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Vol 10, No 3 (2023)

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Computer Modeling of Criminal Manifestations in the Field of Digital Rights: Basic Approaches and Algorithms

Prorvich V.A.

Abstract

Considering the substantive features of the digital rights recently introduced in the current legislation indicates that the rules of information systems established by their owners are the most vulnerable to crime. An increased level of risk is created by the possibility introduced by Russian entities to use the digital rights of foreign information systems because their rules do not meet the requirements of Russian legislation. This significantly complicates the disclosure of blanket dispositions of the relevant criminal law norms, which represents the solution of inverse challenges that have a certain analogy with the solution of integral equations with several uncertainties. The described system of computer modeling of criminal manifestations in the field of digital rights covers all challenges, the solution of which will create a modern system of criminal law protection of subjects concerning digital rights. The first part is aimed at preparing and justifying changes and additions to criminal legislation and procedures. The second part covers the challenges of proper information and methodological support for investigative actions concerning the establishment of the subject of proof, collection, verification, and evaluation of evidence in relevant criminal cases. This passage describes the features of the approaches and methods used for the formation of appropriate hierarchical systems of legal algorithms. It also details how the creation is based on the packages of applied computer programs for practical application in an interactive mode.

Russian Journal of Legal Studies (Moscow). 2023;10(3):7-20
pages 7-20 views

Theoretical and historical legal sciences

Justice as a Principle and Purpose of Law Enforcement

Chukin D.S.

Abstract

The preservation of an individual’s personal and species identity depends on their affiliation with specific forms of cooperation. Living together deprives individuals of certain freedoms and promises, such as compensation, security, and the possibility of self-realization. However, such a guarantee can only be provided by a specially organized society that, due to the correct organization of relations between parts and the whole, achieves a synergistic effect. The generalized indicator of such a society is justice, which accumulates other values that are significant for individuals, such as freedom, equality, and solidarity. The historical experience of human communities shows that the most reliable of the known instances of justice is positive (state) law. This article provides an argument supporting the thesis that justice, as the objective of law, is achieved during its application, especially when it acts as one of its guiding principles.

Russian Journal of Legal Studies (Moscow). 2023;10(3):21-30
pages 21-30 views

Public law

The Most Common Type of Political Regime under Capitalism

Kerimov A.D.

Abstract

In this article, the author proposes that the most common type of political regime lies beneath the dominance of capital plutocracy. The author differentiates opposing trends in specific actions taken by various factions of the ruling class to define their value orientations. The article focuses on the pro-Western fifth column, a prominent class in our country, comprising individual representatives of power structures and open-minded professionals, while expressing full support for a part of the domestic establishment (headed by the President of the Russian Federation, Vladimir Putin) and the associated patriotic intelligentsia whose aim is to comprehensively revive Russia’s power. At the same time, the author believes that the mobilization of all institutions of the state and society is necessary to defeat the collective West, a feat that is only possible by upholding the fundamental foundations of capitalism.

Russian Journal of Legal Studies (Moscow). 2023;10(3):31-40
pages 31-40 views

Some Aspects of the Reform of the System Public Administration in the Russian Federation

Bulashov B.N.

Abstract

For many people, statements concerning the inferiority of the understanding of the usefulness of forming teams by a leader, rooted in public consciousness, may seem irrational and illegitimate. However, from the author’s perspective, the opportunity provided to the heads of government state structures to form what is referred to as “teams”, often populated with trusted individuals, and appoint them with additional benefits, can foster corruption and undermine the principle of honor and integrity. This is one of the reasons why, despite Russia’s possession of 33% of the world’s natural resources, it contributed only 1.98% of the global GGP as of December 1, 2018. The process of forming what is often referred to as “management teams” mainly operates to serve interests other than those of the state and society. To a large extent, this process is due to the shortcomings of personnel work, and the legal regulation of the procedure for appointment to high public positions. The author was the first to initiate a discussion on this topic.

Russian Journal of Legal Studies (Moscow). 2023;10(3):41-50
pages 41-50 views

Features of Administrative Punishment for Socially Oriented Non-Profit Organizations, as well as Small and Medium-Sized Businesses

Rogacheva O.S.

Abstract

This article explores the first application of the provisions outlined in Article 4.1.2 of the Code of the Russian Federation on Administrative Offenses that establishes a special procedure for imposing administrative fines. The author analyzes the procedure and features of the application of the provisions and determines its position in the area of sentencing for administrative offenses. Finally, the author presents the preliminary results of analyzing the effectiveness of these provisions.

Russian Journal of Legal Studies (Moscow). 2023;10(3):51-58
pages 51-58 views

Legal Protection in the Implementation of State Control (Supervision) and Municipal Control: Looking for a Balance of Interests

Rogacheva O.S., Nosova Y.B.

Abstract

This article provides an analysis of the legal protection of controlled persons in the implementation of control and supervisory measures. The authors comprehensively considered legal protection in the implementation of control and supervisory activities, as a set of legal and organizational means to maintain a balance of private and public interests. However, due to the insufficient legal formalization of the legal categories “public” and “private” interests, the prevailing importance in determining their content is assigned to the discretion of the court when making certain decisions. The authors conclude that the determination of the balance of participants in the control and supervisory relations clearly hinges on the regulation of the peculiarities of the implementation of the legal status of subjects of private and public law

Russian Journal of Legal Studies (Moscow). 2023;10(3):59-68
pages 59-68 views

The Concept of Legal Facts-Events in Tax Law and Their Role in Tax and Legal Regulation

Irina I.A.

