CRIMINAL LAW AND PROCESS
The subject of the article was the information of the "Brief Explanatory Note to the conclusion of the interdepartmental Commission ..." and its two subsections "Mandatory resolutions" and "Penal Resolutions", as well as individual norms of the "Draft Statute of the Police with article-by-article explanations", legislative acts of the Russian Empire, research by scientists. Among the tasks of the authors saw the need to disclose the content of two types (categories) of resolutions that would be necessary to raise the authority and professionalism of not only the police, freeing it from uncharacteristic functions, but also city dumas and zemstvo assemblies. To reveal the content of the procedural issues of the adoption of mandatory and punitive decisions, their fundamental differences, to present procedural and legal issues of the implementation of mandatory decisions in practice through the adoption of punitive ones. Analysis, generalization, comparison, analogy, concretization, description were chosen as methods of working on various sources. Their totality made it possible to draw the author's conclusions, to show the direction of mandatory and punitive resolutions, their role in ensuring deanery, public order, changing the attitude of citizens to the arrangement of places of residence, compliance with reasonable rules of the hostel, providing landscaping, sanitation, public safety.
The article analyzes the essence of the term “technical means” in order to form the definition of the notion in the field of criminal proceedings. Attention is drawn to the absence of the official definition, on the basis of which it is concluded that there is some gap in regulatory matters connected with the subject. At the same time, it is summarized that the universal definition of the notion “technical means” for regulatory purposes is not required because it will create obstacles to its correct perception and implementation. The current legislation reveals this terminology in relation to various spheres of human activity. It is observed that criminal proceedings are currently at the stage of digitalization, which is designed to increase the effectiveness of those power entities’ activities. The article identifies a variety of possibilities for the use of technical means in criminal proceedings based on the analysis of the Code of Criminal Procedure of the Russian Federation, which regulates the rules of their use in various situations arising during the preliminary investigation of the trial. The author examines the list of subjects entitled to use technical means, indicating that the legislator has approached the regulation of this issue quite selectively. The criteria of the admissibility of the use of technical means in criminal proceedings are investigated. Taking into account the problems solved with the use of technical means in criminal proceedings, the author's definition of their essence is proposed.
The article is devoted to the principle of free evaluation of evidence in criminal cases enshrined in the Russian law and the analysis of the rules of such evaluation. Evaluation of evidence is a necessary element of proof in a criminal case. The evaluation of collected evidence is carried out in compliance with the rules stipulated by the procedural legislation. Understanding the importance of comprehensive, objective consideration of all the circumstances of the case, the legislator has provided for such mandatory properties of evidence as admissibility, relevance, reliability and sufficiency of evidence in their totality. At the same time, the law does not contain a definition of the very concept of evaluation of evidence, as well as does not disclose the structure and features of the evaluation of each of these properties. In this regard, it is important to analyse not only legislative norms, but also the position of the highest courts on the issue of evaluation of evidence, available court practice in criminal cases. Special attention is paid to the study of the concept of inner conviction, which plays an important role in the evaluation of evidence.
The article deals with the tactical and organizational issues of the interrogation of persons who are participants in the proceedings on crimes committed by employees of collection agencies against debtors and their relatives. The features of this investigative action due to the specifics of the committed crime are analyzed. At the same time, the most important sources of verbal information about the event under investigation are such persons involved as victims and suspects. Based on the use of a comprehensive and information-analytical method of processing forensic information, forensic investigative practice, as well as an objective assessment of the recommendations available in the legal literature on the conduct of interrogation, a characteristic of the specific features of its conduct in relation to each of the categories of interrogated is given. Knowledge of these features allows, in the author's opinion, to achieve the effectiveness of this investigative action and obtain evidentiary information that is significant for the investigation of a criminal case. Attention is drawn to the importance of preliminary preparation for the interrogation, some tactical techniques are proposed aimed at neutralizing the opposition to the investigation, including using the help of a specialist involved in the interrogation. It is concluded that a well-thought-out, carefully prepared, timely and high-quality interrogation at the initial stage of the investigation of the category of crimes in question affects the effectiveness of their disclosure.
