Lobbying in the Legislative Process
Peer-review research journal issued 7 times a year.
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About
The journal deals with the essence of lobbying, its institutional development, the possibilities and prospects for its regulation in order to obtain a positive social significant effect from this activity.
In addition, the interests of the journal include in its orbit the problems of legislative regulation of social relations from the perspective of their value characteristics, the correctness of the norms, the sufficiency of legal opportunities to ensure the normal functioning of social relations, taking into account the lobbying of relevant interests.
The journal publishes peer-reviewed scientific articles on the following scientific specialty:
- Legal Sciences
- Theory and history law
- Public law (state law)
- Private law (civil)
- Criminal law
- International law
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卷 4, 编号 1 (2025)
Theory and history law
Law and justice
摘要
The article is devoted to the phenomenon of justice as a legal ontology. Justice has always been considered as an important component of any state undertaking, and in law it has turned into a principle that created the illusion of impeccability and morality of the normative material. However, justice should not be understood unambiguously as commutative, especially since it is not such in law. The meaning of justice is in its distributivity, so Aristotle’s conclusions about the phenomenon under consideration remain relevant to this day. The article presents the reflections of the great Greeks and modern researchers on the issues of justice in law. The reflections are illustrated by examples from the Criminal Code, analyzed in the context of the phenomenon under consideration and opinions about its ontology.
12-20
Regulation of artificial intelligence technologies: the clash of ethics and law
摘要
The purpose of this work is to determine the degree of influence of the ethics of artificial intelligence on legal regulation, as well as to establish the further direction of development of this technology: whether it will be based on regulations or ethical standards. The study’s conclusions showed that there is no unified approach to regulating artificial intelligence technologies in the Russian Federation, which leads to fragmentation of norms and uncertainties in their interpretation and application. It is noted that technological progress and the development of artificial intelligence have influenced both ethics and legislation. The necessity of ethical and legal regulation of this technology is emphasized. The inextricable link between ethics and law in the context of technological progress has been established, as well as the importance of preventing conflicts between them. The key importance is attached to the ethical and normative approach to regulating relations complicated by the use of artificial intelligence. The adoption of a single comprehensive federal law will make it possible to take into account existing ethical principles and solve existing problems related to the creation and application of this technology (both social and legal). Special attention should be paid to the ethical component of artificial intelligence, which requires constant monitoring and adaptation.
21-27
Public law (state law)
Problems of identifying medical contraindications among judicial officials
摘要
Task. Currently, the existing system for identifying medical contraindications for judicial officials does not meet the requirements of the Russian Ministry of Health. The purpose of writing this article is to analyze the current state of affairs, as well as develop proposals for its improvement.
Conclusions. As a result of the study, it was established that the current system for identifying medical contraindications needs to be improved. Proposals are presented for the integration of the relevant orders of the Russian Ministry of Health into the resolutions of the Council of Judges of the Russian Federation. It is also proposed to provide a mechanism for the rotation of judicial officials in the event of professional burnout.
29-33
Private law (civil)
The right to maintenance and the right to raise a child: problems of provision in practice
摘要
Purpose of the study. The article examines the problems of theory and practice caused by the inability of parents to raise a child due to their arrears in alimony. The absence of a definition of the concept of malicious evasion of alimony payments in the law does not allow for a correct differentiation of the actions of parents who are malicious defaulters and parents who cannot fulfill their obligations to support a child for objective reasons. In order to implement the principle of priority protection of children’s rights, protecting their right to receive maintenance, the author proves the need to create an institution of an alimony fund, from which children who do not receive maintenance from their parents could receive it from the state. It is determined that such a payment does not exempt parents from fulfilling their obligations to support a child; the funds received from the state must be returned after the reasons for the parents’ failure to pay funds for their child have disappeared.
35-41
On some ways to increase the efficiency of implementing the rights of the federal real estate lessor
摘要
The purpose of the study. The article considers the problems of ensuring the effective implementation by the Russian Federation as the owner of real estate of its powers as a lessor of such property. The purpose of the study is to develop a universal legal tool that allows the owner of federal real estate to effectively exercise its powers in the field of control over the fulfillment of tenant duties by business entities. The use of such a legal tool will allow monitoring the situation in the federal real estate lease market from the point of view of the fulfillment by tenants – entities of private law – of the obligations assumed by them under the lease agreement.
Conclusions. As a result of the study, the author comes to the conclusion that the effectiveness of the use of federal property in terms of its disposal by leasing depends on the activities of government bodies in terms of exercising their powers to control the fulfillment of the terms of the lease agreement by its second party. Such activities differ from ordinary control and supervisory state activities. Its effectiveness will depend on the choice of appropriate legal means. Legal means, in turn, are determined by a set of rights and obligations of the parties to the lease agreement, which have features due to differences in the subject-object composition of specific contractual relations. The author concludes that a register of unscrupulous tenants of federal real estate could serve as such a potentially effective legal tool.
42-47
Criminal law
Criminal liability as a legal fact-state
摘要
The article examines the nature of criminal liability in the context of its doctrinal interpretation and normative regulation with an emphasis on the time frame of its social and legal existence. Scientific comprehension of the stated problem pursued the goal of expanding the extensive fundamental knowledge about the essence, element composition and forms of implementation of criminal liability already achieved by criminal law thought. Within the framework of the set objectives of the study, through a systematic, functional and logical-legal analysis, the author reveals the continuing nature of criminal liability as a legal fact – the state in which a person found guilty of committing a crime is, undergoing a measure of state coercion applied to him from the moment of conviction (conviction) to the moment of annulment of the conviction. The conclusion is substantiated about the expediency of improving the legislative regulation of the norm of Article 86 of the Criminal Code of the Russian Federation in order to clarify the time limits of the criminal law existence of criminal liability.
