Release: 2024-1 (41)

2024-1 (41)
Download full issue

Content:

ON THE LEGAL CULTURE IN THE RUSSIAN FEDERATION

Page:5-11

DOI: 10.21777/2587-9472-2024-1-5-11

Annotation: The article analyzes the state of the legal culture of the Russian Federation in the modern period. It also dis- cusses the main terminological features related to the definition of the concept of legal culture and the structural elements included in it. In addition, the problems associated with the insufficiently high level of legal culture among citizens of the Russian Federation in modern realities are identified and analyzed. The data of sociological surveys of young people about public institutions that have the most influence on the growth of the legal culture of society are presented. The article emphasizes that in the processes of interaction between the state and soci- ety, the modernization of the legal policy of the state – the use of information technologies – contributes to the improvement of the level of legal culture of the Russian population. Such an “electronic State” extends not only to the sphere of public administration, but also covers public relations. Further in the article the current state of the legal culture of the Russian population are revealed, and ways to solve the problem of not having a sufficient level of its development are identified. Based on the conducted work, a conclusion was also made that charac- terizes the relevance and importance of improving the legal culture for the further development of the country.

LEGAL REGULATION OF THE PROTECTION OF PERSONAL HUMAN RIGHTS WHEN USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Page:12-19

DOI: 10.21777/2587-9472-2024-1-12-19

Annotation: The article describes the features of legal regulation of the use of programs with artificial intelligence to ensure security and control of society using the example of the Russian Federation, the EU and the UK. The issue of the relationship between the use of person tracking systems using personal identification methods and the im- plementation of the right to privacy of a person’s personal life was considered in the research separately. The relevance of this topic is due to the rapid development of information technology in the world. Scientific novelty is determined by the comparative short history of legal relations arising from the development, use and control of the use of artificial intelligence by individuals and legal entities, as well as states. The common methods of protecting the legitimate rights and interests of participants in legal relations, developed over the centuries by states, have little applicability due to the use of artificial intelligence capabilities without taking into account territorial borders.

TYPES OF REAL ESTATE OWNERS ASSOCIATIONS NOT NAMED IN LEGISLATION: FEATURES OF THE LEGAL STATUS

Page:20-25

DOI: 10.21777/2587-9472-2024-1-20-25

Annotation: The study examines certain types of real estate owners’ partnerships that require deep scientific understanding due to the lack of their special detailed legal regulation. The subject of the research is scholarly works and provisions of the current legislation on real estate owners’ associations. Methods of scientific research: analysis, synthesis, deduction, induction, analogy. The main conclusions are: a partnership of real estate owners is a collective category – it consists of its types, which may or may not be provided for by law; types of real estate owners’ partnerships not specified in legislation will include any type of real estate owners’ partnership that is not the most common (provided for by law), but is specified in the charter of the partnership, as such, based on the specifics of the real estate subject to management; the main criterion for classification as a real estate own- ers’ partnership is the ability to manage the corresponding type of real estate. The author also came to other conclusions. The study of this topic will make it possible to make an additional contribution to the scientific understanding of poorly studied certain types of real estate owners’ partnerships.

TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS

Page:26-31

DOI: 10.21777/2587-9472-2024-1-26-31

Annotation: The lack of legislative regulation of the issue of the legitimacy of imposing obligations to pay a contribution for major repairs not only on the owner of residential premises, but also on other persons to whom it is provided on the basis of property and obligations rights is indicated. Contradictory approaches of judicial practice to resolving these disputes are demonstrated. In some cases, courts consider it impossible to transfer such an obligation (for example, in relation to family members of the owner of a residential premises), in others they justify a positive answer to this question by reference to the nature of the emerging right (for example, in relation to holders of the right of operational manage- ment). In disputes related to the transfer of residential premises on the basis of a contract, the idea is formulated about the exclusive nature of the owner’s obligation to pay a contribution for major repairs and the impossibility of its transfer within the framework of contractual relations. It is concluded that in order to resolve the contradictions that have arisen, it is necessary to develop a unified position on the possibility of transferring to third parties the burden of maintaining not only residential premises, but also the common property of an apartment building.

ON THE ISSUE OF THE IMPORTANCE OF THE METHODOLOGY OF THE SCIENCE OF CRIMINAL EXECUTIVE LAW

Page:32-35

DOI: 10.21777/2587-9472-2024-1-32-35

Annotation: The subject of the research is the concept and significance of the methodology of the science of criminal justice, its role in the activities of the penal system, the training of specialists for institutions and bodies executing pun- ishment. The purpose of the work is to study issues of methodology of the science of penal law. When studying the problem, dialectical, formal-logical, system-structural methods were used. The article describes the views of scientists on the methodological foundations of the science of penal law, and examines certain aspects of its significance for theory and practice. Dialectical and historical materialism form the basis of the methodology of the science under consideration; private scientific and special methods of cognition are also used. It is con- cluded that the training of highly qualified specialists for the penal system, other state and non-state (private) organizations involves studying the methodology of special sciences in the specialization (profile) of training, the methodology of the science of criminal justice contributes to the implementation of theoretical knowledge in practical activities in the field of execution of punishments and other areas of life.

FEATURES OF PRACTICAL TRAINING ON FORENSIC TECHNOLOGY IN THE CONDITIONS OF EDUCATIONAL AUDIENCE

Page:36-41

DOI: 10.21777/2587-9472-2024-1-36-41

Annotation: The current issues of conducting practical classes in the form of a business game with students of the Faculty of Law on the topics of the section “Forensic technology” of the discipline “Criminalistics” are considered. The opinions of various authors on the practice-oriented teaching of the discipline “Criminalistics”, including the use of active teaching methods (business games) during practical classes, are given. The content of the stages of the business game organized in the conditions of the classroom is revealed; the main differences between practical tasks in the section “Forensic technology” from tasks in other sections of сriminalistics are highlighted. Recom- mendations are given on the use of technical means during practical training; an overview of the most in-demand set of technical means, the unified suitcase “Criminalist” is given. The expediency of using a forensic suitcase in its extended configuration is justified not only when conducting classes on topics involving direct work with traces of a crime, but also as part of the study of the topic “Forensic photography and video recording”. The conclusion is made about the importance of teaching the discipline “Criminalistics” for law students.

THE RIGHT OF THE CLAIMANT TO APPEAL THE RULING ON THE CANCELLATION OF THE COURT ORDER

Page:42-46

DOI: 10.21777/2587-9472-2024-1-42-46

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.

FEATURES OF THE SEIZURE OF AGRICULTURAL LAND IN CASE OF IMPROPER USE OF LAND

Page:47-51

DOI: 10.21777/2587-9472-2024-1-47-51

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when agricultural land is seized in case of improper use of land. The purpose of the study is to study a number of features of the seizure of agricultural land in case of improper use of land that require legislative regulation. Particular attention is paid to the problems of legislative application in the process of seizure of these land plots. The article analyzes the regulatory framework governing the procedure for termination of rights to land plots, as well as the exercise of the powers of state land supervision in this area of activity. Some features that have negative consequences both for agricultural land and for the owners of these plots were studied. Recommenda- tions and possible ways of resolving the existing problematic situations are given, namely, amendments to the regulation of the term and procedure for the seizure of agricultural land in case of improper use of land. The article uses the formal legal method, general scientific methods of cognition.