开放存取 开放存取  受限制的访问 ##reader.subscriptionAccessGranted##  受限制的访问 订阅或者付费存取

卷 3, 编号 2 (2024)

封面

完整期次

开放存取 开放存取
受限制的访问 ##reader.subscriptionAccessGranted##
受限制的访问 订阅或者付费存取

Theory and history law

Legal Problems of Ensuring Food Security in Modern Russia in the Context of Globalization and Mutual Restrictive Measures

Belkharoev K.

摘要

The article discusses the problems of ensuring food security in modern Russia in the context of globalization and mutual restrictive measures. Legal documents forming the sphere of state policy in the field of ensuring food independence are studied. The issues of creating conditions for uninterrupted provision of the population with affordable good-quality food, in the physical and economic sense, are considered. It is revealed that food security at the global level affects socio-economic development, health and ecology. It is shown that by pushing through their geopolitical interests, the countries of the golden billion threaten the food stability of entire continents, and the world community as a whole is moving away from solving the problems of food security at the global level. The absence of a direct legislative act regulating the most important area of national security hinders the food self-sufficiency of our country. It is recommended to develop and adopt the Federal Law “On Food Security” as soon as possible.

Lobbying in the Legislative Process. 2024;3(2):11-16
pages 11-16 views

Sources and Forms of Population Registration of the Russian Empire: Retrospective Analysis of Individual Regulations

Lobacheva L., Shurukhnov N.

摘要

Indicates the formation and subsequent development of documentation (registration) of the population of Russia, indicates the sources and forms of recording such information. Regulatory acts are presented, their analysis is given, the role of clergy as living sources, technical recorders and keepers of information about the most important life events of citizens is indicated. The main attention is focused on metric books and their role in establishing various historical facts. The emphasis is placed on the research of individual scientists who have professionally studied the listed problems, which allowed the authors to form their own point of view.

Lobbying in the Legislative Process. 2024;3(2):17-22
pages 17-22 views

Public law (state law)

Fighting Cybercrime in Russia and the United States

Akvit V., Levkin V.

摘要

The article examines the specifics of the fight against cybercrime in Russia and the United States, describes the factors influencing the timely detection, disclosure and investigation of crimes committed using information and telecommunications technologies.

Lobbying in the Legislative Process. 2024;3(2):23-27
pages 23-27 views

On the Issue of Private and Public Law: A New Manifestation of Old Problems

Isaakov G., Oshmarin A.

摘要

The paper raises the question of the practical significance of the division of law into private and public, analyzes the ratio of public and private interests; conclusions are drawn about the inadmissibility of integrating public law principles into private relations, even if one of the parties in these relations is the state.

Lobbying in the Legislative Process. 2024;3(2):28-30
pages 28-30 views

Private law (civil)

Features of Notarization of Transactions Involving Spouses: Status and Prospects

Letova N.

摘要

Purpose of the study. The article examines the problems of theory and practice that arise in the field of notaries in connection with the certification of transactions of spouses in relation to their common property. The regulatory discrepancy in the use of the terms “agreement”, “contract”, “transaction” in the field of family relations in comparison with civil relations is determined, the limits of multi-branch regulation of transactions are identified, and general problems associated with the registration of certain types of property of spouses are identified. It has been proven that the participation of a notary in such transactions is of particular importance, consisting in his performance of the function of public control over transactions involving spouses, ensuring the protection of their property rights on the basis of their mutual agreements.

Lobbying in the Legislative Process. 2024;3(2):31-36
pages 31-36 views

On the Issue of the Civil Content of the “Outsourcing” Category in the Russian Civil Law System

Sazonova T., Astafyev D.

