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Vol 7, No 4 (2020)

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Trending topic

Artificial intelligence in the fight against extremism

Bychkov V.V., Prorvich V.A.

Abstract

The article reveals the basic regulatory framework for the use of artificial intelligence in Russia. The possibility of using artificial intelligence to fight crime is being analyzed. The need for artificial intelligence to create computer forensic in countering extremist crimes is in development.

Russian Journal of Legal Studies (Moscow). 2020;7(4):9-18
pages 9-18 views

The influence of the destructive internet content on the legal awareness of the youth

Gaivoronskaya Y.V., Karimova Y.I.

Abstract

The paper analyzes the ways in which destructive internet content influences the legal awareness of youth. Young people use the Internet most actively, so they are the most subject to the influence of both positive and negative internet trends. Various means of legal education will be inefficient if the character and learning styles of the younger generation are not taken into consideration. The authors define the specifics of the perception of the information by Generation Z, aka “zoomers.” Also, they briefly survey some features of internet content, especially those that are significant for perceptual psychology. The authors draw conclusions about trends in the sphere of education, as well as offer some recommendations about how to use the knowledge of the specifics of Generation Z in the legal education process

Russian Journal of Legal Studies (Moscow). 2020;7(4):19-26
pages 19-26 views

Features of the legal regulation of the use of biometric personal data

Petrova D.A., Martianov N.R.

Abstract

In this paper, the authors highlight the legal basis for the use of biometric personal data, and also pay attention to the main initiative of the state in this area: the creation of a unified biometric system.

The study is particularly relevant in connection with the release of the new Federal law No. 168-FZ on June 8, 2020: “On the unified Federal information register containing information about the population of the Russian Federation.” In particular, an acute problem is the ability to integrate information from the unified biometric system and the Federal register that is being created.

Russian Journal of Legal Studies (Moscow). 2020;7(4):27-32
pages 27-32 views

Theory of State and Law

Convergence or conflict: about the influence of digital and information technology on culture

Gaivoronskaya Y.V., Martianov N.R.

Abstract

The aim of this study is to expose possible trends in the influence on culture of digital and information technologies alongside the trends of the reverse influence of society on the development and application of these technologies. The authors analyze the changes taking place in the sphere of culture under the influence of the rapid development and adoption of informational and digital technologies. The hypothesis is formulated of the possible patterns of interaction in the “digital culture” system. In their conclusion, the authors define the main trends in the influence of new technologies on culture in general.

Russian Journal of Legal Studies (Moscow). 2020;7(4):33-41
pages 33-41 views

International law

Reformation of the united nations security council as a key issue in world politics

Tsvetkov Y.A.

Abstract

The author of the article substantiates the position that the issue of reform of the Security Council, the main political body of the UN, is a key issue in world politics and international law, and intersects with the strategic interests of states, the most active players on the world stage, as well as the interests of all regions of the world. The article analyzes the advantages afforded to permanent members of this body and describes the main approaches to Security Council reform. It critically assesses attempts to deconstruct the world order through such reform and suggests ways to counter them. It also formulates criteria for evaluating compliance with the status of a permanent member of the Security Council. and demonstrates the potential of these criteria by evaluating the validity of claims and real chances for this status by the group of four G-4 states (Brazil, India, Germany, and Japan), as well as by European and African countries. The author offers a model of UN Security Council reform that takes into account the interests of Russia and world realities.

Russian Journal of Legal Studies (Moscow). 2020;7(4):42-58
pages 42-58 views

Computer network attacks as an act of aggression in the context of the development of modern international relations: pros and cons

Lobach D.V., Smirnova E.A.

Abstract

The article analyzes the conflicting approaches to the possible recognition of computer network attacks as an act of aggression in the focus of modern international relations and trends in scientific and technological progress. The question raised in the article is as follows: is aggression against another state possible through the exclusive use of cyber weapons? To solve the indicated problem, the scholastic method of conducting a discussion is used, in which two series of contradictory arguments regarding the subject of discussion are put forth, and the conclusion summarizes the general conclusion based on particular theses. The conclusion is argued that the historically established definition of aggression in modern conditions of development of scientific and technological progress does not meet the interests of international peace and security, since new types of force of destructive influence constantly appear, which can generate consequences comparable in scale and severity to the consequences of using conventional weapons. However, there are still some problematic moments that arise in connection with the qualification of cyberattacks as a crime of aggression, requiring understanding and resolution in accordance with the development of the science of international law and law enforcement practice in the context of international relations.

