Release: 2024-3 (43)
Rubrics:
Content:
DOI: 10.21777/2587-9472-2024-3-7-14
Keywords: Information Law, Information Responsibility, Information Offenses, Public Law, Digital Transformation, In- formation Society, Digital Platforms
Annotation: The paper describes the normative provisions that have appeared in Russian information regulations in recent years and are characterized by a special range of subjects, grounds, sources and content of responsibility measures. The analysis of such regulatory frameworks made it possible to reveal a new approach to legal regulation, which takes into account the economic and technical nature of Cyberspace. Due to this, we assess the effectiveness of information and legal measures to be higher than that of classical types of legal responsibility in cross-border and anonymous cyberspace. Along with the application of measures by public authorities to influence information legal relations subjects, we have also noted the practice of business entities applying such measures, in particular, individuals who own or manage digital platforms. This allows us to establish the possibility of categorizing contractual information and legal responsibility. At the same time, the wide range of subjects involved in relations developing in cyberspace, along with a num- ber of other pressing issues in information law, contribute to inconsistencies in the application of information and legal measures. We consider this circumstance as an additional argument in favor of the codification of information legislation.
THE FORMING OF ELEMENTS OF CIVIL SOCIETY IN RUSSIA AS A RESULT OF THE REFORMS OF THE 1860s
DOI: 10.21777/2587-9472-2024-3-15-22
Keywords: reforms of the 1860s, abolition of serfdom, zemstvo reform, judicial reform, class equality, military reform, school reform, civil society, civil responsibility
Annotation: The article discusses important aspects of the development of civil society in Russia. The institution of civil so- ciety is an integral attribute of any State governed by the rule of law. However, its formation is conditioned by the emergence of certain prerequisites in the political, social, economic and cultural spheres. In the history of Russia, these prerequisites occurred in the second half of the XIX century as a result of the reforms of Emperor Alexander II, which created the conditions for the forming of civil society. The aim of the author is to analyze the historical course of the country towards the forming of civil society; to consider the reforms of the 1860s in Russia in the context of the occurrence of prerequisites for the forming of civil society; to identify the essence of these prerequisites; to determine the role of reforms for the forming of civil society in Russia. During the study, historical, comparative legal, and formal legal methods were applied. The author concludes that the necessary conditions for the formation of civil society have emerged in the political, social, economic, and cultural spheres in Russia, as well as the emergence of elements of civil society resulting from the reforms of the 1860s.
POLITICAL AND LEGAL KNOWLEDGE, ITS MORAL FOUNDATIONS, RELIABILITY AND COMPLETENESS AS A CONDITION FOR THE CIVILIZATIONAL SELF-IDENTIFICATION OF RUSSIA
DOI: 10.21777/2587-9472-2024-3-23-35
Keywords: political and legal knowledge, spiritual and moral values, civilizational development of Russia, reliability and completeness of the system of political and legal knowledge, wholesome state, cultural and historical features, sovereignty, national identity
Annotation: The purpose of the study is to assess the place of political and legal knowledge in the modern development of the state and law, to determine the role of its moral foundations, reliability and completeness as conditions for the civi- lizational self-identification of Russia. Using general scientific methods of generalization and analogy, such special legal methods as formal legal, historical and legal, comparative legal, the main components of Russian political and legal knowledge are compared with the political and legal approaches of the West. The need to overcome the established stereotypes of social universalism, economic determinism and secularism inherited from the era of the Great Revolutions in the domestic political and legal knowledge is argued. The struggle for Russian scientific sovereignty should be based on overcoming Eurocentrism as a worldview basis for the humiliation of national self- consciousness and deformations of Russian civilizational development. The reinterpretation of Russian political and legal knowledge involves considering the Soviet Union as an experienced political and legal model of the state of justice