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Vol 9, No 3 (2024)
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THEORY AND HISTORY OF STATE AND LAW

9-13 53
Abstract

The article shows the importance of forming methodological recommendations, crime investigation practice, stable relationship between two measured values or variables (correlations), expressed in statistical form, for forensic science. It indicates their consideration based on the results of empirical studies and in forming forensic characteristics, which play a leading role in determining (adjusting) the directions of investigation, especially in periods of absence of initial information. According to the author, in order to give correlations practical significance in the formation of forensic characteristics of an investigation, their scientific foundations should be introduced into the fundamental field of criminology: to consider the concept, essence, types, correlation relations, the importance of correlation analysis for criminology and investigative practice. The author concludes that correlation analysis in criminology should include the following techniques: 1) construction of a correlation field and compilation of a correlation table; 2) calculation of sample correlation ratios or correlation coefficients; 3) testing the statistical hypothesis of the significance of the connection

14-21 63
Abstract

The article considers the main problems that arise in the implementation of prosecutorial supervision of the preliminary investigation at the stage of initiation of a criminal case, identifies the main problems of exercising the powers of the prosecutor at this stage. The research uses methods of generalization and systematization of scientific data and supervisory practice, as well as the statistical method and the method of theoretical analysis. The main attention is paid to the stage of verification of a crime report, where a large number of violations of current legislation are recorded annually. As a result of the study, the conclusion is formulated that the means at the disposal of the prosecutor, with which he can respond to identified violations of laws, are currently indirect due to their limited imperative, therefore, the main reasons for the problems raised in the article are insufficient means of prosecutorial response, their inefficiency. As recommendations to the legislator, the following ways of solving the identified problems are proposed: 1) give the prosecutor the right to give written instructions to the investigator on the direction of the investigation, the conduct of certain investigative actions, for which to make appropriate changes to the Code of Criminal Procedure; 2) give the prosecutor the right to initiate a criminal case, consolidating this right by making appropriate changes to the Code of Criminal Procedure of the Russian Federation.

22-27 50
Abstract

One of the tasks of the legislative body is to develop and implement stimulating norms that contribute to the re-socialization of convicts after serving their sentences in correctional institutions. As such stimulating norms provided for by the criminal law, it is possible to name the removal of a criminal record. The removal of a criminal record in the framework of criminal proceedings plays a key role in canceling the negative legal consequences previously acquired by convicts during the commission of their incriminated actions. The substantive procedural norms mentioned by the federal law determine the terms, types and procedural procedure for applying to the court to eliminate a criminal record. In other words, the legislature differentiates the repayment periods of a criminal record based on the category of crime. Without going into deep controversy regarding the elimination of criminal record (repayment of criminal record) by default, let’s try to limit ourselves to the study of topical issues related to the removal of criminal record.

28-33 44
Abstract

The development of digital technologies and the openness of the media space are transforming the education system and involving an increasing number of people in online education, including providing an opportunity for persons in prison to become a subject of such an educational process. The relevance of the topic is due to the fact that currently the educational process in educational institutions can be implemented through the use of remote technologies, which gives convicts in places of deprivation of liberty the right to receive online education. The authors of the article postulate that in conditions of deprivation of liberty, educational processes, including the use of remote technologies, act as one of the important institutions for the resocialization of the personality of convicts, who, represented by the territorial bodies of the Federal Penitentiary Service of Russia, should be assisted in the realization of this right. The realization of the right of convicts to receive education in a distance format has its own peculiarities, taking into account the specifics of the internal regulations of the correctional institution. The works of scientists in the field of penitentiary law N. A. Krainova, T. N. Volkova, R. A. Romashova, E. V. Abramov are devoted to the issues of education in places of detention. The scientific works of L. K. Fortova, A. S. Tymoshchuk, A. M. Yudina consider the features of the distance learning process and the use of digital technologies in educational activities. The subject of the research in this article is the legal norms governing the rights of persons serving sentences in places of deprivation of liberty to receive education through digital technologies. The methodological basis of this work consists of general scientific and special research methods: the conceptual and terminological method, the formal logical method, the methods of analysis and synthesis, the method of generalization. The authors of the article conclude that the development of the technical base and mechanisms for the realization of the right of convicts to study in a digital environment is one of the tasks of the Federal Penitentiary Service of Russia

