Release: 2022-2.1 (33)

2022-2.1 (33)
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Content:

THE PRINCIPLE OF RESPECT FOR THE HONOR AND DIGNITY OF THE INDIVIDUAL IN CONJUNCTION WITH OTHER PRINCIPLES IN CRIMINAL PROCEEDINGS

Page:5-10

DOI: 10.21777/2587-9472-2022-2.1-5-10

Annotation: The article presents the legal regulation of the requirement of respect for the honor and dignity of the individual in the criminal process of the Russian Federation. The consequences of violation of the principle of respect for the honor and dignity of the individual in criminal proceedings are considered. The problem of human rights protection for the current legislation is revealed. The subject of the study is the legal norms regulating the principle of respect for the honor and dignity of the individual. The purpose of the work, which was the identification of the features of the consequences of violating the principle of respect for the honor and dignity of the individual in criminal proceedings, was achieved through the general scientific methods used in the work (dialectical method, methods of analysis, synthesis, induction, deduction) and private scientific methods (legal analysis, comparative legal method). The conclusions formulated in the paper show the need for further improvement of legislation in the field of regulating the requirements of respect for the honor and dignity of the individual in the criminal procedure of the Russian Federation. The result of the work shows the importance of respect for the honor and dignity of the individual in the criminal procedure of the Russian Federation.

LEGAL REGULATION AND PROBLEMS OF PROVIDING STATE AND MUNICIPAL SERVICES TO CITIZENS (ON THE EXAMPLE OF BUDGETARY LEGAL RELATIONS)

Page:11-15

DOI: 10.21777/2587-9472-2022-2.1-11-15

Annotation: The subject of the research in this article is the consideration of issues of providing state and municipal services to citizens. The purpose of the work is to study the legal regulation and problems of providing state and municipal services to citizens. The following methods were used during the research: methods of observation, description and comparison. General scientific and special methods made it possible to build a system of arguments on the basis of which the author came to scientifically based conclusions. The results of the work are presented in the conclusion. The scope of the results: administrative and municipal law, provision of state and municipal services to citizens. The following conclusions were made as a result of the research: an individual (citizen) is proposed to be understood as a citizen who has civil legal capacity, the content of which implies, among other things, the right to engage in entrepreneurial) and any other activity not prohibited by law, which leads to the fact that an individual can produce goods, perform work and provide services and receive funds from the budget for this. In our opinion, it is obvious that the transformation of the budgetary and legal status of individuals occurs when they enter into budgetary legal relations in the cases and under the conditions provided for by the budget legislation of the Russian Federation.

EVOLUTION OF SELF-REGULATION INSTITUTION IN RUSSIA

Page:16-22

DOI: 10.21777/2587-9472-2022-2.1-16-22

Annotation: An active development of regulation of economic and legal features of many industry activities occurs at the present, and the activities of self-regulatory organizations are becoming increasingly important. In modern conditions it is not the state that is responsible for the poor-quality work of most firms but self-regulatory organizations endowed with some control and supervisory functions. In this regard study of forming and development of self-regulating organizations in Russia has particular value in rapidly changing market conditions since it allows us to identify the prerequisites for the forming of self-regulation institution, its origin, specificities of action at present as well as to predict its further development. The article discusses the main milestones of the origin and development of self-regulating organizations institution in Russia from ancient times to the present, the main stages of its legal consolidation and regulation. The research uses general scientific, formal and logical methods of cognition. The author comes to the conclusion that analyzed institution has a centuries-old history; the main stages of its genesis are determined by the socio-political conditions of the development of the state.

PREVENTION OF CORRUPT BEHAVIOR OF STATE CIVIL SERVANTS

Page:23-28

DOI: 10.21777/2587-9472-2022-2.1-23-28

Annotation: The problem of corruption, especially in our country, is one of the most widespread and discussed in public circles. The origins of its formation originate from the time of the formation of the Old Russian state and the operation of the institute of “feedings”. The article discusses the conditions and grounds for preventing the manifestation of corrupt behavior by civil servants, which may affect the quality and objectivity of their managerial decisions and the performance of official duties. Such concepts as personal interest and conflict of interests are considered separately, which directly affect the state of corruption in the behavior of civil servants. The article also highlights the problems of implementing measures to prevent corrupt behavior of state civil servants and develops measures to resolve them. This will allow us both to solve the problems of the manifestation of the action of corruption-causing factors in the activities of public civil servants, and to increase the effectiveness of the fight against manifestations of corruption offenses in official activities.

CONSUMER PROTECTION AND SOME ASPECTS OF ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF ADVERTISING

Page:29-33

DOI: 10.21777/2587-9472-2022-2.1-29-33

Annotation: Advertising is an integral part of modernity. The article describes the problematic issues of legal regulation of consumer protection in the field of advertising, as well as administrative responsibility in the proposed area. The problems of advertising alcoholic and non-alcoholic products have been studied, including those, which arise when the advertising is made by bloggers. Various positions of lawyers are presented and analyzed. The problem of illegal inaction of public authorities is highlighted. In this regard, an analysis of the powers of public authorities in the field of advertising is given. In addition, the emphasis is on studying the “insignificance” of an offense in the field of advertising. The circumstances of insignificance are highlighted, the opinions of scientists are given, and judicial practice in the proposed area is also investigated. The issue of the possibility of sending advertising by electronic means is considered. Based on the analysis, the relevant conclusions were made and prospects for the development of the above-mentioned legal relations were proposed. The main proposals include: increasing the fine for bloggers; reduction in the level of advertising of non-alcoholic products and others. It also highlights the need to pay attention to combating corruption in the field of advertising circulation.

