Release: 2023-3 (39)
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DOI: 10.21777/2587-9472-2023-3-5-10
Keywords: artificial intelligence, digital transformation, jurisprudence, legal regulation
Annotation: The article is devoted to topical issues of application of artificial intelligence technologies in the field of jurisprudence. In the modern world the technologies underlying artificial intelligence are beginning to play an increasingly prominent role in the process of digital transformation that is developing today in all areas of human life, including the field of law. The development and use of artificial intelligence technologies affects both the area of private and public law. It is extremely important to timely identify and legally resolve the possible risks and threats of the use of artificial intelligence technology, to prevent adverse consequences for an indefinite circle of persons in case of their unauthorized use. The purpose of the article is to identify areas of legal regulation of artificial intelligence in the field of jurisprudence, analyze gaps in the field of current legislation, as well as make proposals for optimizing the legal framework for the use of artificial intelligence. The article concludes about the natural development of the social process towards the use of artificial intelligence, due to the digital transformation of all socio-economic systems of society, reveals the risks of possible adverse consequences as a result of the uncontrolled use of artificial intelligence technologies, notes the need for legislative development of the use of artificial intelligence in the field of jurisprudence.
ON THE RIGHT OF PEOPLES TO PEACE IN THE CONTEXT OF THE CRISIS OF INTERNATIONAL LAW. Article one
DOI: 10.21777/2587-9472-2023-3-11-16
Keywords: state, international law, traditional values, traditionalism, justice, Russia, West
Annotation: When analyzing the right of peoples to peace, the issues of continuity of ideas and principles of Roman public law, the reflection of this continuity in the processes of transformation of international law are considered. The significance of such threats to the right of peoples to peace as the paralysis of the usual international legal forms, the planetary scale of the struggle of value priorities, the aggravation of the civilizational confrontation of peoples is argued. In international law there is a real war of senses. The crisis of international law does not mean a simple failure to comply with its norms, it is expressed in the deformation of the meanings of the previously properly working international legal mutual obligations of states, leading international law into a state of prostration. States and societies based on their original traditional spiritual, moral and religious values are taking the leading positions. It is substantiated that in the new conditions the right of peoples to peace can be realized only on the principles of a multipolar world order.
ANALYSIS OF FOREIGN MODELS OF SOCIAL POLICY ON THE EXAMPLE OF THE SWEDISH MODEL
DOI: 10.21777/2587-9472-2023-3-17-24
Keywords: state social policy, social security, state guarantees, education system, national project
Annotation: The purpose of this article is to systematize scientific ideas about the classification of social policy models of foreign countries and analyze the features of the Swedish model. A comparative legal method based on the study of advanced foreign experience and its rethinking is used in the article. Various types of social policy models are discussed, each of which has its own characteristic features. Social-democratic (Scandinavian), conservative (continental European, institutional), liberal (American-British) and catholic models are highlighted among them. Particular attention is paid to the study of the Swedish model of social policy, which belongs to the Scandinavian type. The author describes its features, structure and advantages. An analysis of the current reform processes that take place within the framework of this model is made. It is concluded that the Swedish model of social policy can be considered as one of the options for implementation in the Russian economy. Its relevance and significance in the modern world are emphasized and its potential for solving social problems is highlighted.
MODERN MEASURES TO COUNTER THE SANCTIONS PRESSURE ON THE RUSSIAN ECONOMY: LEGAL ASPECT
DOI: 10.21777/2587-9472-2023-3-25-30
Keywords: sanctions, economy, import substitution, fuel and energy complex, metallurgy, transport, financial system, banking sector
Annotation: The article discusses current issues devoted to the analysis of measures to counter international sanctions and restrictions imposed by unfriendly states against Russia. Special attention is paid to such sectors of the economy of the Russian Federation as oil industry, electric power industry, metallurgy, transport sector, banking sector, etc. The proposed measures vary depending on the sector of the economy and cover different areas – from the adoption of regulations (both laws and by-laws) to the government support to specific market participants. In the context of the modern confrontation between Russia and the West, a reorientation of domestic business towards countries of Asian origin, as well as strengthening international cooperation within the EAEU, seems justified. It is believed that the proposals made to improve legislation can be effective means of countering the restrictive measures of the international community and can neutralize the adverse impact of sanctions policies pursued by foreign countries on the Russian economy.
