Release: 2021-2 (28)

2021-2 (28)
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Content:

THE RIGHT TO STAND FOR THE POSITION OF A PUBLIC OFFICIAL IN THE CONDITIONS OF DIGITALIZATION

Page:5-11

DOI: 10.21777/2587-9472-2021-2-5-11

Annotation: The article describes the legal risks of digitalization of the work of public officials, identifies the types of public service subject to digitalization, gives the concept of civil service, investigates the introduction of digital technologies into the procedure for candidates appointments. The author concludes that it is necessary to improve legislation based solely on the specifics of professional official activities and the status of public officials engaged in official activities. It is concluded that digitalization transforms decision-making processes, the introduction of “digital government” technology, the provision of civil services through Internet platforms and the digitalization of lawmaking.

WHAT IS THE PRINCIPLE OF CONSTITUTIONALISM IN RUSSIA?

Page:12-16

DOI: 10.21777/2587-9472-2021-2-12-16

Annotation: One of the important resources for the sustainability of all political regimes is legitimacy. According to the general theory of legitimacy, the reasons and conditions for placing trust in the society of the dominant political class for finding it in power are explained, using the available symbolic, moral and legal tools to guarantee self-legitimation. If we talk about modern states governed by the rule of law, then the basis of legitimacy is usually associated with the national supreme law – the constitution, that is, its fundamental values, principles and norms, just like the approval of them by society regarding their application by state institutions and officials. Each significant revision of the main state at the same time means both a challenge to the previously established legitimacy and an attempt to “make a new constructor”. The nationwide vote on amendments to the Constitution, held from June 25 to July 1, 2020, revealed that the public’s credit of the current concept of public administration and personally to the head of state during the previous presidential elections has been proven.

FEATURES OF THE IMPLEMENTATION OF THE STATE’S DEFENSE FUNCTION IN THE USSR AND THE RUSSIAN FEDERATION: HISTORICAL ASPECT AND CURRENT STATE

Page:17-23

DOI: 10.21777/2587-9472-2021-2-17-23

Annotation: This article is devoted to the analysis of the function of state defense against external aggression at the present stage of state and legal development, the views of legal scholars on the content of this external function of the state and the form of its implementation, the reflection of the function of state defense in the Constitution of the Russian Federation and the current military doctrine of the Russian Federation. The article also describes the features of the structure of the military-industrial complex of the USSR, in particular, during the Great Patriotic War, and modern Russia, suggests possible ways to improve the effectiveness of the implementation of the external function of the state.

THE ROLE AND SIGNIFICANCE OF NOTES AND EXPLANATIONS TO THE UNIFIED COMMODITY NOMENCLATURE OF FOREIGN ECONOMIC ACTIVITY OF THE EURASIAN ECONOMIC UNION

Page:24-29

DOI: 10.21777/2587-9472-2021-2-24-29

Annotation: The article describes some aspects of the process of classifying goods for customs purposes, which do not lose their relevance due to the relationship between the classification code and the size of the customs duty rate. The author indicates the most common problems that arise in the process of determining the classification code. The purpose and principle of using the texts of Notes and Explanations to the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union are illustrated with specific examples as explanatory publications. Judicial practice on the use of these auxiliary tools and the accounting of decisions of the Eurasian Economic Commission is also analyzed. Classification disputes, along with disputes over the determination of the customs value of goods, are the most widespread in customs practice, therefore, the correct approach to the classification process will help to avoid disputes, as well as time and financial costs in the implementation of foreign trade activities. In this regard, the author provides several practical recommendations on the classification of goods that should be taken into account by participants in foreign economic activity before the declaration.

INFORMATION AND EDUCATIONAL ENVIRONMENT IN THE TRAINING OF LAWYERS

Page:30-34

DOI: 10.21777/2587-9472-2021-2-30-34

Annotation: The article discusses issues related to the introduction of information and educational technologies into the educational process of higher education. It is noted that new digital technologies create an information and educational environment that firmly occupies its rightful place in the higher education system of the Russian Federation. The characteristic of the concept of “information and educational environment” is given, the possibilities of this tool in the educational process of the university are analyzed. The advantages of using e-learning in the educational activities of the university are highlighted. The concept of “information and educational resources” and their role in the formation of the information and educational environment of the university is revealed. The variants of effective use of the information and educational environment for the educational process of the university are proposed. The author infers about the effectiveness of the electronic educational environment, which is able to cover not only the main educational process of the university, but allows you to create a modern digital university.

THE USE OF ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGY DURING THE INVESTIGATION OF CRIMINAL CASES

Page:35-40

DOI: 10.21777/2587-9472-2021-2-35-40

Annotation: The article analyzes the area of information technologies and artificial intelligence use, which can be implemented during the crimes, methods of investigating a criminal case, tactics of conducting investigative actions, as well as when securing evidence in the framework of a criminal investigation. This research area is promising, since with proper and procedurally competent use of them, it is possible to increase the level of disclosure significantly and, therefore, speed up and improve the quality of the investigation of criminal cases, which will certainly guarantee compliance with the legitimate rights and freedoms of participants in criminal proceedings.

REFUSAL TO INSTITUTE A CRIMINAL PROCEEDING AS AN INSTITUTE OF CRIMINAL PROCEDURE

Page:41-45

DOI: 10.21777/2587-9472-2021-2-41-45

Annotation: The article describes the concept and meaning of refusal to institute a criminal proceeding as an independent institution of criminal procedural law. The institution of refusal to institute a criminal proceeding is not possible without the initial stage of the criminal process, which is, directly, the initiation of a case. The tactics of criminal procedure in Russian legislation are provided by the Criminal Procedure Code of the Russian Federation. During the procedure for initiating a criminal case, law enforcement officials carry out actions aimed at verifying information received regarding a particular crime. Basing on the above examples and analysis, the author made a conclusion about the significance of the stage of initiating a criminal case and the negative consequences in cases of refusal from the institution of refusal to institute a criminal proceeding. Also the implementation of a preliminary investigation of all registered allegations can create an unjustified waste of manpower and resources, primarily the bodies of inquiry and preliminary investigation bodies.

COMPARATIVISTICS OF THE DIGITALIZATION OF CIVIL PROCEEDINGS IN THE RUSSIAN FEDERATION, THE UNITED STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY

Page:46-52

DOI: 10.21777/2587-9472-2021-2-46-52

Annotation: The article defines the current state of digitalization of civil proceedings in the Russian Federation, the United States of America and the Federal Republic of Germany and conducts a comparative analysis of this legal phenomenon based on the specifics of the respective national legal orders. On the basis of the norms of the current legislation of states, materials of scientific discussion and practical examples, the author comes to the conclusion that the phenomenon under study is at the stage of formation in all states. There is a trend towards the unification of procedural forms, accompanied by the formalization of procedures in Russia and Germany.