CIVIL LAW
The article is devoted to the content of the concept of the organizational and legal form of a legal entity. The evolution of the market economy has determined the need for collective unification of property and persons to participate in civil turnover, the development of the institution of legal entities and the legal regulation of the forms in which they can be created. The choice of the organizational and legal form of a legal entity is the most important component of the process of its creation. The organizational and legal form determines the main characteristics of the future organization. The Civil Code of the Russian Federation contains a solid list of organizational and legal forms of a legal entity. These legislative constructions should serve to achieve the goals for which a legal entity is created. The article analyzes the views and approaches to the organizational and legal form of a legal entity and its properties, which make it possible to determine the essence of the concept, and also provides the author's definition of the organizational and legal form of a legal entity. The methodological basis of the study was the methods of analysis, synthesis and comparison, which were used when considering various points of view in the issue under consideration; the systematic and formal legal method was used in the analysis of civil law norms.
The article is devoted to the question of the existence of protective legal relations in Russian law. The theoretical concepts related to them are considered, as well as the origins of the theory of protective legal relations itself, starting with the views of pre-revolutionary representatives of Russian civil science. Based on a comprehensive theoretical analysis of the ideas available in science about the subject of research, the author consistently considers the idea of the need to differentiate legal relations into regulatory and protective ones, where the latter have a special functional purpose and a normative basis in the form of protective legal norms. The protective legal relationship is determined precisely by the legal norm regulating the corresponding public attitude. The conclusion is made about the presence of specific signs of protective civil legal relations, which make it possible to clearly distinguish them from regulatory legal relations.
The article considers the issue of the subject matter of the surrogacy contract, which continues to be debatable in the science of civil law. In this regard, a legal assessment of the amendments introduced by federal legislation concerning the requirements for the parties to such a contract is given. In the course of the research, general scientific methods of theoretical analysis, generalization and systematization of scientific data and judicial practice were used. Based on the theoretical analysis of the updated legal regulations of the federal legislation on surrogacy, positive and negative aspects of their application in practice are revealed. It is concluded that the changes in legislation giving priority to the conclusion of a surrogacy agreement to married people and securing a ban on its conclusion to foreign citizens, of course, should be attributed to positive phenomena, which is not the same with respect to such a possible participant in the surrogacy agreement as a single man. According to the authors, it is clearly unfair to exclude single men from both the possibility of starting a family and the possibility of procreation. In practice, the cases of single men applying to the services of auxiliary reproductive technologies should not be ignored, but carefully regulated to minimize litigation on this issue, which, based on the analysis of judicial practice, are resolved in favor of a single father.
The article discusses the features of the subscription agreement as a special contractual structure. Based on the analysis of the normative definition of the contract, its features are revealed and the legal characteristics of the contract are given. The essence of the subscription agreement is defined as a special contractual structure used in the organization of relations between subjects of civil circulation. The ratio of the subscription agreement and the other types of agreements named in the Civil Code is considered. The application of the general scientific system method made it possible to study the provisions on subscription agreements as elements of an integral system of the law of obligations. On the basis of a systematic approach to the law of obligations, the features of the conclusion of subscription agreements are investigated and the specifics of the dynamics of the legal relations arising from them are revealed. In order to develop Russian legislation governing legal relations arising from subscription agreements, it is proposed to develop and approve a single regulatory legal act - the Federal Law “On the agreement with execution on demand (subscription agreement)”.
In the article author analyzes the question of the fate of the liquidated participant's share in another business company. The Russian law on limited liability companies is quite complex, it includes several modes of action with an "orphaned" share. At the same time, there is no exact solution in the legislation, which can put practicing lawyers at a dead end. In particular, the exclusion of a participant involves filing a lawsuit against the same participant, who has already been liquidated by this time. We must also prove that such a participant has committed actions contrary to the normal operation of the company. An appeal to the arbitration manager may not always help, since this procedure is limited in time, and also presupposes the presence of strong-willed actions on the part of interested parties. If the founder of such a liquidated participant is interested in exercising his rights, there is an algorithm of actions. However, if there are no interested parties, then we are faced with a rather difficult situation when there is no directly established procedure for the actions of the participants of the company. The author comes to the conclusion about the possibility of accepting such a share on the balance of the company itself.