THEORY AND HISTORY OF STATE AND LAW

34-38 45
Abstract

The article examines approaches to the concept of constitutional risk in domestic and foreign political and legal literature, the ambiguity of the conceptual and categorical apparatus, risk assessment and the close connection of political risks with constitutional ones. It is suggested that the risk in constitutional rule-making is the result of inconsistency of interests of participants in constitutional legal relations. Separate problems of prevention, minimization and prevention of constitutional and legal risks are considered. A special place in the study is occupied by risk analysis in lawmaking, this is due to the special tasks of legal regulation. The problem of taking risks into account in constitutional rulemaking is being investigated as a special kind of legislative technology – coordination of interests. The author concludes that it is precisely coordination that is a necessary element of any legislative activity that allows, to one degree or another, to foresee, reduce or overcome risks, including in constitutional law and the political sphere of society. The article pays close attention to the study of the causes influencing the emergence of constitutional risks, as well as ways to eliminate such causes.

39-45 46
Abstract

The article attempts to consider the issues of the development of legal doctrine as part of social knowledge designed to ensure the proper state of law and order from the standpoint of a paradigmatic approach. The subject of the study was the paradigmatic approach and the cognitive possibilities of its application in legal research. The research methodology was compiled by the universal dialectical method of cognition, general scientific and private scientific research methods, including such cognitive tools as analysis, synthesis, induction, deduction, etc. The author identifies three most common types of paradigms: archaic, traditional and modern paradigms. An approach is proposed by virtue of which the archaic paradigm constructs mononorms aimed at the most general social regulation; the traditional one proceeds from the separation of morality, morality, religion and law; the modern paradigm assumes the separation of law from religion, in connection with which it loses its sacred content and becomes an exclusively secular institution requiring social legitimization. The justification of the existing model of law and order within the framework of each specified paradigm is served by a legal doctrine that establishes, within the framework of appropriate cognitive tools, the most significant values and political and legal ideals.

46-55 76
Abstract

The article presents the results of the analysis, generalization, classification and identification of the interrelationships of the prerequisites for the formulation of the problem of cyclic normative arrays as one of the varieties of atypical legal arrays in the theoretical and legal aspect. The conclusion is substantiated that by now they have been formed both by the objective course of development of law, legislation, and the results of scientific knowledge of the dynamics of law and these objects, both in applied and fundamental terms. The relevant prerequisites are classified on various grounds, including practical and doctrinal, objective and subjective. In the course of the author’s reasoning, the interrelation of the prerequisites under consideration, the conditionality of the differentiation, the objective nature of the practical aspects and the elements of the subjective in the doctrinal preconditions for theoretical and legal research in relation to the chosen object of knowledge are shown. Among the practical prerequisites are indicated: the complication of public relations, processes and connections, the complex nature of the tasks for which law is involved, the emergence and widespread use of adequate legal forms, legal means and combinations of methods of legal regulation; the formation and development of atypical regulatory arrays and their varieties in domestic legislation; the ongoing systematization of Russian legislation, including those arrays of it that are named by jurists as cyclic. The doctrinal prerequisites include: conclusions-statements of lawyers that record the emergence of new phenomena, the dynamics of processes occurring in law and in legal doctrine, peculiar discoveries of legal “artifacts” that either did not exist before or were discovered only at the present stage of the development of the science of law; hypotheses and forecasts regarding the transformation of law and its system; the expansion of practice and the results of the application of the principles of modern science, original theoretical concepts and methodological approaches in the knowledge of law; the expected results of the research of cyclic normative arrays in the theoretical and legal aspect and the associated expectations regarding the realization of their practical and transformative potential. The author’s reflections are presented in the form of an argumentation of the thesis that the development of theoretical and legal knowledge about this phenomenon is a necessary condition for an adequate reflection of the current state of law in its scientific picture, as well as effective doctrinal support for state-legal construction in Russia, solving the problems of law-making, systematization of legislation and law enforcement.