Russian Journal of Legal Studies (Moscow). 2020;7(4):59-65
pages 59-65 views

Criminal law

Selected aspects of social danger of crime theory

Guzeeva O.S.

Abstract

The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study.

The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality can an act and its consequences be integrated into a general conclusion about the danger of a crime bia “separate” assessments of the danger of an individual. Among these factors, an act as a consciously volitional unlawful behavior of a person plays a special role. The act and its danger are an independent subject of assessment by the legislator and law enforcement body; the assessment of the danger of the act and the assessment of the danger of the crime are different types of assessment practice.

Russian Journal of Legal Studies (Moscow). 2020;7(4):66-73
pages 66-73 views

Propaganda and illegal advertising of drugs: issues of improving Russian legislation

Stepanova O.Y.

Abstract

The article is devoted a current issue in contemporary Russia: the propaganda and advertising of drugs. One of the priorities of the state today is the fight against drug trafficking, an important component of which is the involvement of minors in the use and distribution of prohibited substances and drugs, including narcotic drugs. Methods of distribution and promotion of drugs are constantly improving and the Internet is the most accessible and popular among them. The drug trade is now fully global, and one of the most common ways to interact and implement its goals of distribution and universal access is the worldwide internet. Today, the internet has a billion registered users of all ages, genders, etc. The internet is an area where the mechanisms of state regulation are far from perfect.

The author analyzes statistical data of registered offenses under article 6.13 of the Administrative Code of the Russian Federation and considers proposals, including legislative initiatives, aimed at implementing the decree of the President of the Russian Federation, which indicates the need to develop strict legal measures to prevent and punish actions aimed at promoting and advertising drugs. The author proposes to make changes to the domestic criminal legislation by adding a new norm providing for punishment for the acts in question. Pro-drug propaganda and advertising are also addressed.

 

Russian Journal of Legal Studies (Moscow). 2020;7(4):74-78
pages 74-78 views

Law enforcement

On the subject of the prosecutor's activities for the judicial protection of public interests in the use and protection of specially protected natural areas

Berdinskikh S.V.

Abstract

The prosecutor's judicial protection of public interests in the use and protection of specially protected natural areas is a cross-functional, complex, non-inspection area of the prosecutorial activity. The conceptual apparatus of activity is currently not fully formed. The key concept is the subject of activity, the correct understanding of which depends on the correct setting of goals, tasks, and the effective implementation of the powers granted to the prosecutor. The author, on the basis of the established approaches to understanding the subject matter of prosecutorial activity, the concept of a single and general subject matter of activity, and the objectives of the proceedings, formulated a single subject matter of the prosecutor's activity for the judicial protection of public interests in the use and protection of specially protected natural areas. It includes the protection of public interest regarding the use and protection of specially protected natural areas, compliance with the laws of acts (omissions) and decisions of persons, including persons involved in the case, the legality and validity of court decisions in order to actually eliminate the revealed violations of law on specially protected natural areas, compensation for harm, and ensuring the inevitability of punishment of violators.

In addition, the general subject of the prosecutor's activities to protect public interests in the use and protection of specially protected natural areas in general consists of the subject of prosecutorial supervision over the implementation of the Constitution and laws of the Russian Federation, including laws concerning specially protected natural areas, the subject of prosecutor's supervision at the pre-trial stage of criminal proceedings, the subject matter of participation in the consideration by the courts of cases in all types of proceedings for the protection of public interests in the use and protection of protected persons, the subject of supervision of the enforcement of laws by bailiffs by administrations of institutions and bodies, enforcing punishment, in the execution of court decisions in cases of violations in the field of the use and protection of protected persons, the subject of coordination, and subjects of participation in law-making activities.

Russian Journal of Legal Studies (Moscow). 2020;7(4):79-86
pages 79-86 views

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