and social equality. The conclusion that any constitution is built on the value priorities of society is substanti- ated. The civilizational spiritual and moral features of Russia are incompatible with the worldview principles of the West. Modern Russian political and legal knowledge reflects the results of the cultural and historical development of the multinational people of the Russian Federation and the archetypes inherent in it that have developed over many generations as prototypes of state and legal forms, society’s ideas about justice and the role of law. Political and legal knowledge can be fruitful and effective only if it is harmoniously based on the cultural and historical experience of the people, if it overcomes the moral neutrality of knowledge itself and the practice of statecraft that grows out of it, and if it accepts knowledge of traditional spiritual and moral values as a tuning fork. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE ISSUE OF LEGAL PROTECTION OF INTANGIBLE CULTURAL OBJECTS IN THE RUSSIAN FEDERATION
DOI: 10.21777/2587-9472-2024-3-36-43
Keywords: national culture, intangible cultural heritage, legal protection of ethno-cultural heritage, intangible cultural objects, registry, symbols of the state
Annotation: The article is devoted to the problems of legal protection of the intangible ethno-cultural heritage of the Rus- sian Federation. The analysis of the current situation of protection of these facilities in Russia is preceded by a review of international acts of similar content. Several possible ways to apply forces to improve the protection of intangible cultural assets are outlined. First, this is a wider representation of Russian culture in the international arena. Second, elimination of the conflict in modern Russian law and law enforcement practice, which arose due to the incomplete change of the name of the object of protection. Third, strict compliance with the requirements of Article 6 of the Federal Law «On Intangible Ethnocultural Heritage Of the Russian Federation», which provides for the division of objects of intangible ethnocultural heritage into three categories: federal, regional and local (municipal) significance. Therefore, the federal register should include only those objects that really represent a special historical, cultural and scientific value for the history and culture of the Russian Federation. Fourth, it is to clarify the list of objects of intangible ethno-cultural heritage. It was recommended to include traditional symbols, as well as to emphasize their cultural-historical, spiritual and moral value in the laws on state symbols. In the text of the article, the Russian Federation is abbreviated as RF.
LEGAL REGULATION OF INTER-BUDGETARY RELATIONS OF REGIONAL DEVELOPMENT ON THE EXAMPLE OF THE BRYANSK REGION
DOI: 10.21777/2587-9472-2024-3-44-50
Keywords: legal regulation, inter-budgetary relations, budget balance, state programs, national goals, inter-budgetary in- teraction, target indicators, efficiency of budget funds
Annotation: The article examines the legal regulation of inter-budgetary relations at the regional level in modern conditions. The purpose of the study is to develop mechanisms for the legal regulation of inter-budgetary relations that en- sure the development of regions by securing sources on a long-term basis for the implementation of measures to achieve national territorial development goals. The subject of the study is the substantiation of the mechanisms of legal regulation of inter-budgetary relations for the development of regions and the achievement of established national goals. Based on the topic of the research, the following tasks were completed: analysis of the regional experience of forming the legal framework for regulating inter-budgetary relations at the regional level; con- sideration of the methods of budget law governing inter-budgetary relations; formulation of a proposal for the creation of mechanisms for legal regulation of inter-budgetary relations at this stage. The research uses general scientific and special methods, in particular systematic, logical, as well as methods of analysis, synthesis, interpretation. As a result of our research, we have found that the establishment of legal mecha- nisms for inter-budgetary regulation of the allocation of funds from the consolidated budget of regions, taking into account the expenses of municipalities for implementing territorial development measures under state programs and regional projects using targeted indicators, leads to a balanced local budget and contributes to achieving national regional development objectives. In the text of the article, the Russian Federation is abbreviated as RF.