56-61 42
Abstract

This article is devoted to problematic aspects of the legal status of public legal entities – the Russian Federation, its subjects and municipalities. The author puts forward a number of proposals for the development of current legislation and judicial practice. Nearly each of the elements of the status of a public legal entity regulated by law is regulated not only by the norms of the Civil Code of the Russian Federation, but also by the norms of federal laws, which can both very significantly clarify the norms of the Civil Code of the Russian Federation and establish a completely different legal regime than the Russian Civil Code the blanket norm having a general nature. The issue of distinguishing the subject of civil legislation and public law branches of legislation is also considered. The subject of the study includes questions about the relationship between real and property rights, about the characteristics of legal relations as authoritative, about the civil liability of public legal entities, in particular the issue of jurisdictional immunity.

62-68 45
Abstract

This article is devoted to private legal means of combating corruption. Among these, the author, in addition to such an obvious method as compensation for damage caused by lawful and unlawful acts of public authorities and their officials, includes the application of the consequences of recognizing corrupt acts as abuses of civil rights and the application of the consequences of the invalidity of corrupt transactions. Despite the fact that civil legislation does not directly provide for the specifics of the legal consequences of the invalidity of transactions concluded on behalf of public legal entities, nevertheless, these consequences differ. The author supports the introduction of the institute of professional responsibility of officials of public authorities and emphasizes its civil nature. The author gives her own definition of corruption and vis-à-vis acts of corruption. In the author’s opinion, corruption can be not only acts that are an offense in themselves, but also form an abuse of civil rights.

69-74 33
Abstract

When forming institutions of social responsibility of participants in market relations, as well as sustainable corporate governance, the Russian business community, lawyers and legislators could not rely on domestic traditions, experience and concepts, due to their absence. This predetermined the orientation towards Western experience, which was adapted with significant features associated with the weakness of civil society institutions, the lack of incentives for Russian business to demonstrate social responsibility and the transition to sustainable corporate governance. The presence of codes and declarations, the holding of one-time actions, even among large companies, does not indicate a systematic approach to the implementation of social responsibility, and the single inclusion of directors for sustainable development on the staff indicates a transition to a new form of corporate governance. The state, as the author believes, takes a generally passive position, leaving these issues in the sphere of soft regulation. The author offers his own vision of further legal construction of a conceptual model of sustainable corporate governance.

75-79 45
Abstract

The article examines the specifics of the application of public-private partnership and identifies the main current trends in the development of legal regulation of such cooperation between the state and private investors. The authors note that in modern conditions, public-private partnerships are represented not only in the form of public-private or municipal-private partnerships, but also in the form of concession agreements. Noting, in general, the positive role of the activation of public-private partnership at the level of the subjects of the Russian Federation, the authors see a problem in strengthening the role of the state in regional public-private partnership projects, since more and more often concessionaires are companies whose founders are regional authorities; according to the authors, such a trend may lead to the nullification of the idea equal partnership in the field of public-private partnership. The authors also explore the latest legislative innovations in the field of public-private partnership, which are anti-sanctions in nature and aimed at meeting the emerging needs of the market and the economy. Complementing the measures proposed by the legislator, the authors conclude that the expansion of state guarantees for private interests in compensation for unforeseen financial losses and additional expenses, compensation for lost income in projects implemented jointly with the state will have a positive impact on the further development of public-private partnership.

80-86 45
Abstract

The article examines the distinctive essential characteristics of two legal institutions – personal funds and mutual funds. These funds can currently solve a really diverse list of tasks for private owners and businesses. For example, these may be projects in the field of inheritance law, building an ownership structure, external and internal investment projects, projects in the social sphere, measures to return assets belonging to Russian beneficiaries from abroad. The implementation of such projects on the territory of the Russian Federation is of particular importance, since it increases the status of domestic jurisdiction, develops law enforcement and judicial practice in connection with the involvement of professional lawyers necessary to support such projects, allows for a higher level of security of ownership and preservation of property, and also increases tax deductions to the state budget due to the fact that property the assets remain and operate in the country. In order to determine which of the funds is best suited for solving emerging legal relations, it is advisable to know about their differences, which, despite the common name “fund”, these legal categories certainly have.