Personal non-property rights are of an individual non-property and absolute nature, belong only to a person, and therefore require special protection that meets the criteria of efficiency and accessibility. Violation of a person's personal sphere inevitably affects his or her position in society and his or her own sense of self. Compensation for moral damage allows compensating for the person’s loss in case of violation of his or her non-property rights, intangible benefits. The concept of moral harm as physical and moral suffering does not cover the psychoemotional states of the victim, as well as the fact of a decrease in the quality of life is not taken into account, which makes the scope of compensation limited. The harm compensation mechanism is imperfect in terms of determining the size and the reality of its compensation. In practice, compensation for moral damage does not always effectively protect personal non-property rights, which expresses the relevance of the stated topic. The purpose of the work is to identify the problems that arise when compensating for moral damage and to propose solutions that can be applied in practice. The objectives of the work are to analyze the characteristics of moral damage, the mechanism for its compensation, the practice of its application and to evaluate the effectiveness of the latter. The work uses both general (analysis and synthesis) and special (comparative and formal-legal) research methods.
INTELLECTUAL PROPERTY LAW
This article discusses issues related to copyright protection for objects created with the help of artificial intelligence. The rapid growth and development of technologies, the development of artificial intelligence and the appearance of works of art, scientific and technical objects created with the help of artificial intelligence technologies have led to an increase in the attention of scientists and practitioners to the issues of copyright protection for such objects. It should be noted that there is a significant similarity between objects created with the help of artificial intelligence and phonograms. In addition, the possibility of using patent-legal regulation for such objects is being considered. In a situation where there are no new legal norms for regulating objects created with the help of artificial intelligence and their creation should not be expected in the near future, it is possible to use these legal norms in order to regulate relations in this environment. In world practice, there are already examples of court proceedings in such cases. However, at the moment, in most cases, AI is not recognized as a possible author of works. It should be assumed that in the future this situation may radically change.
The objectives of this study are to assess the feasibility of endowing artificial intelligence with legal personality and to assess the possibility of applying legal liability measures to artificial intelligence. The article studies the essence of artificial intelligence technology, analyzes the reasons for the emergence of opinions about the need to vest artificial intelligence with subjective rights. The study examined scientific and official positions of legal doctrine: justifications of legal scholars, the trend of the legislative position of the European Union, practical examples from foreign experience concerning the issues of vesting artificial intelligence with rights and applying liability measures to it. As a result of the study, conclusions were drawn about the classification of artificial intelligence as a source of increased danger, the inexpediency of endowing artificial intelligence with legal personality and establishing liability measures against it, the need for technical development and legislative consolidation of mechanisms for monitoring the activities of artificial intelligence and the people using it.
THEORY AND HISTORY OF STATE AND LAW
This article is a kind of continuation of the author's publications devoted to the problems of the relationship between law and religion, the state and the church. In particular, in this article, the author examines the concept of religious legal culture through the prism of modern ideas of the theory of law about the concept, types and content of legal culture, and also identifies and examines its characteristic features. Among the latter, special attention is paid to the syncretism of religious and legal norms in a single mechanism for regulating public relations under the domination of religious legal consciousness. In addition, the article shows the importance of religious legal culture and religious legal awareness in the historical process of development of the socio-political institution of law. At the same time, the distinctive features of religious legal culture highlighted by the author are illustrated by the relevant provisions of both Jewish and Muslim law in the form of quotations from the Holy Scriptures – the Pentateuch of Moses (Torah) and the Koran, as well as their assessments and comments contained in the scientific works of domestic jurists (theorists and historians of law) and Christian theologians – biblical scholars. Special attention is paid by the author to the peculiarities of religious legal consciousness and their manifestations at the levels of intellectual, emotional and volitional components.
