THEORETICAL-HISTORICAL LEGAL SCIENCES
The purpose of this article is to study the phenomenon of negative effectiveness in law, including in relation to the system of legislation of modern Russia. To achieve this goal, it seems necessary to define the phenomenon of negative efficiency itself as tasks and try to identify varieties and indicators of negative efficiency.
To solve the tasks set in the article, a number of research methods will be used: logical (description, proof, classification), historical, system-structural analysis, comparative, formal-dogmatic, sociological.
As a result of the study, it is shown that the phenomenon of negative effectiveness not only really exists, but is also inherent in the legal system and its elements, including individual normative acts and legal norms; it has various forms of manifestation and varieties.
Conclusion. For a more successful fight against negative effectiveness, it is necessary to clearly define its sectoral and other practical indicators, forms of external expression, as well as outline doctrinal and practical ways both to combat it and to prevent it in modern legislation and legal activity.
The article provides a brief analysis of the state concept of the RNC in 1905-1907. during the period of relative ideological and organizational unity of the party led by A.I. Dubrovin through the prism of traditional Orthodox spiritual and political values in a comparative context with the views of P.E. Kazansky, L.A. Tikhomirova, I.A. Ilyina. In its ideological activities, the party proceeded from the formula “Orthodoxy, Autocracy, Nationality”, known since the 1830s, which it supplemented with the clause “Unity and indivisibility of Russia”.
As a result of the study, it was determined that the historical and theoretical basis of the political and legal conservatism of the radical right-wing monarchical parties represented by the RNC were the concepts of statehood based on the Christian worldview, which represents a separate direction in historiography. We also include the works of L.A. Tikhomirova, P.E. Kazansky and I.A. Ilyina. Moreover, the most radical part of the party did not accept the instructions of this direction about the existence of earthly prerequisites for the emergence and functioning of the national state. Some party representatives perceived the state not from a purely formal legal point of view, but from a religious and moral one, while others substantiated the legal foundations of the power of the Russian Emperor. But all of them were supporters of a monarchical form of government, a unitary state system and an authoritarian regime.
Conclusion. The RNC popularized the ideas contained in the triad “Orthodoxy, Autocracy, Nationality” with the addition of the motto “Unity and indivisibility of Russia” by all available and illegal (pogrom activities, anti-Semitism) means and sharply negatively opposed the liberal and socialist concepts of statehood at the turn of the 19th-20th centuries.
PUBLIC LAW (STATE LAW) SCIENCES
This article examines the correlation of constitutional, administrative and financial aspects in the regulation of public insurance relations, namely in the implementation of compulsory insurance.
The author has implemented tasks to study the private-public nature of compulsory insurance, to consider compulsory insurance in the system of public legal relations.
The article uses a set of general scientific and private scientific methods. The author resorts to the methods of legal modeling, legal forecasting, and uses the formal legal method. The comparative legal aspect of the regulation of public insurance relations in Russia and in foreign countries is also touched upon.
The article deals with aspects of public insurance legal relations in the framework of compulsory insurance. The author attempts to define the public nature of insurance legal relations. In the work, the author comes to the conclusion that from the point of view of financial and legal regulation.
The purpose of the work is to define the essence and content of the term "state protection of cultural heritage objects of the peoples of the Russian Federation".
Based on this goal, the objectives of the study include the analysis of a legally fixed term, its comparison with other similar terms, as well as a brief historical retrospective of the development of this term.
The importance of discussing the issue lies in the fact that the term under study is the basic one for legislation on cultural heritage sites. In this regard, the correct definition of the term is the beginning and basis of the entire concept of building this legislation in the Russian Federation.
The fundamental conclusion of the article is that the phrase "relations in the field of conservation, use, popularization and state protection of cultural heritage objects", which is widely used in Federal Law No. 73-FZ "On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation", is incorrect and subject to change, since it is laid down in the law The concept of "State protection" is a more general concept that includes the rest. Accordingly, the task is to adjust the legislation not only in terms of clarifying the term "state protection of cultural heritage objects of the peoples of the Russian Federation", but systematically change all related articles, change the approach to this phenomenon.