ISSUES OF LEGAL REGULATION OF THE QUALITY OF EDUCATION AND THE ORGANIZATION OF ITS ASSESSMENT AT THE PRESENT STAGE
DOI: 10.21777/2587-9472-2024-3-51-58
Keywords: assessment of the quality of education, legal regulation, control and supervisory measures, accreditation indica- tors, accreditation expertise, diagnostic work, expert assessment
Annotation: The article reveals the features of the modern procedure of state regulation of the quality of education in educational institutions in the Russian Federation, in particular within the framework of state accreditation for higher education programs. The article presents the author’s assessments and conclusions based on the analysis of regulatory acts, scientific publications of recent years and the understanding of the experience of expert activity. Special attention is paid to the issue of the correlation between the content of accreditation indicators for higher education, as ap- proved by the regulatory body for the education system, and the legally defined definition of the quality of educa- tion. The mechanism of organizing and conducting diagnostic work, which is currently a key tool for assessing the quality of education, is considered in detail. The advantages of the applied procedure for assessing the quality of training of students are determined, as well as the main disadvantages of the mechanism for conducting diagnostic work at the present time are formulated, which, according to the authors, are primarily associated with insufficient detail of rules and procedures. It is required to develop and approve a number of legal and regulatory documents regulating the procedure for evaluating the results of mastering an educational program when conducting quality control of education by the system regulator. In the text of the article, the Russian Federation is abbreviated as RF.
THE REASONS AND CONDITIONS FOR THE HOSTAGE-TAKING IN THE DETENTION CENTER
DOI: 10.21777/2587-9472-2024-3-59-64
Keywords: hostage-taking, detention center, correctional institution, crime, violence, suspect, accused4
Annotation: The article discusses the current issues related to criminal violence during the implementation of a preventive measure in the form of detention. One of the most serious crimes that can occur in pre-trial detention centers is undoubtedly taking hostages. This act poses an increased public danger and is associated not only with the forced detention of a person, but also with the use or threat of violence against them, the possibility of illegal escape from detention and the potential for continued criminal activity. Currently, there are 210 pre-trial deten- tion centers and 71 premises operating as pre-trial detention facilities2 located on the territory of each region of the Russian Federation within the penal system. In this regard, the study of this topic is quite relevant, as the commission of such an act not only destabilizes the operations of this correctional facility, but also necessitates the activation of the entire law enforcement apparatus in the region. In the text of the article, the Russian Fed- eration is abbreviated as RF.
LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS
DOI: 10.21777/2587-9472-2024-3-65-72
Keywords: trial, examination of evidence, forensic examination, appointment, procedural order, additional forensic examination, repeated forensic examination, commission forensic examination, complex forensic examination, law enforcement practice
Annotation: The trial is the central stage of the criminal proceedings, during which all the evidence gathered during the investigation of the criminal case is examined. Quite often, forensic examinations that were carried out during the preliminary investigation are subject to thorough investigation. In the course of judicial proceedings, situations may arise where the court identifies inconsistencies in the con- clusions and research part of an examination, inconsistencies between the findings of multiple examinations, expert incompetence, and other issues that affect the thoroughness and clarity of a forensic investigation, and ultimately its objectivity. In such a situation, in order to determine the truth in a case, it is necessary to conduct additional, repeated forensic examinations as part of the trial process. The authors analyzed the judicial practice of appointing various types of forensic examinations in judicial investiga- tions. This made it possible to identify violations committed during the examinations in the course of the prelimi- nary investigation, and, therefore, to summarize the grounds for the appointment of forensic examinations within the framework of a judicial investigation. In the text of the article, the Russian Federation is abbreviated as RF.
PROBLEMATIC ASPECTS OF THE STRUGGLE AGAINST BRIBERY OF OFFICIALS
DOI: 10.21777/2587-9472-2024-3-73-78
Keywords: bribery, corruption crimes, bribery, bribe taking, mediation in bribery, criminal liability, subject of the bribe, official
Annotation: Bribery as a form of criminal behavior associated with the activities of government bodies creates a system of illegal advantages in access to power, material resources and benefits, thus excluding free market competition, violating the principles of democracy and social justice in society. The article analyzes the current state of the struggle against bribery. The official statistical data of the Judicial Department and the Ministry of Internal Affairs of Russia on the state of corruption crime confirm the relevance of this issue. The increase in the number of crimes related to bribery and mediation in bribery may indicate, on the one hand, the active work of law enforcement agencies in identifying and increasing the detection of these crimes. However, it may also indicate the insufficient, weak, and ineffective preventive work of regulatory agencies. The article distinguishes between the concepts of “corruption”, “bribery”, “tampering”, reveals the methods of bribery. Problematic issues are raised regarding the distinction between bribery and related offenses, determining the subject of a bribe. Legal and other means of combating bribery are indicated. In the text of the article, the Russian Federation is abbreviated as RF.