The article analyzes the features of the gnostic attitude to the ethics of secular law and the dogmatics of religious law. The author proceeds from the fact that the foundations of legal regulation of relations between people are based on fundamental concepts of the good and the evil, which, as a rule, are explained by religious teachings, volitional decisions of public authorities, philosophical treatises, etc. The paper proves that all religions have relative, not absolute knowledge, i. e. they are false, as well as the conceptual dogmas of political institutions or individual prophets, although they contain pearls of real wisdom. Based on the dualism of social life and any person’s subjective view of the reality, it is proposed to minimize private misconceptions by way of combining organically the achievements of humanities (philosophy and jurisprudence) and empirical knowledge accumulated by the mankind. In addition, the work examines the experience of the Masonic brotherhood in coordinating morality and legal models of behavior through the prism of landmarks – "freemasons"’ universal ethical and legal rules of behavior structurally resembling the sacred mononorms of the ancient Indian dharmashastras. At the end of the article, the original author’s list of sixteen spiritual and moral initiatives (basic value ideas) of modern Gnostic legal understanding is proposed as a conclusion.
This article discusses in detail the basic principles of legal regulation of the alienation of state property in accordance with the Civil Code of the RSFSR of 1922. The paper draws attention to the specifics of the alienation of state property caused by the state ideology of the Soviet state that existed at that time and, as a result, the principles of publicity of civil law. The legal mechanism for the alienation of state property and its continuity with the legislative norms on privatization in modern Russia is investigated. The presence of rich legal experience in regulating privatization in Russia is noted. The detailed analysis of certain norms of the Civil Code of the RSFSR of 1922, as well as annexes to it, was carried out and the main characteristics of the mechanism for the alienation of state property that existed on that historical stage were identified. The paper also presents a comparative legal analysis of the procedure for the alienation of state property as existed in the era of the formation of the Soviet state with the existing privatization procedure in the Russian Federation. The authors also made suggestions on optimizing the institution of privatization in modern Russian legislation on the basis of the reception of the norms established by the Civil Code of the RSFSR of 1922.
With an emphasis on regulatory regulation, the origin, formation and development of advertising activities in the domestic economic and legal space from the time of Kievan Rus to the current period was analyzed, as well as its organizational structure in foreign practice was considered. Based on the available sources, the stages of the development of advertising as a social phenomenon are highlighted: pre-revolutionary, Soviet and modern. At the same time, in Russia, the analyzed phenomenon took shape as a demanded type of socio-economic activity only in the second half of the 19th century and was presented mainly in periodicals, namely, as advertisements of a commercial, exchange and industrial nature. In comparison with other countries, where the formation of advertising in the form that is understandable and familiar to the modern consumer took place by the 17th century, it is quite late. Today, advertising occupies an important place in the life of society and its penetration into various spheres of human life (politics, business, science, creativity, etc.) is becoming more and more obvious. Nevertheless, although in the economic market conditions of the 21st century advertising is not only necessary for successful business, but also a highly profitable area, it is often aimed at achieving far from good goals. In some cases, advertisers are so focused on selling products and obtaining financial benefits that they act against the interests of consumers, violating their rights. Of course, it would be a serious mistake to believe that the evolution of advertising as a phenomenon and related relationships is complete. On the contrary, this type of activity continues to actively develop, which entails the emergence of new issues. In accordance with this, further improvement of the regulatory system and, in general, ensuring proper legal regulation in this niche are important tasks for the Russian state.
STATE AND LAW
The subject of the study is the norms of Russian legislation on financial control in the field of public procurement, which are aimed at creating an organizational and legal mechanism for combating corruption. The materials of law enforcement practice and scientific works on the negative consequences of corruption in the field of public procurement have been studied. The purpose of the study is to consider and systematize knowledge about the possibilities of financial control to prevent the negative consequences of corruption in the field of public procurement. The objectives of the study are: analysis of the provisions of Russian legislation on combating corruption in the field of public procurement; interdisciplinary study of the methodology for identifying the consequences of corruption in public procurement; systematization of state financial control methods that contribute to the detection of corruption manifestations in procurement activities, based on grouping and typology methods. In the course of the study, the authors identified shortcomings in the legal regulation of financial control in the field of public procurement and proposed ways to improve the Russian legislation.