The purpose of the work is to analyze the problems of administrative and legal support of state control over the testing of pharmacological drugs.
Based on the goal, the objectives of the study include identifying theoretical and practical problems in the administrative and legal regulation of testing pharmacological drugs, as well as making proposals for improving the mechanism of state control in this area. Currently, there is an increasing importance of administrative and preventive measures in the field of protecting public health in general and monitoring the testing of pharmacological drugs in particular. This is also due to information about a whole series of unfair tests by a number of foreign pharmaceutical campaigns of drugs in Russia and in new territories that became part of the Russian Federation.
The fundamental conclusion of the article is that the existing system of regulatory regulation of state control over the conduct of medical experiments and experiments involving humans is clearly imperfect. The current system of legal regulation applies only to clinical trials of pharmacological drugs, but does not apply to other forms of therapy. Clinical trials of a drug on a patient involve not only identifying its pharmacological properties, but also treatment, that is, therapy for the patient. The author proves that only the voluntary informed consent of the patient is not enough to protect his constitutional right to protection during medical experiments, provided for in Part 2 of Article 21 of the Constitution of the Russian Federation, due to the experimental nature of therapy or diagnosis.
The goal of the work is to improve the activities of the police in preventing illegal extremist activities among minors, solving the main problems of carrying out these activities.
Based on the set goal, the objectives of the study include an analysis of the current legislation on the prevention of illegal activities of extremist minors, scientifically based ways to solve the problems of applying this legislation.
The fundamental conclusion of the article is that, speaking about the prevention of extremism among minors, changes should affect, first of all, the units that are entrusted with the bulk of tasks in the prevention of juvenile delinquency in general, among which the UUP and PDN service should be highlighted, as well as PPSP. All police and internal service units that make up the structure of the internal affairs department must act in concert and in close operational cooperation.
The purpose of the work is to highlight problematic issues of the administrative-legal and administrative-procedural status of persons with mental disorders. The practice of applying the norms of administrative and administrative procedural law in relation to mentally ill persons forces us to clarify the theoretical and practical assessment of their status.
The objectives of the work include illustrating law enforcement practice and identifying theoretical gaps in matters of administrative-legal and administrative-procedural status of persons with mental disorders.
Various types of rights and obligations inherent in subjects of administrative and administrative-procedural legal relations suggest that substantive and legal restrictions do not always entail administrative-procedural restrictions for persons with mental disorders.
It is proven that medical legislation in terms of determining the grounds for a person to have a mental disorder requires adjustment.
The purpose of the work is to highlight some theoretical issues related to the application of administrative warning measures to persons who have committed crimes and offenses in the field of illicit trafficking in narcotic drugs and psychotropic substances, the issues of preventive work with persons who have committed offenses in the field of drug trafficking are analyzed.
Based on this goal, the objectives of the study include the analysis of the classification of administrative and preventive measures in the field of illicit trafficking in narcotic drugs and psychotropic substances.
Currently, there is an increasing importance of administrative and preventive measures in the field of illicit trafficking in narcotic drugs and psychotropic substances, which causes special attention to the methods of their application, especially for such a category of citizens as minors.
The fundamental conclusion of the article is that administrative preventive measures are deprived of the nature of administrative punishment and can be applied to persons who have not committed offenses, although they will restrict their rights and freedoms. In addition, through the implementation of special administrative and preventive measures, individual crime prevention is actively implemented, aimed at educating and influencing those who have violated the law or are at risk of such behavior. These measures, due to their focus and accuracy, are highly effective.
PRIVATE LAW (CIVIL LAW) SCIENCES
The purpose of the article is to study the role of legal forecasting as a method of scientific knowledge for improving the current procedural legislation and the timeliness of measures taken to protect participants in legal proceedings in the context of the dynamic development of the socio-economic sphere of state activity.
The article sets the following tasks: 1) to highlight the features of forecasting in the procedural field, noting its specific relevance; 2) to consider the theoretical aspects of the problem, including clarifying terminology, defining the purpose and levels of legal forecasting.
Methods: The work uses general scientific and special research methods, such as analysis, synthesis, generalization, comparative legal method.