Abstract

Legal facts (events) are relatively infrequent occurrences in tax law. The influence of legal facts (events) on the dynamics of the tax-legal relationship is debatable. Thus, the fragmentation of the study of legal events considering the so-called volitional classification of legal facts is noted. In this article, we analyze the position of events in the area of the legal facts of tax law and characterize its importance and value.

Russian Journal of Legal Studies (Moscow). 2023;10(3):69-74
pages 69-74 views

Psychological Knowledge as a Necessary Component of Successful Professional Activity of a State Civil Servant

Klepikov S.N., Bokov S.N.

Abstract

This article examines some psychological terms and reveals the mechanism of the occurrence of some mental phenomena that are most common in the professional activities of civil servants, which affect their mental well-being. The authors analyzed the mechanism of occurrence of stress, anxiety, and emotional burnout, allocated an approximate list of stressors in the civil service, and developed strategies for coping with stressful situations.

Russian Journal of Legal Studies (Moscow). 2023;10(3):75-84
pages 75-84 views

On the Concept and Objective Attributes of the National Interests

Alimova D.R.

Abstract

The relevance of the subject matter in this article can be attributed to the growing interest in both scientific papers and legal acts. Despite the widespread use of this concept, there is no consensus in legal science regarding its precise definition or content.

The purpose of this article is to develop scientific provisions that reflect the patterns of development and functioning of the state’s national interests. Thus, while developing this article, the author set the following principles: to define the concept of national interests, describe the stages of their definition, identify the objective properties of national interests, and reveal the characteristic features of the reflection of national interests in the strategic acts of the Russian Federation.

However, while studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods such as ascending from the abstract to the concrete and the system-structural method. Additionally, specific scientific methods such as formal-legal were applied, and logical tools for knowledge, including analysis, synthesis, deduction, and induction.

As a result, the following conclusions were drawn:

1) national interests can be defined as the basis on which a state’s foreign and domestic policies are implemented; 2) when describing national interests, it is important to consider the interests of society; 3) to assess the national interest, it seems possible to note several objective properties such as social significance, sustainability, and reality; 4) within the strategic documents of the Russian Federation relating to national interests, there is an indication that the goal of realizing national interests, is to protect the constitutional rights and freedoms of individuals and citizens. These statements can be considered a benchmark against which specific decisions should be evaluated and assessed. This article was described within the framework of the Russian Science Foundation project No. 23-28-01457 “Vectors for the development of law-making in the implementation of certain interests of Russia: problems and prospects”.

Russian Journal of Legal Studies (Moscow). 2023;10(3):85-92
pages 85-92 views

Criminal law

New Approaches to Improving the Norms of Criminal Legislation Aimed at Protecting Forests and Forest Plantations

Komarova L.R., Kolesov M.V.

Abstract

In this article, considering the negative situation in the area of nature management and protection of forests and forest plantations, the existing imperfections of legislation are analyzed in detail, and based on the analysis, changes aimed at improving legal regulation in the area under consideration are proposed. This article analyzes the opinions of various authors who previously considered similar challenges in their works.

Russian Journal of Legal Studies (Moscow). 2023;10(3):93-98
pages 93-98 views

The Peculiarities of Legislative Regulation and the Problems of Qualification of Evasion from the Performance of Duties on the Repatriation of Funds

Pechegin D.A.

Abstract

This article analyzes the peculiarities of legislative regulation and the problems of qualification of the corpus delicti (criminal offense) provided in Article 193 of the Criminal Code of the Russian Federation “Evasion of obligations to repatriate funds in foreign currency or currency of the Russian Federation.” Considering the background of the development of legal frameworks for currency transactions changes in approach to determining substantial damages resulting from the actions related to the non-repatriation of funds associated with capital outflows, and the emergence of new forms of participation in civil transactions, the noted criminal offense is revisited from the context of the legal landscape of monetary regulation. Additionally, the effectiveness of law enforcement is compromised due to the unclear delineation of the criteria for the objective elements and the involved parties as stipulated in the legal provisions. Analyzing these criteria in the context of judicial precedents, legislative regulation, and scholarly doctrine has enabled us to draw conclusions vital for accurately categorizing actions falling within the framework of the specified criminal offense. Simultaneously, it is deduced that addressing the problems identified in this study can only be achieved with a systematic change in the approach to countering the evasion of repatriating funds.

Russian Journal of Legal Studies (Moscow). 2023;10(3):99-106
pages 99-106 views

Criminal Procedural Issues of Proving in Pre-trial Proceedings in Criminal Cases on Crimes Committed by Falsification of Debt Obligations

Popov A.V.

Abstract

In this article, the author addresses a rather specific issue – the peculiarities of compliance with the criminal procedural requirements for evidence in cases involving crimes committed through the use of debt obligations. This primarily concerns combattiting criminal behavior such as fraud, property-related offenses, and various illicit actions in bankruptcy cases. The public danger of such crimes is associated with a significant impact of their consequences on normal economic activity. Currently, civil and arbitration procedural laws do not grant judge, prosecutor, or other state representatives sufficient authority to uncover illegal actions or identify falsified evidence. The purpose of this article was to highlight the peculiarities of how criminal procedural legislation deals with cased involving falsification of obligations. Based on this study, the author formulated proposals for reforming criminal procedure law.

Russian Journal of Legal Studies (Moscow). 2023;10(3):107-114
pages 107-114 views

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