Release: 2023-2 (38)
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Content:
DOI: 10.21777/2587-9472-2023-2-5-11
Keywords: culture, cultural heritage, politics, representative institutions, Russia
Annotation: The article examines the causal relationships of the impact of culture as a phenomenon and system on the emergence and evolution of new institutions in the political sphere of public relations. The author studies the cultural phenomenon, the laws by which it is created by society, acquires certain independent properties, adapts to a particular historical moment of time and space. The basis for case-crossover analysis of cultural changes that took place in Russia at a certain stage of development is the period of the late 19th and early 20th century, the experience of the Ryazan governorate in creating new political traditions and the forming of people’s representation in the State Duma of Russia. The author gives an assessment of the transactional impact of the accumulated experience of political phenomena of the initial stage of the development of forms of democracy on the present state and the implementation of this principle in the Russian state. Conclusions are formulated about the role of cultural heritage in the effective functioning of existing social institutions and governance mechanisms of the state.
THE PLACE OF LEGAL EDUCATION IN CIVILIZATIONAL CULTURE
DOI: 10.21777/2587-9472-2023-2-12-18
Keywords: legal education, law, culture, civilization, spiritual and moral values, tradition
Annotation: The purpose of the study is to assess the place of legal education in the civilizational culture of our time, to determine the role of cultural and historical types in legal education. It is based on the consideration of culture as a set of values, customs and traditions of society, a body of knowledge acquired overtime, without which a particular set of people cannot be reproduced and exist. The importance of the theocentric construction of culture is argued. Legal education reflects and consolidates the features of the civilizational culture of the people, aims to lay in lawyers and in society as a whole an understanding of jurisprudence as a set of legal principles, rules and norms of proper behavior, consideration of the state as a political and legal form of self-organization of society. Education is considered as an indicator of civilizational culture, the defects of which adversely affect all aspects of society, capable of deforming the culture itself. Ensuring the continuity of the political and legal ideals of each nation, it contributes to the preservation of the cultural identity of peoples, their archetypes, reflects and protects the diversity of the civilizational development of mankind.
GENETIC WEAPONS: POSSIBILITY AND REALITY
DOI: 10.21777/2587-9472-2023-2-19-23
Keywords: genetic (gene) weapons, weapons of mass destruction, ethnic weapons, bioterrorism
Annotation: International norms contain a ban on the development, production and use of various types of weapons of mass destruction. The intensive development of new technologies suggests the possibility of creating super-new types of weapons, such as bacteriological and genetic weapons as its variety. The purpose of the study is to determine the relevance of fixing a ban on the development, production, use and storage of genetic weapons by separate legal norms (international, regional, national). The authors studied the possibilities of modern genomic research (the experience of the Russian Federation and the United States in this area were considered separately), analyzed the potential use of bacteriological weapons, characterizes bioterrorism, and determines ways to combat this crime using the funds of international organizations. During the study formal-legal, comparative-legal research methods were used. On the basis of scientific analysis the conclusion has been made that there are threats to the development, production and use of genetic (ethnic) weapons, since they are of a closed nature, but at the present time there is no possibility of creating this type of weapon. It has been summarized that the inexpediency of adopting separate legal norms prohibiting the development, production, use and storage of genetic weapons.
ON THE ISSUE OF ASSESSING THE CIRCUMSTANCES IN CASES OF NEWLY DISCOVERED CIRCUMSTANCES
DOI: 10.21777/2587-9472-2023-2-24-29
Keywords: evaluation of evidence, judge’s responsibility, internal conviction, decision-making algorithm
Annotation: The work is devoted to the problem of erroneous assessment by judges during the consideration of civil cases due to newly discovered circumstances. In the process of litigation, situations often arise when new circumstances appear in the course of the case, which may have a significant impact on the outcome of the claim or court decision. The issue of assessing such newly discovered circumstances is one of the key aspects of legal practice. The inclusion in the case of materials that reveal previously implicit circumstances of the case is often not regulated by the judicial procedure and completely depends on the so-called “internal conviction” of the judge. The purpose of this study is to justify the introduction of a decision-making algorithm into the procedure of civil proceedings in order to reduce the number of unjust decisions in courts of general jurisdiction. Within the framework of this approach, it is proposed to adopt at the legislative level a state program for the implementation of standards of legal proceedings and law enforcement in order to exclude the “inner conviction” factor of a judge in the process of making judicial decisions, which is, in essence, random.
