ТЕОРИЯ И ИСТОРИЯ ГОСУДАРСТВА И ПРАВА; ИСТОРИЯ УЧЕНИЙ О ПРАВЕ И ГОСУДАРСТВЕ
The purpose of this article is to analyze one of the most significant among the specific methodological foundations of the study of financial and legal responsibility - financial offense (financial tort). In order to achieve this goal it seems necessary to formulate a definition of a financial offense (financial tort); define the problems (both at the theoretical and practical levels) associated with the construction and practical application of its composition in accordance with modern Russian realities.
The goal and objectives of the work defined the methodology of this study, which is based on a number of methods, in particular: general philosophical heuristic, comparative analysis, systematic.
As a result of the study the author formulated his own conclusions, as well as some problematic aspects of theoretical and law enforcement nature. Thus, the definition of a financial offense (financial tort) was presented; the concept of legal composition of a financial offense (financial tort) was defined, the content of each of its elements was disclosed; conclusions on the need to continue scientific research of the institute of "financial and legal responsibility" were made.
CONSTITUTIONAL LAW; CONSTITUTIONAL LITIGATION; MUNICIPAL LAW
The purpose of this article is to study the concept and phenomenon of digital (electronic) democracy as an expression of Russian democratic statehood at the present stage of its development. The regularity of digital democracy is determined, its predetermination by scientific and technological progress, the global digitalization of political and legal processes in the country, the intensive introduction of interactive information and communication technologies in the digital dimension into the public legal space, qualitatively changing the level of relations between the state, society and the individual by expanding the participation of citizens in the totality of public legal activities on the different levels of state and municipal organization that increase the level of state democracy.
The article examines the relationship of traditional democracy in its direct and representative expressions with electronic democracy, asserts their fundamental unity, consisting in the expression of the sovereign will of the people, and at the same time reveals their organizational and technical differences, which make it possible to characterize digital democracy as an innovative form of democracy based on the widespread use of modern digital technologies in the mechanisms of popular will.
The novelty of the research is determined by the novelty of the phenomenon of digital (electronic) democracy itself, which relatively recently became the property of Russian public-legal reality, which has not yet received a unified conceptual and conceptual understanding in legal science.
CIVIL LAW; BUSINESS LAW; FAMILY LAW; PRIVATE INTERNATIONAL LAW
The purpose of this article is to reveal the ontological and epistemological properties of civil turnover. To achieve this goal, it seems necessary to identify the ontological meanings of the concept of "civil turnover" as tasks, to give a list of its ontological characteristics, to define and differentiate epistemological approaches to its cognition.
To solve the tasks set in the article, a number of research methods will be used: the method of structural analysis; comparative method; phenomenological approach.
As a result of the study, it was revealed that civil turnover has a dual nature, since it includes two different sides: turnover in the actual meaning, which encompasses all types and forms of real commodity-money exchange on the market; turnover in the normative meaning, which is considered from the point of view of law, that is, as a certain standard or sample.
Conclusion: a cross-cutting ontological and epistemological characteristic of civil turnover is its duality, which is represented in the ontological aspect by the presence of normative and factual dimensions, and in the epistemological aspect by the clash of realistic and constructivist approaches. At the same time, there is a genetic connection, on the one hand, between the actual state of civil turnover and the realistic model of its cognition, and on the other hand, between social constructivism in epistemology and the normative image of civil turnover. Epistemological elements are even included in the ontological nature of civil turnover, since ideas about it determine the nature of its regulatory regulation, which, in turn, directly affects its actual properties.
The article deals with theoretical and practical aspects related to compensation for moral damage due to the provision of medical services of inadequate quality as the main civil law way of protecting the personal non-property rights of citizens to life and health, the first and main element of which is the right to medical care.
The author of the study draws attention to the fact that compensation for non-pecuniary damage due to the provision of medical services of inadequate quality needs further theoretical understanding and improvement of judicial law enforcement.
CRIMINAL LAW AND CRIMINOLOGY; PENAL LAW
The purpose of the article is to study the current state and development prospects of the Special Part of the Criminal Code of the Russian Federation. To achieve this goal, the following tasks were defined: analysis of the initial version of the Criminal Code of the Russian Federation, assessment of the changes made to it, study of practice and judicial statistics on the application of articles of the Special Part of the Criminal Code of the Russian Federation, analysis of theories and ideas proposed in the domestic doctrine. The author used general scientific methods (dialectical method, logical, system analysis) and special (technical-legal, comparative-legal).