SUBJECTIVE SIGNS OF ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER
DOI: 10.21777/2587-9472-2024-3-79-84
Keywords: encroachment on the life of a law enforcement officer, use of violence against a representative of authority, threat of murder, threat of violence, subject and subjective side of the crime, age of the offender, public danger of the act
Annotation: The article examines the subjective signs of an encroachment on the life of a law enforcement officer, since the number of such acts is currently increasing, and therefore this topic is very relevant. The subject of the study is a criminal law norm that provides for liability for an encroachment on the life of a law enforcement officer. The purpose of the study is to substantiate proposals for improving legislation based on an analysis of the characteristics of the subject and the subjective side of the crime provided for in Art. 317 of the Criminal Code of the Russian Federation. The content of the article discusses examples from law enforcement practice on the qualification of this crime, taking into account the subjective characteristics of the crime and in accordance with judicial interpretation. The following methods were used during the research: formal logical, comparative legal, as well as analysis, synthesis, and deduction. The novelty of the study lies in the fact that the authors made proposals to change the current criminal legislation of the Russian Federation in order to more accurately qualify the considered act. In the text of the article, the Russian Federation is abbreviated as RF.
ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article two
DOI: 10.21777/2587-9472-2024-3-85-93
Keywords: Nord Stream, pipelines, sabotage, crime, the person who committed the crime, international crime
Annotation: In the article, within the framework of scientific approaches, the corpus delicti was analyzed, as a result of which the Nord Stream 1 and Nord Stream 2 pipelines were violently damaged. The possibilities of determining the perpetrators of this crime were explored. The concealment of information and its distortion by the world media, the silence of some members of the international community, and the refraining of some permanent and nonpermanent members of the UN Security Council from assessing this crime, as well as the failure of international decision-makers to launch an investigation at the international level, all indicate that there are attempts to create physical and geographical obstacles to the disclosure and investigation of these crimes. The study shows that this crime can be classified as a complex offense that has exposed the vulnerability of the infrastructure used to exchange goods and services through the waters of the seas and oceans. It is not covered by the direct protection of national jurisdiction, as it falls outside the sovereignty of States. The commission of such crimes can threaten not only the economic security of countries, but also their sovereignty and territorial integrity.
APPLICATION OF GENERAL AND SPECIAL RULES TO INVALIDATION OF STATE AND MUNICIPAL CONTRACTS
DOI: 10.21777/2587-9472-2024-3-94-101
Keywords: transaction, contract, invalidity of transactions, fulfillment of obligations, competitive procurement, bidding, uniform requirements, convalidation
Annotation: The procurement of goods, works and services for state and municipal needs affects the interests of a wide range of people. The article discusses ways to invalidate state and municipal contracts due to violations of procure- ment rules. The analysis of approaches to the recognition of state and municipal contracts as invalid is carried out by comparing the application of legislation in the field of procurement of goods, works and services and the norms of the Civil Code of the Russian Federation. The issue of improving legislation in the field of procurement of goods, works and services is raised in terms of including special grounds for invalidation of contracts. The author considers the established judicial practice based on general provisions on the invalidity of transactions, including approaches to invalidation of trades. Due to the fact that the implementation of state and municipal procurement affects a wide range of people, the author considers the issues of the application of restitution and convalidation of transactions. In the text of the article, the Russian Federation is abbreviated as RF.