supervision activities, such as the reorientation of control (supervisory) bodies from the detection and suppression of offenses to their prevention. The implementation of this direction is conducted through the introduction in various areas of a set of measures aimed at preventing violations of mandatory requirements. The purpose of the study is to systematize the forms and methods used by antimonopoly units to prevent violations. The methods include formal-legal, formal-logical, interpretation of law, as well as general scientific methods.

According to the results of the study, the author concludes that the implementation of various forms and methods of state control directly aimed at preventing violations of mandatory requirements, such as preventive measures, administrative prevention measures, and preliminary control, plays an increasingly important role in the activities of antimonopoly authorities. The author has formulated proposals for improving the legal regulation and practice of preventing violations of mandatory antitrust laws by the antimonopoly authorities.

Russian Journal of Legal Studies (Moscow). 2021;8(3):105-112
pages 105-112 views

Legal Regulation of Unmanned Vehicles: Foreign and Russian Experience

Petrova D.A., Mukhalov D.V.


The main purpose of this article is to analyze the legal regulation of unmanned vehicles in the world and in Russia. The methodology is founded on various methods and logical techniques of information processing. The principle method is that of analysis: comparative-legal, structural-functional, and formal-legal. The article highlights the growing interest in self-driving vehicles and autonomous control systems in general, as well as the main advantages of using such technologies. It is determined that there is a constant building of capacity within the framework of information systems and technologies, an active search for labor resources, and a constant training of new personnel to expand the segment of autonomous management systems. The article discusses the intention of legislators from a number of states to develop a regulatory framework aimed at ensuring the testing of unmanned vehicles and their access to public roads, as well as the creation of entire networks of unmanned vehicles that can relieve the transport system and improve the economic and environmental well-being of the population. Within the framework of Russian realities, various government initiatives, initiatives of the President of the Russian Federation, and attempts to regulate unmanned vehicles at the legislative level are being considered. The authors have concluded that the issue of unmanned vehicle use, as well as the legal regulation of such vehicle use is on the agenda of many states. Russia’s achievements in the framework of the issue are highlighted separately. The question of the emergence of two models for the development of legal regulation of unmanned vehicles is raised: the Russian model and that (those) of other countries.

Russian Journal of Legal Studies (Moscow). 2021;8(3):113-118
pages 113-118 views


Philosophical Reflection of Law Branches (Report on S.A. Bochkarev's Thesis Review "Theoretical and Methodological Research of Criminal Law as a System of Scientific Study" Submitted to the Competition for the Degree of Doctor Habilitated in Law)

Shultz V.L.


The review evaluates the dissertation research of S.A. Bochkarev "Theoretical and methodological research of criminal law as a system of scientific study", submitted to the competition for the degree of Doctor Habilitated in law. Taking into account the applicant's contribution to science, the review is positive.

Russian Journal of Legal Studies (Moscow). 2021;8(3):119-122
pages 119-122 views

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