摘要

This publication is dedicated to the research of the role and definition of the legal content of outsourcing in the system of Russian civil law. Using such scientific methods of research as analysis, description, classification, intellectual modeling, extrapolation, methods of logical cognition and the formal legal method, the authors reveal the economic and organizational content of the category “outsourcing”, distinguish outsourcing from other methods of managing resources and resource potential, identify the legal nature of outsourcing relationships in based on private law regulators, and distinguish outsourcing from outstaffing as well. An economic definition of outsourcing is given as a method of managing and using resources predominantly by small and medium-sized participants in business turnover, associated with the involvement in the process of creating useful value of third-party capital, labor and intellectual resources, technologies, technological solutions and management models, as well as proven business designs with the aim of increasing your own productivity, reducing costs and reducing liability. It is noted that, from the point of view of Russian civil law, outsourcing can be defined as a variant of one of the types of obligations regulated by the Civil Code, as a mixed contract, as an unnamed contract. It is established that the legal nature of outsourcing follows from obligatory relations, which prevents the mixing into such relations of other types of contractual borrowing of resources (primarily outstaffing), where, in addition to the private law component, there is a public law fill. The final part contains a conclusion about the complementary nature of contractual outsourcing relationships for the domestic civil law system.

Lobbying in the Legislative Process. 2024;3(2):37-42
pages 37-42 views

Criminal law

Participation of the Public Prosecutor in the Interrogation of the Expert in the Judicial Investigation

Isaenko V.

摘要

The article analyzes the situation, arising in connection with the need for the prosecutor – public prosecutor to interrogate an expert in a judicial investigation to clarify or supplement the conclusion given by him. These situations may be due to the probable conclusion of an expert, the presence of a large number of special terms in the conclusion, the expert’s use of a new research methodology and other reasons. Petitions for the interrogation of an expert are mostly submitted by the defendants’ defenders. In refutation of the conclusions of experts obtained in pre-trial proceedings, they often present the conclusions (opinions) of specialists, petitions are made for their interrogation. However, in connection with that, that the conclusions and testimonies of specialists in the vast majority of cases contain an assessment of the expert’s opinion, which is exclusively within the jurisdiction of the court, they are not taken into account by the courts when making a decision on the case, which is reflected in the materials of the trial. The possibility of questioning an expert in a judicial investigation is also used by prosecutors – state prosecutors, who are obliged to take a balanced approach to the application of petitions for this, and carefully consider the list beforehand, the wording, the order of the questions they ask. However, more often, prosecutors have to object to the petitions of defenders to recognize the evidence obtained in pre-trial proceedings as inadmissible, to attach conclusions (opinions) to the case and to interrogate in court specialists involved by defenders who question the conclusions of experts, to appoint repeated examinations, etc. Prosecutors. participating in possible subsequent sessions of the courts of appeal and cassation in this case. In preparing for them, attention will be paid to the content of the questions asked to the expert by the parties and the answers to them, to the validity of the mentioned defense petitions and objections to them by the prosecutor, whether they were taken into account or rejected by the court, and if they are justified, they can be used to defend arguments as appropriate representations of prosecutors, so are the complaints of other participants in the process, objections, as well as to that, has the court taken them into account or rejected them, and if they are justified. Therefore, when reviewing the minutes of the court session, the prosecutor, the person who supported the state prosecution is obliged to find out, how fully does it reflect the content of the expert’s interrogation, the questions asked to him by the parties and the answers to them, the content of the defense’s petitions and the prosecutor’s objections to them. The prosecutor – public prosecutor is obliged to make maximum use of the possibilities of studying expert opinions in the judicial investigation in order to assist the court in making a lawful decision. a reasonable and fair sentence. The article also expresses an opinion on some gaps in the norms of the criminal procedure law governing the appointment of an examination in court, as well as on the certain controversy of the position of the Plenum of the Supreme Court of the Russian Federation regarding one of the grounds for the appointment of a re-examination by the court.

Lobbying in the Legislative Process. 2024;3(2):43-50
pages 43-50 views

Evolution and Integration of Integrated Correctional Facilities: From Theory to Practice

Serebrennikova A.