Results of the study: The special part of the domestic criminal law has undergone significant changes over 25 years. The article provides examples of conceptual transformation: the introduction of articles where an accomplice is turned into a perpetrator of a crime; return to administrative prejudice; recognition of the state of intoxication as a circumstance that changes the degree of social danger of a crime. Attention is drawn to the deterioration of legislative technique on the example of some dispositions and sanctions of articles. It is shown that "dead" articles are often created. Despite the introduction of changes in them, they do not "come to life" and are not applied in practice. This increases the volume of the Special Part of the Criminal Code of the Russian Federation, affects the system of criminal law, and does not have any impact on either law enforcement or the effectiveness of criminal law.
Conclusion: A special part of the modern domestic criminal law requires deep processing. There is a need to develop and approve the conceptual foundations for building the Special Part of the domestic criminal law. The conceptual foundations can help streamline the introduction of amendments to the Criminal Code of the Russian Federation, maintain the concept of the criminal law, and eliminate systemic errors and contradictions within the law.
The social conditionality of criminal liability for the use of torture is obvious. The events that took place in 2021 in the penitentiary system gave rise to urgent and serious measures. The desire of the legislator to solve this social problem, using criminal law means of influence, deserves support, provided that the form of expression of the criminal law prohibition corresponds to the content of the prohibited act.
The proposals contained in draft law No. 42307-8 "On Amendments to the Criminal Code of the Russian Federation" (in terms of establishing criminal liability for torture) put before the theory, and if the bill is adopted and practice, a number of questions, in particular, about the advisability of including in Art. 302 of the Criminal Code of the Russian Federation of a new subject – "another law enforcement officer", which, according to the explanatory note, makes it possible to prosecute employees of the Federal Penitentiary Service of Russia for torture. In the article, using the example of the specified subject, the questions of the correspondence of the sign "another law enforcement officer" to other objective and subjective signs of the main corpus delicti under Part 1 of Art. 302 of the Criminal Code of the Russian Federation, their essence, therefore, the scope of criminalization. On this basis, conclusions are drawn.
The purpose of the study is to identify the admissibility of including in the disposition of the norm of Art. 302 of the Criminal Code of another subject, in the ability, with the help of the named change, to solve the tasks set in the bill.
The purpose of the work determined the solution of the following research tasks: analysis of the methods used by the developers of the bill to criminalize torture; establishing the essential features of the subject of coercion to testify and their interdependence with other features of this corpus delicti; clarification of the nature of the sign "another law enforcement officer"; determination of the compliance of the named feature with the content of the direct object of coercion to testify, its adequate use in the norm of Art. 302 of the Criminal Code of the Russian Federation.
When performing the work, general, general scientific, private scientific and special research methods were used.
The conducted research allowed us to come to the following main result: a crime under Art. 302 of the Criminal Code of the Russian Federation encroaches on the procedural procedure for obtaining evidence in a criminal case, bearing in mind the proper subjects for their collection. Considering that each stage of the criminal process has its own legally established participants in criminal proceedings with their own role, nature and activities, and the functions they perform, “another law enforcement officer” is not one of them. There is a substitution of concepts when the procedural position of the subject of the crime is replaced by the official position.
The formulated conclusions are focused on the further development of proposals of an organizational, legal and theoretical nature, the formation of a mechanism for criminal law counteraction to the use of torture.
CRIMINAL PROCESS
The relevance of this scientific research is determined by the positive dynamics of the development of domestic legislation towards the expansion of criminal cases under the jurisdiction of jurors. At the same time, the prevailing doctrinal attitude on the issue of assessing the sufficiency of evidence in sentencing, including expressed in the legal positions of the Supreme Court of the Russian Federation, is the most important factor influencing existing approaches in law enforcement activities in court proceedings with the participation of jurors. Accordingly, the significance of the appeal from the point of view of theory to the problems of regulatory regulation and law enforcement practice related to the assessment of the sufficiency of evidence by the presiding judge when deciding sentences based on the results of consideration of criminal cases with the participation of a jury is beyond doubt.
The purpose of this scientific research is to identify the problems of regulatory regulation and law enforcement practice related to the assessment of the sufficiency of evidence by the presiding judge when passing sentences based on the results of consideration of criminal cases with the participation of a jury, and to suggest ways to solve them.
The objectives of the study were: analysis of various scientific views in the theory of criminal procedure on the evaluation of evidence in a jury trial, including an appeal to the actual problem of standards of proof; statement of the existing ambiguous interpretation in the practice of the Supreme Court of the Russian Federation of the issue of evaluation of evidence in terms of their sufficiency in a jury trial; the study of the norms of the current criminal procedure legislation of the Russian Federation regulating the assessment of the sufficiency of evidence by the presiding judge when passing sentences based on the results of the consideration of a criminal case with the participation of a jury, depending on the type of jury verdict; the formation of their own position on these issues, as well as the formulation of author's proposals.
Methods: dialectical, formal-logical, legal-dogmatic, interpretation of legal norms, descriptive, deduction, generalization.
