Law and order
Reference:
Sil'chenko, E.V., Derbok , Z.G. (2025). Differentiation of responsibility for smuggling under Article 229.1 of the Criminal Code of the Russian Federation and prospects for its optimization. Legal Studies, 3, 1–15. https://doi.org/10.25136/2409-7136.2025.3.73680
Abstract:
The subject of the study is the differentiation of responsibility for smuggling within the framework of Article 229.1 of the Criminal Code of the Russian Federation and the prospects for its optimization and legislative improvement. The purpose of the study is to conduct a comprehensive (theoretical and legal) analysis of the qualifying features of the I, II and III degrees of the specified norm. To achieve this goal, the following tasks were solved: consideration of the most interesting differentiating features of Article 229.1 of the Criminal Code of the Russian Federation from the point of view of difficulties in law enforcement and shortcomings in criminal law regulation, proposals for improving their normative presentation; study of the possibility of criminalizing certain acts related to drug smuggling, highlighting issues of differentiation of criminal liability, taking into account the degree of public danger. In order to ensure the completeness and accuracy of the conducted research, the work uses scientific works of scientists in the field of criminal law, materials from published judicial practice, statistical information on the state of crime provided by the GIAC of the Ministry of Internal Affairs of Russia, a complex of general scientific and private scientific methods is involved: analysis, synthesis, system-structural, historical, formal-legal and logical. In order to improve the provisions of the Russian criminal law, optimize them, and increase the effectiveness of law enforcement activities, the article proposes an updated version of paragraphs "b" of Part 2 of Article 229.1 and paragraph "c" of Part 4 of Article 229.1 of the Criminal Code, as well as amendments to Part 3 of Article 229.1 of the Criminal Code. The corresponding author's proposals are reflected in the final conclusions, formed on the basis of the results obtained during the research. The article is addressed to teachers, researchers, representatives of law enforcement agencies, the judicial system, lawyers, students, undergraduates, postgraduates, doctoral students, as well as anyone who independently studies the issues of differentiation of responsibility for drug smuggling, covered by art. 229.1 of the Criminal Code of the Russian Federation.
Keywords:
customs border, the state border, illegal border crossing, psychotropic substances, drugs, narcotic drugs, contraband, qualifying signs, differentiation of criminal liability, differentiation
Human and state
Reference:
Holzoda, U.H. (2025). Legal restrictions allowed in the election of house arrest and the prohibition of certain actions under the legislation of the Russian Federation and the Republic of Tajikistan. Legal Studies, 3, 16–27. https://doi.org/10.25136/2409-7136.2025.3.72602
Abstract:
The object of the study is the system of legal relations arising from the election of preventive measures in the form of house arrest and the prohibition of certain actions during criminal proceedings under the legislation of the Russian Federation and the Republic of Tajikistan. The subject of the article is theoretical ideas about prohibitions and restrictions in the selection of preventive measures in the form of house arrest and prohibition of certain actions, as well as problems of law enforcement arising in the investigative practice of pre-trial proceedings in Russian and Tajik criminal proceedings. The conducted research revealed a tendency in Tajik legislation to follow the development of Russian practice in terms of pre-trial proceedings and the emerging shortage of the available list of preventive measures. The study of statistical data confirmed the effectiveness of choosing a preventive measure in the form of a ban on certain actions under Russian law. Taking into account the similarity of legal systems and the sequence of development by analogy with Russian legislation, the need to borrow the prohibition of certain actions into the practice of the Republic of Tajikistan is expressed. The author proposed: 1) to adopt a preventive measure in the form of a ban on certain actions in the criminal procedure legislation of the Republic of Tajikistan; 2) to specify the prohibitions and restrictions allowed during house arrest, allowing to take into account the requirements for the degree of restrictions on constitutional rights; 3) to expand the list of existing restrictions and prohibitions in order to take into account all the circumstances and the identity of the suspect, the accused as much as possible when choosing preventive measures.