INTERNATIONAL LAW AND COMPARATIVE LAW

87-94 46
Abstract

The relevance of the topic of the article is related to the fact that at present the issues of private law regulation of labor relations with the participation of a foreign element in international law determine the content of migration policy, lie in the field of interaction of private and public interests, which determines the complexity of this area of legal activity. This work was based on the methodological premises of the system-structural approach, according to which any system (including the legal system) can be “decomposed” into separate elements that are in dialectical relationship with each other. Accordingly, in the process of research, the methods of analyzing the structure of modern international labor law, its decomposition and determining the essential characteristics of the selected elements were used. At present, the system of international law regulating labor relations is a structural legal institution, which consists of two interrelated elements regulating private law relations in a systemic relationship with a public law element that ensures the functioning of the mechanism for ensuring private interests in the system of labor relations. Accordingly, taking into account this theoretical position, the author has identified “international private labor law” and “international labor law”, which together form a mechanism for regulating labor in the international space of legal relations. The allocation of “international private labor law” as a separate legal area is advisable given the need to develop a system of normative and legal regulation of labor migration processes, as well as in connection with the need to limit public-legal influence, which is acquiring political overtones in our time. Given that the contractual nature of “international labor law” ensures the functioning of the mechanism of “international private labor law”. Conclusions. It would be a mistake, recognizing the existence of conceptual discrepancies between public and private international labor law, to consider them in the categories of “confrontation”. On the contrary, at the current stage of development of international law, it is advisable to emphasize their convergence on a new institutional and legal basis, which implies ensuring the interests of all countries participating in the processes of international cooperation in the field of labor activity.

95-104 59
Abstract

The article outlines the modern understanding of energy law in the Russian Federation and a number of foreign countries, as well as reveals the main directions of energy law: increasing the strategic importance of energy resources and modern technologies in the energy sector and the corresponding strengthening of strategizing and fixing priorities in regulatory legal acts and policy documents; convergence of approaches within the framework of energy law regulation, taking into account the interaction of countries in effective integration formats; regulation of energy relations taking into account the low-carbon trend in the global energy sector; development of regulation of relations on the use of renewable energy sources; creation of legal conditions for the development of hydrogen energy; convergence of approaches within the framework of regulation of energy law and environmental law, taking into account the growing anthropogenic impact of energy on the environment. Noting the significant pace of development of energy law at the present time, the author believes that the development of the energy sector will continue at a very rapid pace, which will affect the development of appropriate legal and organizational mechanisms. The author provides suggestions on important tasks for further improvement of legal mechanisms in these areas.

105-111 52
Abstract

The World Trade Organization (WTO) is a unique global international association within which countries can develop rules for international trade and resolve trade disputes on the basis of reciprocity and non-discrimination. The formation of the international trading platform, its legal and institutional framework was carried out from 1986 to 1994. Within the framework of the negotiation process, which began to be called the Uruguay Round at the place of its passage. Despite the positive goals of its creation proclaimed in the Preamble of the Marrakesh Agreement on the Establishment of the WTO – improving living standards, ensuring full employment, increasing real incomes, expanding production and trade with optimal use of world resources – currently the entire international trade system, in general, and the WTO, in particular, are experiencing significant the crisis. In the framework of this study, we will talk about the causes of the current WTO crisis, as well as possible scenarios for overcoming the current crisis.

112-127 47
Abstract

The article describes the methods of legal regulation of the construction and operation of light rail transport systems in foreign countries – the USA, Germany, Italy, Japan and Kazakhstan. The results of the study of modern standards governing mainline urban rail electric transport can be useful for improving and improving similar standards in the Russian Federation. The features of approaches to the legal consolidation and classification of types of light rail transport are defined and summarized. Logical, comparative, empirical, analytical, historical-legal, descriptive and other methods were used as the main methods of cognition during the research. The scientific novelty of the study includes the following conclusions: firstly, despite the commonality of technical solutions and approaches to the operation of light rail transport systems, their legal regulation is unique and individual for each individual country; secondly, most acts contain technical solutions recommended or required in a particular industry; thirdly, in all studied countries, legislation allows for the emergence of new forms of public transport, if there is currently no regulation of a new type of transport, then the laws fix the application to it of the most general formulations of transport laws in general, or laws on any particular type of transport.