Results:
- It is stated that there is a need to develop a unified doctrinal approach to the issue of assessing the sufficiency of evidence in a jury trial, including through a clear legal position of the Supreme Court of the Russian Federation, which, contrary to the provisions of the Criminal Procedure Code of the Russian Federation, refers the assessment of the sufficiency of evidence to the exclusive competence of jurors.
- The importance of the existing procedural guarantees of the current Code of Criminal Procedure of the Russian Federation is justified, allowing the presiding judge to independently establish the absence of signs of a crime in the act by assessing the sufficiency of evidence and to pass an acquittal even despite the guilty verdict of the jury.
- The inconsistency of the legislative regulation of the grounds for acquittal is indicated based on the results of the assessment of the sufficiency of evidence by the presiding judge following the consideration of criminal cases with the participation of jurors in Part 5 of Article 348 of the Criminal Procedure Code of the Russian Federation, in which one of the grounds for the decision of the acquittal is not the evidence of the defendant's participation in the commission of a crime, whereas paragraph 2 of Part 2 of Article 302 of the Criminal Procedure Code of the Russian Federation provides a different formulation of the grounds for acquittal – the defendant is not involved in the commission of a crime.
The scale of the problem of the criminal procedure mechanism for ensuring the rights of entrepreneurs is very extensive. It goes beyond the scope of one area of legal regulation and the whole complex of problems as a whole can be solved only by conducting a major interdisciplinary study, in which issues of not only criminal procedure, but also criminal, civil, and civil procedural nature will be considered and resolved.
In this article we present the results of studying some criminal procedural aspects that seem to be of fundamental importance for building a vector of modern criminal procedural regulation in relation to entrepreneurs involved in criminal proceedings. The main aspect is the appropriateness and possible directions of differentiation of the procedural form on such a basis as engaging in entrepreneurial activity. In the applied aspect, we will try to reflect these factors by the example of the application of a preventive measure to entrepreneurs.
The purpose of this study is to optimize the procedural rules for the participation of entrepreneurs in criminal proceedings in general and in the case of the application of preventive measures to them.
The objectives of the study were: to study the existing procedural forms used in involving entrepreneurs in criminal proceedings, to identify their "weak" points on the example of the use of detention, to evaluate them from the point of view of effectiveness, the criteria of which we consider the reliability of protecting the personal interests of a citizen, protecting his property rights, ensuring his legitimate interests as a person engaged in entrepreneurial activity.
The study used a set of traditional scientific methods, including the universal method of dialectical unity and contradiction, general scientific theoretical and empirical methods (analysis, including content analysis of documents, generalization, hypotheses, systematization, description, system-functional) as well as private scientific methods (comparative legal and formal legal).
The results of the conducted research are the author's approach to the criminal procedural regulation of relations with the participation of applicants, which differs in main features from the one chosen by the employer; identification of a set of the most important problems concerning the criminal procedural form of the use of detention.
The article examines the historical background of the emergence and modern understanding of the essence of video conferencing used in domestic criminal proceedings. The lack of unity of approaches to the naming of this technology is emphasized when spelling rules are not taken into account. The separation of video conferencing from web conference technology is carried out and the conclusion is made about its dual legal nature in criminal proceedings: as a method of carrying out procedural actions and as a system of technical means. On the basis of the existing provisions of the Criminal Procedure Code of the Russian Federation on the use of video conferencing and emerging judicial practice, the need to consolidate the concept and procedure for its application in criminal proceedings, including its pre-trial stages, is justified, since the general rule on the rules for the use of technical means in the production of investigative actions is insufficient.
The purpose of this study is to substantiate the need to consolidate the concept and procedure for the use of video conferencing in criminal proceedings in the law. Research objectives: conducting a comprehensive study of the historical prerequisites for the emergence and essence of video conferencing; formulating a proposal for the application of a unified approach to the naming of this technology; determining the promising direction of the use of video conferencing ‒ in the pre-trial stages of criminal proceedings.
The conducted research is based on traditional general scientific and private legal methods of cognition, including dialectics, analysis, synthesis, generalization, logical, system-structural, comparative legal, formal legal, etc.
The results of the study were a set of new provisions that expand scientific ideas about video conferencing technology and the features of its application in the field of criminal proceedings, including its pre-trial stages.
The opinion on the dual legal nature of video conferencing in criminal proceedings is put forward and substantiated: as a method of carrying out procedural actions and as a system of technical means, as well as its separation from the technology of a web conference.