The article focuses on the importance of legal regulation of strategic planning. According to the author, today strategic planning is the main direction in the state policy of the Russian Federation, responsible for sustainable socio-economic development and ensuring the national security of the Russia. Due to the increase in the volume of geopolitical challenges and threats, the improvement of the regulatory legal regulation of strategic planning is becoming even more important. According to the author, in the realities of the modern dynamics of the development of the economy, political and social spheres, legislative policy should be more integrated into the strategic planning system - the forecast of the need to adopt new laws and change existing ones should be built in parallel with the development and implementation of strategic planning documents, including sectoral strategies. Such an approach will bring long-term systemic order to legislative activity. This article also puts forward a number of proposals regarding the directions of development of the regulatory legal regulation of strategic planning in Russia.
The article discusses possible ways and directions of development of the system of separation of powers within the framework of the provisions of the Constitution of the Russian Federation of 1993. The author of the article notes that the Russian model of the separation of powers system headed by a strong head of state in the person of the President has fully justified itself. However, it is not without a number of disadvantages. The author suggests considering the possibility of switching to a model of party Government, ways to strengthen the control activities of the Parliament of the Russian Federation and increase the financial independence of the judicial system. Special attention should be paid to the author's idea of the immutability of the constitutional establishment on the limitation of two terms of office of the President and his equating in legal force with the norms of Chapters 1, 2, 9 of the Constitution.
In the article, the authors examined the concept of ownerless property and the main criteria by which certain objects can be attributed to ownerless, and also identified the problems of legal regulation of ensuring the proper regime (level) of security of such objects. Attention is also paid to determining the role of the prosecutor's office in solving the problem of ensuring the safety of ownerless and abandoned facilities. The methodological basis of the research is represented by such universal and general scientific methods of cognition as analysis, dialectical and logical methods, methods of deduction and induction, structural and functional approach; also, special legal research methods were used in the work, namely formal legal, system-structural, statistical method, etc. The authors come to the conclusion that the problem of ensuring the safety and security of ownerless real estate is associated with various factors both objective and subjective. This is, first of all, insufficient legal regulation of the powers of local self-government bodies to register and acquire into municipal ownership real estate that does not have an owner. The work also revealed facts of unsatisfactory work and inaction of local self-government bodies, which ultimately pose a threat or lead to an emergency situation during the operation of ownerless facilities, violation of citizens' rights and ensuring their safety. The authors propose a number of security and protective measures to eliminate the identified problems. At the same time, the role of the prosecutor's office in solving these issues was noted.
The purpose of the scientific research is to review and systematize the decrees of the President of the Russian Federation issued in 2022–2023, which significantly change investors’ legal status in Russia. The author analyzes the role of decrees of the President of the Russian Federation as a source of law and comprehensively considers the main changes in investors’ legal status introduced by the decrees being analysed and considered in connection with the latest change in the geopolitical situation and the introduction of sanctions against Russia. The scientific novelty of the study lies in the systematic analysis of several interrelated decrees of the President of the Russian Federation which significantly affect investors’ legal status as well as in the formation of possible approaches to improving the investment climate by way of developing this array of regulatory legal acts in order to form a clear and stable legal regime for investment in Russia.
INTERNATIONAL LAW
The article attempts to study the transformation of the role of an international treaty in modern realities by the example of treaties in the field of human rights protection. International treaties form the basis of inter-State relations. Sustainable and effective interaction between States is impossible without the presence of internationally recognized provisions, the fundamental purpose of which is to fix the mutually enforceable rights and obligations of the parties to the treaty. International treaties, meanwhile, act as an effective way of maintaining universal peace and security, developing international cooperation in accordance with the fundamental goals and principles of the UN Charter. In modern realities, there is a decrease in the role and importance of an international treaty for States. In particular, this trend can be traced by the example of international treaties regulating human rights. So, at the moment it should be stated that in accordance with the domestic legislation of many States, the Constitution has priority over international law in certain cases. As part of the study of the transformation of the role of an international treaty in modern realities, among other things, the issue of the application of reservations when signing an international treaty by a State was investigated. According to the results of the study, it is concluded that the States that have signed international treaties on human rights with reservations use participation in these treaties for purposes that can be characterized as reputational and material, which contradicts the very essence of the creation of these international treaties - the protection of human rights. Using the example of studying the practice of enforcement of decisions of the European Court of Human Rights by States parties to the European Convention on Human Rights, the author stated that at the present stage many states do not comply with the most important stage of the entire contractual process - unconditional execution of international treaties.