DIGITAL LAW AND INTELLECTUAL PROPERTY LAW

128--133 53
Abstract

The digital age has created the need for changes in society, as developed modern states strive to ensure digital sovereignty on their territory. The article attempts to define the concept of digital sovereignty and notes its importance for the modern state. In this regard, Russia’s policy aimed at ensuring the digital sovereignty of the state in various directions is considered. The prospects for the development of the transformation of law in the digital age and the activities of the state in the relevant areas are analysed. Logical, comparative, empirical, descriptive and others were used as the main methods of cognition during the research. The study revealed that today Russia's digital sovereignty is also confirmed by the availability of domestic resources. We are talking about the transition of Russian Internet users from Western online sites to domestic ones, therefore, the article suggests the option of creating a new online platform in the field of jurisprudence. Since the very concept of a digital state is associated with concepts such as digital sovereignty and the digital legal environment, it seems necessary to “nurture” not only IT specialists, but also lawyers with appropriate qualifications. Thus, the proposed social network may be relevant for current lawyers and practitioners. The scientific novelty of the study was also formed by the conclusions, according to which the main vectors of the development of digital sovereignty in Russia are outlined, including the proposal to adopt the Federal Law “On Digital Sovereignty of the Russian Federation” with a brief justification.

134-143 49
Abstract

In modern conditions of a new round of development of practice-oriented dualistic approaches to the implementation of the macro-conceptual foundations of globalization–deglobalization process in the multipolar world that has been forming since February 2022, accompanied by digitalization or digitalization and the formation of an innovative format of the environment of the economy of free access and the Internet of Things, proceeding against the background of informatization of almost all spheres of socio-economic activity. For more than five years, the simultaneous formation of another legal institution, called “Digital Twins” and, at the same time, “Digital People”, has been gradually taking place. In this regard, the authors have attempted to form an innovative scientific approach to the fundamental issues of defining digital twins as objects of related rights, based on an analysis of the national legislation of the Russian Federation, taking into account practical experience in this field, formed in Russia, as well as economically developed countries of the world, based primarily on the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, the Civil Code of the Russian Federation, other federal laws and other normative legal acts of our country. To achieve this goal, the author set the following main tasks: 1) to analyze the main provisions aimed at the legal provision of digital rights and digital twins as objects of civil rights; 2) to determine the features of digital twins as objects of related rights. In the course of the research, the dialectical method, the method of analogy of law, analysis and synthesis, induction and deduction methods, comparative method, sociological method, statistical method, and other general scientific methods were used.

144-149 54
Abstract

In the era of global informatization and the rapid advancement of technology, the medical field is experiencing profound transformations. A pivotal component of today's healthcare system is telemedicine, which is still a relatively new concept in the Russian medical and legal landscape. This article offers a concise theoretical and legal examination of telemedicine as part of digital health care. It evaluates the officially recognized definition of telemedicine technologies and explores the fundamental principles guiding telemedicine services in Russia, including their integration into the e-health framework. The discussion also addresses legislative issues related to telemedicine consultations, such as the feasibility of making initial diagnoses during virtual consultations and the safeguarding of personal data on telemedicine platforms. The author examines the current state of telemedicine regulation in Russia, scrutinizes the existing legal framework for telemedicine services, and proposes solutions to overcome legislative obstacles to enhance legal oversight in this area of digital health.

150-159 42
Abstract

The subject of the research in the article is the terminology of intellectual property law, which is significant both for lawyers and for other participants in civil relations, primarily authors and other copyright holders. Based on the norms of the Civil Code of the Russian Federation, the key concepts on the basis of which the terminology of intellectual property law is formed are highlighted. The classification of the main terms in intellectual property law is presented, taking into account two criteria: elements of civil law relations in the field under consideration and procedures for its implementation. The results of the structural and semantic analysis of the main terms in intellectual property law are presented. The conclusion is made about the embodiment of several concepts quite often in one term, which indicates the presence of intra-system connections in the considered sub-branch of civil law.