FORENSICS; FORENSIC ACTIVITY; OPERATIONAL-SEARCH ACTIVITY
Based on the analysis of the current state of the operational-search support for serving a criminal sentence in the Russian Federation, the article analyzes the existing approaches in foreign penitentiary practice to the knowledge of the unlawful behavior of prisoners. The significance of specific means and methods of operational-search activity in solving socially useful tasks of counteracting penitentiary crime is stated. Based on a number of factors, the analysis of official statistics indicating the concentration of far from the best part of inmates, it is concluded that there are problematic issues, including the tasks of preventing and preventing terrorism and extremist manifestations, identifying and eliminating the causes and conditions that contribute to them. The author emphasizes the importance of one of the main means of combating crime – operational-search activities carried out by authorized state bodies within their competence, while focusing on special measures.
Based on the results of the ongoing research, the essence and content of the operational-search support for the process of ensuring the serving of a criminal sentence in the form of imprisonment as an independent organizational and tactical form are considered, a change in the nature of security threats is stated, requiring the search for integrated approaches to countering them. It is concluded that it is necessary to improve the organization and legal regulation of operational-search activities in penal system. The possibilities of systematic collection of operationally significant information in solving urgent problems in foreign penal practice are analyzed. The importance of information and analytical support for operational-search activities in identifying and suppressing potential threats by analyzing incoming operational information and reducing uncertainty in managerial decision-making is emphasized.
ADMINISTRATIVE LAW; ADMINISTRATIVE PROCESS
The aim of the work is to highlight the little-studied problem of public law regulation of medical biobanking in the Russian Federation.
Accordingly, the tasks of the work include the following research blocks: the development of the concept of a medical biobank, respectively, its content in relation to other similar phenomena, the analysis of the system of public law regulation of medical biobanks and the formulation of the main problems of such legal regulation.
Due to the fact that medical biobanks are part of information systems, it is important to define the rules for using the data available in various types of biobanks.
The main conclusion of this study is the idea that the medical biobank is a multifaceted phenomenon that includes medical-technological, informational and organizational aspects. The legal regulation of medical biobanks has both public law and private law components. Moreover, there are aspects of biobanking activities that go beyond the classical legal regulation and are the subject of medical law with its actively emerging specific subject of legal regulation. In this case, in our opinion, we are talking about the regulation of the technological conditions for storing materials from biological banks and the conditions for their use for medical experiments.
The aim of the work is to highlight the issues of substantive and procedural features of bringing to administrative responsibility for the abuse of freedom of the media.
Accordingly, the tasks of the work include the following research objects: the development of the concept of knowingly unreliable information, respectively, its content in relation to other similar phenomena, the analysis of the practice of applying the relevant articles of the Code of Administrative Offenses of the Russian Federation and the prospects for the development of activities of state bodies in the field of counteracting the spread of knowingly unreliable information.
Due to the fact that the abuse of media freedom is a multidimensional phenomenon related to criminal liability, the author analyzes the ratio of the compositions of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation related to such an aspect of the abuse of media freedom as the dissemination of "fake" information.
The fundamental conclusion of this study is the idea that the compositions of articles 20.3.3 introduced in 2022 in the Code of Administrative Offenses of the Russian Federation, if public actions are expressed in the form of dissemination of deliberately false information, are adjacent to the compositions of parts 9.19, 10.1, 10.2 of article 13.15 of the Code of Administrative Offenses RF. The differentiating responsibility element of the objective side is the publicity of the dissemination of deliberately false information, and on the subjective side, the presence of such an optional element of an administrative offense as a goal in the form of discredit.
The focus of this work is artificial intelligence and related technologies, as well as their possible impact on social development. Artificial intelligence is considered by the author as a generalized category, the basis for which is formed by information technologies. Information technologies can have intellectual properties and functions, as well as endow information systems with intellectual characteristics. By related technologies, the author means technological solutions that are derived from artificial intelligence. Artificial intelligence is considered generically. Related technologies have a more specific expression.
The purpose of this research is to analyze approaches to the definition of artificial intelligence, the formation of the author's position and the identification of existing trends in the development of industry legislation.
The methods used by the author can be presented in a complex (analysis, generalization, formal-logical and formal-legal methods).
The results of the research were the conclusions formulated in relation to the category of «artificial intelligence». The approaches to the definition of artificial intelligence are investigated, the official concept is analyzed, and the author's definition is proposed, considering the legal side and the informational aspect of the object. Artificial intelligence is understood as a complex of technologies involving the use of cognitive processes to carry out purposeful activities.
This work has been prepared to participate of public and scientific discussion on artificial intelligence and the prospects for its application, including in the field of legal activity. This publication opens a series of articles on the legal aspects of artificial intelligence and related technologies, and its continuation is the topic of the democratization of artificial intelligence, its system and classification.
CONFERENCES; SYMPOSIUMS; SCIENTIFIC SEMINARS
ISSN 2782-5841 (Online)