EXECUTIVE IMMUNITY IN THE EVENT OF A DEBTOR’S BANKRUPTCY
DOI: 10.21777/2587-9472-2023-3-31-38
Keywords: executive immunity, bankruptcy, housing, property immunity, bailiffs-performers, creditor, debtor
Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.
THE STATE AND DYNAMICS OF VIOLATIONS OF THE INVIOLABILITY OF THE HOUSING IN RUSSIA
DOI: 10.21777/2587-9472-2023-3-39-45
Keywords: inviolability of the housing, inviolability of private life, state of crime, dynamics of crime
Annotation: The article, based on statistical data from the GIAC of the Ministry of Internal Affairs of Russia and the Judicial Department of the Supreme Court of the Russian Federation, analyzes the state and dynamics of crimes that violate the inviolability of the housing. There has been a positive trend towards a decrease in the number of convicts since 2018. At the same time the share of the crimes under consideration in the total number of crimes under Chapter 19 of the Criminal Code of the Russian Federation remains significant. Typical personality portraits of criminals committing criminal acts both according to the main and qualified elements of the crime are described. Persons brought to justice often do not believe that they are committing a crime because they invade someone else’s home during domestic quarrels, as well as for other, as it seems to them, “valid” reasons. The most of crimes are committed in a state of intoxication. Factors that make it difficult to bring a violator to justice under Part 3 of Article 139 of the Criminal Code of the Russian Federation: qualification features, active counteraction of a suspect (accused).
ON SOME FEATURES OF THE MANIFESTATION OF VIOLENCE BY FOREIGNERS IN CUSTODY
DOI: 10.21777/2587-9472-2023-3-46-51
Keywords: violence, pre-trial detention center, foreign citizen, accused, crime, custody
Annotation: The problem of manifestation of violence at all times is a problem in the development of society. In places of isolation of potential criminals the manifestation of violence is a significant problem in the functioning of these institutions in accordance with the law and interferes with their full performance of the tasks assigned to them. This work is devoted to the problems of manifestation of violence and the issues of their prevention by foreign citizens in custody. The relevance of the study is caused by the ever-increasing number of migrants arriving in our country, which negatively affects their commission of crimes with the use of violence, including while in detention. The paper analyzes the features of foreign citizens held in custody, examines the types of conflict situations that arise with their participation during the period of detention in a pre-trial detention centers. The study was conducted in pre-trial detention centers located on the territory of the Moscow Oblast in the period 2022–2023 (first quarter) years.
SUBJECTS OF CIVIL PROCEDURAL LEGAL RELATIONS: TRADITIONS AND INNOVATIONS
DOI: 10.21777/2587-9472-2023-3-52-57
Keywords: subjects of civil process, representative, class action, court, third parties, justice facilitators (persons assisting in the administration of justice)
Annotation: The article is devoted to the need to preserve fundamental approaches to the problem of subjects of civil proceedings based on the nature and presence of legal interest, but with the necessary rethinking of the current state of legislation and the needs of practice. The issue on the subjects of civil proceedings is of decisive importance for effective judicial protection. The insufficiency of legal regulation of persons participating in the case is shown. The definition of the parties given in the theory back in the last century does not correspond to the current state of practice, especially in cases where the subject of judicial protection is the rights and interests of minors, whose status is not at all defined in the law. The necessity of clarifying the status and name of the person acting in the interests of the group when filing a class action is substantiated. Attention is drawn to the fact that the Code of Civil Procedure of the Russian Federation does not single out a group of subjects that contribute to the administration of justice. On the basis of new approaches to the problem of legal interest, arguments are given in favor of changing the status of a representative in court. The article aims to identify the most problematic moments in the legal regulation of subjects of civil procedural legal relations in order to improve judicial protection.