160-164 37
Abstract

The article is devoted to issues related to the creation of complex objects of copyright, including several protected results of intellectual activity. The legal aspect of the creation of complex objects is associated with the need to exclude the risks of violating the exclusive rights of third parties to the results of intellectual activity used in the complex object, which, despite the current level of development of information technology, communication tools and popularization of artificial intelligence, is a non-trivial task. The purpose of this work is to study the Russian law enforcement practice related to the resolution of disputes on the creation and use of complex objects. The objectives of this work are: 1) a description of approaches related to determining the criteria for complex objects; 2) a study of ways to protect exclusive rights to works used in complex objects; 3) a summary of approaches to issues of determining the terms of use of the results of intellectual activity in complex objects by the parties to a license agreement. It is concluded that judicial practice on the application of the norm of paragraph 2 of Art. 1240 of the Civil Code of the Russian Federation on the invalidity of the terms of a license agreement that restrict the use of the result of intellectual activity as part of a complex object, allows the parties to the license agreement to provide for the terms of use of the original work as part of a complex object, which is primarily aimed at protecting the rights and legitimate interests of the copyright holder of the licensed original work.

165-174 48
Abstract

The subject of this article is the phenomenon of machine-readable law in the context of its potential application as a tool for digital transformation of public administration. In this paper the author uses general-scientific dialectical method of cognition, system analysis method, and also private-scientific methods, such as historical-legal, comparative-legal. The scientific novelty of the work is that the study focuses on the perspectives and conceptual problems of machine-readable law in the logic of the main trends of transformation of the system of functioning of public authorities, and also on its potential to increase the efficiency and transparency of law enforcement processes, the author notes the priority role of machine-readable right in integrating other promising technological solutions, such as artificial intelligence, into public   administration,   big   data, machine   decision-making. The conclusions of the work emphasize the importance of machine-readable right for modernizing management, solving problems related to the introduction of digital technologies and ensuring the information sovereignty of the state. However, the author highlights the central problem of integrating machine-readable law technologies in public administration, which is understood as the problem of translating legal texts into a machine-readable format. Achieving the necessary and sufficient level of conformity of the software language with the legal language, which requires further methodological and technological solutions.

ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС

175-180 45
Abstract

The subject of the study in this article is the procedure for cassation appeal of court orders in the arbitration process. The authors raise the problems faced by courts and business participants when applying to the courts of cassation in the light of the transition to electronic justice. A critical analysis of the norms of the Agro-industrial Complex of the Russian Federation regulating the procedure for cassation proceedings on the appeal of court orders allowed the authors to identify a number of existing shortcomings and propose measures to accelerate the type of proceedings under consideration. Using the example of judicial practice materials, the authors demonstrated that courts often interpret the same provisions of the arbitration procedural law in different ways. The authors offer their own vision of solving the problems associated with the cassation appeal of court orders that have entered into force in the arbitration process, while paying attention not only to ensuring the interests of the recoverer, the debtor, but also persons who did not participate in the writ proceedings in the court of first instance, but whose rights and obligations the court order was issued.

181-188 49
Abstract

The article describes the methods of legal regulation of the construction and operation of light rail transport systems in foreign countries the USA, Germany, Italy, Japan and Kazakhstan. The results of the study of modern standards governing mainline urban rail electric transport can be useful for improving and improving similar standards in the Russian Federation. The features of approaches to the legal consolidation and classification of types of light rail transport are defined and summarized. Logical, comparative, empirical, analytical, historical-legal, descriptive and other methods were used as the main methods of cognition during the research. The scientific novelty of the study was the following conclusions: firstly, despite the commonality of technical solutions and approaches to the operation of light rail transport systems, their legal regulation is unique and individual for each individual country; secondly, most acts contain technical solutions recommended or required in a particular industry; thirdly, in all In the studied countries, legislation allows for the emergence of new forms of public transport, if there is currently no regulation of a new type of transport, then the laws fix the application to it of the most general formulations of transport laws in general, or laws on any particular type of transport.



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ISSN 2411-118X (Print)