48-54
Tightening of criminal liability for crimes against the foundations of the constitutional system and the security of the Russian state
摘要
A serious change in criminal practices directed against the interests of the Russian state has been observed recently. These acts are aimed at obtaining top secret information, as well as further assistance and support in activities directly directed against the security of Russia. Even isolated cases of such criminal acts are capable of causing significant damage to the state. In this context, the effectiveness of bringing to criminal responsibility for treason, espionage and other related crimes related to interaction with foreign states, international or foreign organizations opposing Russia, as well as interested in overthrowing/changing the constitutional order of the Russian state, is significantly updated.
The purpose of the presented study is to analyze the current state of the institution of criminal liability for individual crimes against the foundations of the constitutional order and security of the Russian state, taking into account its latest changes.
Based on the analysis, the author concluded that toughening criminal liability for crimes of the above-mentioned nature is a natural process of improving criminal-legal measures to combat crime in modern geopolitical conditions, taking into account emerging challenges and threats to security and stable development of Russia. The relevance of the preventive and criminal impact of improving criminal liability in this area is noted. Attention is focused on the problems of the spread of criminal behavior of the analyzed nature among the Russian population, foreign citizens and stateless persons associated with organized information and psychological influence exerted by foreign states interested in destabilizing the situation in Russia and changing the constitutional legal order.
55-60
Lobbying issues in the legislation of the Federal Republic of Germany
Legal regulation of lobbying in Germany
摘要
The aim of this article is to analyze the legal regulation of lobbying in Germany. Lobbying in Germany influences the decision-making process, significantly influences investment procedures, and promotes accessibility and transparency of investment policies and regulations relevant to investors. According to the law on lobbying in Germany, representatives of professional interests are required to register in the register of lobbyists of the Bundestag. In January 2025, about 5900 people were registered in the German lobbyist register. The impact on the decision-making process today determines the situation in the market and in decision-making by authorities, as large companies use their lobbying potential to interfere in the activities of regulatory authorities. At the same time, there is no regulation of lobbying in Russia, which is explained, among other things, by the fact that the initial task is to first increase the level of lobbying and the general political culture in the country. In this context, the example of Germany as a model for regulating lobbying is interesting, as it contributes to the gradual transition to a qualitatively new level of relations at the level of “lobbyists – authorities”.
62-68
Lobbying issues in the legislation of the Republic of Armenia
Legislative regulation of the concept of “crime” under the new criminal code of the Republic of Armenia
摘要
The purpose of the research: implementation of theoretical and applied research of the concept of “crime”, consideration of topical issues related to the concept of “crime” in the light of the new Criminal Code of the Republic of Armenia (adopted 05.05.2021, entered into force 01.07.2022). According to Part 1 of Article 16 of the Criminal Code of the Republic of Armenia, an act culpably committed by the subject of the crime provided for in this Code is recognized as a crime, prohibited under threat of punishment. At the same time, the legislator formulated the formal concept of a crime, rejecting the material attribute: the public danger of the act. Attention is drawn to the deterministic connections of crime as a fundamental concept of criminal law; the emphasis is placed not only on the act, but also on the “actor” (the proper subject of the crime); the conclusion about the relationship of crime with the concept of the composition (structure) of the crime is substantiated.
Results. The authors conclude that the criminal law designates as crimes those acts that are socially dangerous, and only because they are socially dangerous. But the law also designates circumstances in which each of these acts, while remaining itself, will at the same time be different and invincible. It is also proposed to introduce the institution of criminal offenses into criminal legislation and the wording of the relevant norm is provided.
69-73
Radical transformation of the norm on active repentance in the new Criminal Code of the Republic of Armenia
摘要
The purpose of the research. The article examines the institution of exemption from criminal liability in connection with active repentance. The purpose of the research is to carry out a theoretical and applied analysis of the institution of active repentance and its legislative regulation in the light of the criminal law reform carried out in the Republic of Armenia, which culminated in the adoption of the new criminal code; identification of legislative gaps and problems arising in law enforcement practice in the implementation of this incentive norm; analysis of the positive and negative aspects of the innovations made. The above is important and useful for improving the Armenian criminal legislation and may serve as an interesting experience for the Russian legislator in optimizing the norm of active repentance.
Results. As a result of the conducted research, the author comes to the conclusion that the institution of active repentance is a manifestation of the principle of humanism and represents one of the types of positive post-criminal behavior of persons who have committed a crime. Taking into account the noted circumstance, the author suggests making the norm of active repentance imperative in some cases, in which the person who committed the crime will have an interest in fulfilling the conditions that constitute active repentance. The author critically evaluates the innovations made in Armenian legislation regarding the possibility of applying the analyzed norm in a number of cases of serious and especially serious crimes in the presence of exceptional circumstances. At the same time, in the context of the noted innovation, the author considers it advisable to supplement the list of these crimes with Articles 188 and 189 of the Criminal Code, providing for liability for trafficking.
75-81