Keywords:
procedural decisions, the petition, coercive measures, The accused, The suspect, prohibition of actions, limitations, preventive measures, house arrest, proper behavior
Human and state
Reference:
Novikov, P.A. (2025). Modern challenges in ensuring the protection of personal data of employees. Legal Studies, 3, 28–44. https://doi.org/10.25136/2409-7136.2025.3.73694
Abstract:
In the era of digital transformation, when data has become an integral part of business processes, the issue of protecting employees' personal data is of paramount importance. Modern organizations face unprecedented challenges related to the need to comply with regulatory requirements, counter cyber threats, and maintain employee trust. This study aims to analyze these challenges and develop practical recommendations for effective protection of employees' personal data. Ensuring the protection of employees' personal data is a complex and multifaceted task that requires organizations to take an integrated approach and continuously improve their policies and procedures. Compliance with legal requirements, countering cyber threats, ensuring transparency and control over data processing, as well as taking into account the specifics of certain categories of personal data are key success factors in this area. The methodological basis of the research is an integrated approach combining the analysis of the regulatory framework and expert assessments. One of the key aspects of scientific novelty is the identification and systematization of new threats to the security of personal data caused by the use of modern technologies. Such threats include, in particular, data leaks caused by cyber attacks on the employer's information systems, unauthorized access to personal data by insiders, as well as risks associated with the use of cloud services and mobile devices for processing and storing personal information. Another important element of the scientific novelty of this study is the development of a methodology for evaluating the effectiveness of existing measures to protect employees' personal data. Traditional assessment methods tend to focus on the general requirements of personal data protection legislation and do not take into account the specific risks that arise in the context of an employment relationship.
Keywords:
privacy policy, data leaks, cybersecurity, Internet of things, artificial intelligence, cloud technologies, compliance, data processing, employee rights, personal data
Transformation of legal systems
Reference:
Pakhomov, V.N. (2025). Problems of using smart contracts in the framework of copyright protection of intellectual property results. Legal Studies, 3, 45–58. https://doi.org/10.25136/2409-7136.2025.3.72635
Abstract:
The subject of the study is the main theoretical approaches to understanding the nature and functional role of smart contracts developed in the Russian civil doctrine. The object of the study is public relations in the field of using smart contracts as a means of regulating the turnover of copyright objects. The author raises the actual problem of using smart contracts in the field of copyright protection. The relevance of the issue is due to the widespread technological innovations in the field of intellectual property turnover, which requires the state to develop new solutions in the field of legal policy. The use of smart contracts is a promising technological solution that can ensure the effectiveness of protecting the interests of copyright subjects. Special attention is paid to certain aspects of the operation of smart contracts (their modification, termination) within the framework of the turnover of rights to copyright objects. The research methodology involves the use of structural and functional analysis tools, a method of interpreting legal ideas and a systematic approach, on the basis of which the article attempts to identify the functional significance of smart contracts as a technological and legal phenomenon in the sphere of turnover of copyright objects. The use of smart contracts is an innovative approach that contributes to the improvement of document management in Russian copyright law. The main conclusions of the author are the statement of the limited nature of the use of smart contracts in the framework of copyright protection of the results of intellectual activity. The author's contribution to the disclosure of the research topic is determined by the identification of differences between smart contracts and classical means of regulating contractual relations. Based on the conducted research, the author suggests ways to improve the legislative policy of the state, related to the lack of an orderly system of civil law norms governing relations in the field of smart contracts as tools for ensuring the registration of copyright objects and the fulfillment of private law obligations. The author substantiates the need to develop the provisions of civil legislation in terms of expanding legal structures capable of ensuring the fulfillment of agreements reached between the parties to a private law relationship.
Keywords:
virtual space, legal policy, copyright protection, digitalization, digital environment, deal, blockchain, civil turnover, results of intellectual activity, smart contract
JUDICIAL POWER
Reference:
Abdulvaliev, A.F. (2025). A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug). Legal Studies, 3, 59–75. https://doi.org/10.25136/2409-7136.2025.3.73164
Abstract:
The article is devoted to the study of the geographical accessibility of courts of general jurisdiction in a number of regions of the Russian Federation. The object of the study was the district courts of general jurisdiction located in the district of the Yamalo-Nenets Autonomous Okrug, as well as public relations in the field of criminal procedure, affecting the activities of participants in criminal proceedings during the criminal cases proceedings. The subject of the study includes the remoteness of district courts of general jurisdiction from executive authorities, transport hubs (and their remoteness from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations) and remote settlements; criminal procedure rules and regulations governing public access to justice; the degree of accessibility of the district courts themselves to the public in general. The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including an analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. The application of the geographical approach made it possible to establish in various aspects the degree of accessibility of courts of general jurisdiction for the population living in various municipal districts of the Yamalo-Nenets Autonomous Okrug. The conducted research revealed a number of problems related to ensuring access to justice for the local population, for shift workers, as well as for the indigenous peoples of the North. Despite the fact that most of the district courts of general jurisdiction in municipal areas are located within walking distance from local government and law enforcement agencies located nearby in the district center, a certain proportion of judicial authorities remain inaccessible to the population living in remote settlements of municipal areas. Access to appellate and cassation justice also remains difficult for a number of participants in criminal proceedings.
Keywords:
shift settlements, municipal area, indigenous peoples of the North, transport accessibility, defendant, pedestrian accessibility, victim, access to justice, court session, court