FIGHT AGAINST CORRUPTION IN THE PUBLIC SERVICE SYSTEM OF THE RUSSIAN FEDERATION

Page:34-38

DOI: 10.21777/2587-9472-2022-2.1-34-38

Annotation: The article is devoted to the fight against corruption in the public service system of the Russian Federation. The purpose of the work is to analyze the problems of combating corruption in the public service system of the Russian Federation and propose ways to solve them. Research methods include analysis, synthesis, formal and legal methods. The results of the work consist in the fact that the author formulated the moral principles that employees should be guided by in their activities in order to prevent corruption, and also suggested ways to improve the current legislation. The scope of the results application is legal relations in the field of combating corruption in the public service system of the Russian Federation. Despite a fairly extensive range of regulatory legal acts in the public civil service system, they contain a number of gaps and contradictions that need to be worked out. In order to solve the problem of corruption, the use of mechanisms for the prevention of corruption manifestations is effective. In addition, the adjustment of legislative provisions is required. The administrative and criminal legislation should define the composition of corruption administrative offenses and crimes, and criminal liability should be associated with the repeated commission of a similar offense.

LEGAL ASPECTS OF ARTIFICIAL INTELLIGENCE

Page:39-43

DOI: 10.21777/2587-9472-2022-2.1-39-43

Annotation: The article is devoted to consideration features of artificial intelligence, its place in modern scientific sphere, resolution of disputes about the prospects and risks of its wider application. The rapid development of artificial intelligence has led to the urgent need to expand the boundaries of legal regulation and identify ways to resolve copyright issues for works created by artificial intelligence. In this regard, it is relevant to explore the definition of artificial intelligence, as well as the legal risks of its use and ways to overcome them. Today Russia has significant competitive advantages in the field of digital technologies and the legal dissemination of artificial intelligence, including due to the strong natural science school of the country, the availability of basic physical and mathematical education and competencies in the field of programming. The task of the domestic jurisprudence is to promote timely regulatory support, proper and legal registration of AI-technologies. The practical significance of the research lies in the search for optimal legal regulation of artificial intelligence, which will facilitate the unhindered introduction of the latest technologies capable of performing legally significant actions independent of a human.

MONITORING AS A NECESSARY PART OF THE BANKRUPTCY PROCEDURE AND THE INCOMPLETENESS OF THE RESTRUCTURING PROCEDURE OF SMALL AND MEDIUM-SIZED BUSINESSES

Page:44-50

DOI: 10.21777/2587-9472-2022-2.1-44-50

Annotation: The experience of Russia shows that those enterprises that have entered the bankruptcy procedure, as a rule, cease their activities. At the same time, it should be noted that various methods exist abroad and are more actively used to prevent a company from being brought to bankruptcy. For example, in Western Europe, about 75 % of “problem” enterprises restore their solvency before the start of the litigation process. In the event that bankruptcy is inevitable, this procedure considered as a judicial way of restructuring the business of debtor organizations. The article shows that the choice of a system of entry into the bankruptcy procedure, different from the national models used, through the monitoring procedure is justified and has as a basis not only a formal legal aspect, which the Constitutional Court of the Russian Federation pointed out in its ruling, but also a deep economic sense based on the political economy of K. Marx, on principles of capital forming and its turnover. The methodological basis was formed by formal-legal, comparative-legal methods. The article proposes one of the possible ways to restore the activities of a limited category of enterprises belonging to small and medium-sized businesses.

ON THE WAY TO REDUCE THE BURDEN ON THE LEGISLATIVE BODY OF RUSSIA

Page:51-56

DOI: 10.21777/2587-9472-2022-2.1-51-56

Annotation: The study object of this article is the burden on the legislature of Russia, and the subject of research is to find the way to reduce it. The purpose of the work is to consider the statutory instruments of corporate bodies as the source of law, in order to cope with the burden on the legislature of Russia. The following basic methods were applied in order to achieve this goal: statistical analysis and comparative law analysis. The statistics from official government resources have been used for the analysis, the opinions of various scientists on specific problems and related issues have been studied. The result of the research shows that there is a tendency to constantly increase the amount laws and a constant novelization of legislation also exists. Furthermore, in the course of the study, a negative reaction of society to the phenomena mentioned above has been revealed. Recognition of statutory documents of legal entities as normative legal can be considered as a way to solve the problem. The proposed method will in theory give a number of positive consequences, such as the promotion of the trend of self-regulation of organizations. As a consequence it will give a more trusting relationship between legal entities and legislative and judicial authorities. As a result of the research, it can be considered that the proposed idea deserves more detailed consideration and further development.

DIGITALIZATION AS A NEW CONDUIT BETWEEN THE PERSONS INVOLVED IN THE CASE (ON THE EXPERIENCE OF AUSTRALIA AND CHINA)

Page:57-62

DOI: 10.21777/2587-9472-2022-2.1-57-62

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of interaction with litigants, was actively developing in the conditions of the pandemic. The article reveals some problems of the functioning of the judicial systems of the studied countries in order to highlight the advantages and disadvantages of this experience. The task of the study is a brief review of the experience of civil proceedings in the context of a pandemic on the example of Australia and China, consideration of certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technology. Methodological basis is the formal legal method, comparative legal method, as well as general scientific methods of cognition. The analysis of foreign experience of working in a crisis situation allows us to formulate ideas for the future, highlighted by the conditions of the pandemic and requiring public discussion. It is significant that a number of mechanisms of the two independent systems proposed for implementation have common fundamental features: the transition to the active use of videoconferencing, including with parties located abroad, the availability of mechanisms for suspending procedural deadlines during the pandemic.