摘要

In connection with the approval by the Government of the Russian Federation of the legislative changes of the Ministry of Justice of the Russian Federation, which allow the creation of unified-type institutions in the penitentiary system, the author of the article considers conceptual, legislative and law enforcement aspects, starting from the historical aspect of its emergence and development in the 1990s in the USSR and ending with modern approaches to the integration of different types of penitentiary institutions. The main categories of multiregime are analyzed, and the prospects for the development and implementation of technological innovations in the penitentiary system are discussed. Particular attention is paid to the economic justification and feasibility of creating unified-type institutions, as well as organizing mixed institutions on the basis of interregional cooperation. Possibilities of standardization and expansion of successful practices in the field of penitentiary system are presented.

Lobbying in the Legislative Process. 2024;3(2):51-55
pages 51-55 views

Modern Approaches to Developing the Ethics of Using Artificial Intelligence in Legal Proceedings

Volosova N.

摘要

Artificial intelligence is becoming an integral part of human life, its implementation is quite intensive, including the sphere of legal proceedings. In this regard, the question arises about the ethical side of the use of artificial intelligence in the administration of justice. It should be noted that the general anthropocentric vector towards the development of the ethical foundations of the use of AI systems is characteristic of most States, which indicates the commitment of States to respect fundamental human values when using AI in judicial proceedings. The ethical principles of the administration of justice in many States are undergoing significant changes due to the formation of a new ethics of justice – justice using artificial intelligence. This article will be devoted to the study of global trends aimed at the formation of moral principles of judicial proceedings using artificial intelligence.

Lobbying in the Legislative Process. 2024;3(2):56-62
pages 56-62 views

Terrorism as One of the Main Threats to National Security

Bashlueva N., Kartashov I.

摘要

The subject of this study is such a social phenomenon as terrorism and its types, as one of the main threats to national security. The relevance of the research topic is ensured by the fact that a Special Military operation of the Armed Forces of the Russian Federation is currently being conducted on the territory of Ukraine. The Ukrainian military is unable to win on the battlefield and resorts to the use of various terrorist methods, up to total terror against the civilian population and creating a real threat to national security. The purpose of the article is to analyze the socio–political terrorism in the context of the degree of its threat to national security. In the course of the work, the method of historical analysis of both Russian and foreign experience is actively used. The conclusion of the article is devoted to the need to identify new types of terrorism and improve ways to combat it.

Lobbying in the Legislative Process. 2024;3(2):63-66
pages 63-66 views

International law

International Legal Foundations of the Criminal Legislation of the Russian Federation

Feoktistov M.

摘要

The article is devoted to the study of the international legal foundations of modern criminal law, the possibility of classifying international legal acts as sources of criminal law, determining their legal force, overcoming conflicts and competition between the norms of international criminal law and national legislation. The paper examines the established approaches to the application of self-executing and non-self-executing international legal norms in criminal cases. The author comes to the conclusion that the Criminal Code of the Russian Federation has lost the status of the only source of criminal law, since in addition to the Criminal Code of the Russian Federation, the Constitution of the Russian Federation, as well as generally recognized principles and norms of international law, as well as international treaties of the Russian Federation, can be attributed to them.

Lobbying in the Legislative Process. 2024;3(2):67-77
pages 67-77 views

Structure of the US Banking System and Banking Supervision

Bashlueva N., Kotelnikova V.

摘要

The article examines the structure of the banking system in the United States, as well as the bodies responsible for local banking supervision. The subject of this article is the reader’s understanding of the US banking system and its regulatory authorities. The relevance of the research topic is ensured by the fact that the main attention is paid to commercial banks, in the future their characteristics, features and main features will be given. Also, due to the fact that each bank has a regulatory body, the article will present the main federal agencies responsible for banking regulation. The purpose of the article is to study and analyze the banking system and banking supervision of the United States. In the course of the work, the method of comparative analysis of Russian and foreign experience is used. The conclusion of the article is devoted to a specific consideration of local banking supervision, its procedures and tools.

Lobbying in the Legislative Process. 2024;3(2):78-81
pages 78-81 views
##common.cookie##