PROBLEMS AND PROSPECTS OF IMPLEMENTATION OF DIGITALIZATION IN MODERN CIVIL LAW
DOI: 10.21777/2587-9472-2023-2-30-35
Keywords: digitalization, digital technologies, artificial intelligence, jurisprudence, civil law
Annotation: The article is devoted to relevant issues of the implementation of digital technologies in the field of jurisprudence. The modern movement of society towards digitalization involves an increasing number of social relations into its orbit – from science and education to economics and law. The development of digital technologies affects both the field of private and public law, which requires a serious analysis of the key factors of the introduction of digital technologies in the field of civil law. The purpose of this article is: to identify the legal understanding of the concept of digital technologies in general, and artificial intelligence in particular; to analyze the advantages and risks of using digital technologies in civil law; to make proposals for improving the implementation of digital technologies in the field of jurisprudence. The authors conclude that there is a need for legislative regulation of the use of digital technologies in public systems and propose the introduction of experimental legal regimes, which can become the tools that in the future can show their effectiveness in solving the problem of innovative and safe implementation of digital technologies in civil law.
THE INSTITUTION OF MEDIATION AS A STABILIZER OF PUBLIC RELATIONS
DOI: 10.21777/2587-9472-2023-2-36-42
Keywords: mediation procedure, alternative dispute resolution, mediator, trial, mediation activity
Annotation: The article analyzes the institution of the mediation procedure in the Russian Federation, as well as in foreign countries, identifies its positive and negative aspects, as well as the problems of legal regulation of the named institution, both in the organizational and procedural context. Despite the long and ornate path of development of this dispute resolution mechanism autonomous from the state, its unpopularity is primarily due to more attractive conditions for litigants to apply to classical institutions for the protection of violated rights. At the same time the state is interested in the development of non-state forms of conflict resolution, in particular in mediation, including due to their low implementation cost for the state, compared to the judicial system, but this criterion should not affect the quality of the final “product”, which also seems to be a certain problem for the successful use of mediation in Russia. In the course of the study relevant conclusions are substituted and further improvement of the institution of mediation is proposed.
PROHIBITION OF CERTAIN ACTIONS AS A PREVENTIVE MEASURE
DOI: 10.21777/2587-9472-2023-2-43-48
Keywords: preventive measure, house arrest, prohibition of certain actions, criminal procedural law
Annotation: The article is devoted to the consideration of the essence and legal nature of the legislative novelty of Russian law – the prohibition of certain actions. The author of the article refers to related categories and other preventive measures implemented in criminal practice. In addition the article contains an analysis of the problematic aspects of the application of the considered preventive measure. Among the problems identified are the problem of monitoring the fulfillment of the conditions of the ban, the expediency of a ban on the use of the Internet information and telecommunications network, duplication of the rules governing house arrest and a ban on leaving the place of residence, and so on. An assessment is given of the correlation of this preventive measure with the constitutional principle of proportionality of the restriction of the rights and freedom of a person and a citizen. Nevertheless, despite the shortcomings identified, the emergence in the domestic criminal procedure law of such a measure of restraint as “prohibition of certain actions” is considered by the author as a natural step towards the humanization of criminal procedure legislation and increasing the efficiency of legal proceedings.
SOME PROBLEMS ASSOCIATED WITH JURY PROCEEDINGS AND THEIR PROSPECTIVE SOLUTIONS
DOI: 10.21777/2587-9472-2023-2-49-53
Keywords: jurors, jurisdiction, criminal proceedings in court with the participation of jurors
Annotation: Over the past 10 years, the institution of jurors in Russia has undergone significant changes. According to the Judicial Department at the Supreme Court of the Russian Federation, in 2022 courts of general jurisdiction with the participation of jurors considered 1096 criminal cases. The article highlights the problems of proceedings in court with the participation of jurors and also explores possible ways to solve these problems by amending the criminal procedure legislation. The purpose of the study is to highlight the problems of a theoretical, organizational, legal and law enforcement nature related to the production of a criminal case in court with the participation of jurors, to suggest promising ways to solve these problems. The methodological basis of the study was the formal legal method, comparative legal method, as well as general scientific methods of cognition.