Results: The author comes to the conclusion about the importance of legal forecasting for improving procedural legislation and increasing the effectiveness of judicial protection in the conditions of dynamic development of society. The necessity of creating special analytical structures in the judicial system is substantiated. A situational approach to the separation of types of legal forecasting is proposed, based on the conditions of forecasting and the availability of the legal material under study. The increasing role of legal experiments is noted.
Conclusions: Legal forecasting is a necessary condition for the successful development of domestic legal proceedings in modern conditions. It makes it possible to identify problems in procedural legislation in a timely manner, prevent judicial response measures from lagging behind the needs of society and find optimal ways to improve legal regulation. The introduction of legal forecasting and the creation of special analytical structures in the judicial system will contribute to improving the quality of justice, ensuring effective protection of the rights of participants in legal proceedings and strengthening the economic security of the state.
The purpose of this article is to study the concept and features of a land plot and part of a land plot as objects of land and property relations in legislation and legal doctrine. To achieve this goal, it seems necessary to analyze the legal definition of a land plot, as well as the doctrinal definitions of a land plot and its part, identify their advantages and disadvantages, and propose an author's own definition of these concepts.
The purpose and objectives of the work determined the methodology of this study, which is based on a number of methods, in particular: analysis and synthesis, comparative legal, formal logical, dialectical method of cognition of social phenomena and processes.
As a result of the research, the author formulated his own definitions, as well as some recommendations regarding the improvement of Russian land legislation. In particular, it is proposed to formulate the following definition of a land plot in paragraph 3 of Article 6 of the Land Code of the Russian Federation: a land plot as an object of land relations ‒ This is a part of the earth's surface, the boundaries of which are defined in accordance with federal laws. The vertical lower boundaries of the land plot are established in accordance with the legislation on subsoil use, and the vertical upper boundaries of the use of airspace above the land plot should be determined by a universal formula "to the limits necessary for the proper use of the land plot".
We also recommend including in clause 3 of Article 6 of the RF CC a legal definition of a part of a land plot as a technically and legally formed and individualized component of an entire land plot in accordance with the requirements of the legislation.
The purpose of the article is to determine the legal status of an interactive multimedia presentation as a multimedia product, an intangible asset – an object of copyright, as well as an object of intellectual property rights to the results of intellectual activity.
Based on this goal, the purpose of the study is to identify the features and specifics of interactive multimedia presentation as a result of intellectual activity and an object of intellectual rights.
The methodological basis of this research is the dialectical method of scientific cognition, formal legal, comparative legal, as well as the method of system analysis, which allows to identify the features and specifics of interactive multimedia presentation as a result of intellectual activity and the object of intellectual rights.
Conclusions: Digitalization of higher education has led to the need to introduce interactive multimedia presentations into the educational process as digital educational resources – objects of intellectual rights. An interactive multimedia presentation is not explicitly specified in paragraph 1 of Article 1259 of the Civil Code of the Russian Federation as an object of copyright, however, on the one hand, the list of such objects contained in this norm is not exhaustive, and on the other hand, such a presentation is a multimedia product mentioned in Article 1240 of the Civil Code of the Russian Federation. As for the correlation of the terms «intellectual rights» and «intellectual property», the conclusion is substantiated that intellectual property is an object of intellectual rights.
CRIMINAL LAW SCIENCES
The modern development of digital technologies is taking place in a revolutionary way. Their types, methods and spheres of legal application are multiplying every day. In this regard, many previously stable legal spheres require their development [2, с. 15, 17].
Criminal proceedings are becoming more and more "digitized". The use of digital technologies provides a peculiar development of all its elements: the sphere of electronic communication is expanding in the form of the use of digital communication (videoconferencing, other remote presence technologies), filing electronic statements about a crime, sending complaints to the court via the Internet, obtaining digital evidence and their research, etc.
The two aspects of digitalization that raise the most questions in the science of criminal procedure are the introduction of artificial intelligence, its limits and the possibilities of digital proof. The field of artificial intelligence is particularly acutely debated by scientists [18]. The reason is clear: artificial intelligence technology opens up as yet unknown opportunities for the investigator, the court, and other participants in criminal proceedings. However, it seems to us that such discussions are mostly virtual in nature, aimed at accumulating information and so far have little practical significance. Although we share the desire of procedural scientists in this field to produce results that will allow using artificial intelligence technology practically effectively and in accordance with the purpose of criminal proceedings in the future.
Our attention is drawn to the use of electronic evidence, which is most directly related to artificial intelligence and the impact that they have on the proof procedure. The legislator has provided for a number of provisions aimed at regulating factual data of a digital nature. However, these measures do not seem to be sufficient to make the use of electronic evidence effective. It is necessary that the order of procedural treatment with them acquire the necessary, including systemic, character.
The lack of an established procedure for the collection, research, procedural consolidation and evaluation of electronic evidence creates difficult obstacles, and consequently causes the reluctance of the law enforcement officer to use promising information resources in his practice, which, among other things, creates a negative background with regard to artificial intelligence.
The purpose of the study is to propose ways to improve the procedures of criminal procedural evidence in pre–trial proceedings using electronic evidence and prospects for the development of artificial intelligence in criminal proceedings.
The objectives of the research are a theoretical analysis of the concept of "electronic evidence"; a synthetic representation of the concept of evidence; identification of special characteristics of electronic evidence affecting the procedure of criminal procedural proof in pre–trial proceedings; formulation of a problem in the field of determining possible ways to improve individual (most significant) elements of the proof process in connection with the use of electronic evidence; modeling of individual elements of criminal procedural evidence when using electronic evidence.
Research methods: dialectical, theoretical analysis, synthesis, hypothetical, generalization, modeling, sociological.
The results of the conducted research are the theoretical definition of the concepts of "electronic evidence" important for the science of criminal procedure, the author's proposals on ways to optimize the proof process in pre–trial proceedings using electronic evidence.
The purpose of the work is to develop theoretical provisions and practical recommendations on criminalistic risk aimed at improving the efficiency of the process of disclosure and investigation of crimes.
The tasks of the work include the study of the term "forensic risk", the construction of its classification, the analysis of conditions affecting the activities of the investigator (inquirer) in situations of forensic risk, the development of proposals aimed at improving the quality of the preliminary investigation.
To achieve this goal and solve problems, the author uses such general scientific and private scientific methods as analysis, synthesis, system-structural, comparative, situational modeling, etc.
Results: a classification of criminalistic risk situations has been developed, and a system of recommendations aimed at minimizing the negative consequences of the main types of criminalistic risk has been proposed.
Conclusions: excessive criminalization in modern criminal legislation entails many negative consequences, and therefore this process should be limited and a more meaningful approach to the transformation of a special part of the Criminal Code of the Russian Federation.
The purpose of this article is to identify the features of the components of crimes included in the sectoral institute of criminal liability for bankruptcy, which acts as an element of a complex interdisciplinary institute of insolvency (bankruptcy), by considering their criminal characteristics.
Based on this goal, the objectives of the study include the consideration of problems related to the complex nature of the institute of insolvency (bankruptcy) and its integral element – the sectoral institute of criminal bankruptcy, the norms of which provide for liability for crimes related to bankruptcy.
The rapid development of the gambling industry, including the online sphere, requires innovative legislation, which necessitated the adoption of Federal Law No. 244-FZ of December 29, 2006 “On state regulation of activities for the organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation " The development of information technologies and their active implementation in the gambling sector offered players simplicity, convenience, accessibility and confidentiality, and organizers - new opportunities for carrying out activities and avoiding criminal liability. This led to the emergence of a number of theoretical and practical problems in the field of legal regulation of such a process.
The purpose of this study is to study the problem of criminal legal counteraction to the use of information and telecommunication networks to commit crimes in the gambling sector.
To achieve the stated goal, the following tasks have been identified: to determine reasons and conditions for running online casinos; formulate proposals for improving legislation and the practice of its application in order to increase the effectiveness of countering the illegal organization and conduct of gambling on the Internet.
The conclusions of this study are that currently only criminal legal means are not enough to effectively combat illegal gambling on the Internet; an integrated systematic approach is required, including not only criminal instruments, but administrative ones within the framework of public administration, civil law , computer and technical measures aimed at combating illegal gambling.
ISSN 2782-5841 (Online)