Law and order
Reference:
Kovalev A.A.
The principle of objective truth in the activities of the Prosecutor's Office
// Law and Politics.
2022. ¹ 2.
P. 1-10.
DOI: 10.7256/2454-0706.2022.2.37455 URL: https://en.nbpublish.com/library_read_article.php?id=37455
Abstract:
The subject of the study are materials of prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office regulating these public relations, as well as positions formed on the issue of the essence of the principle of objective truth and its implementation in the activities of the prosecutor's office and the court. The object of research in the article is social relations arising from the implementation of the principle of objective truth in the implementation of supervisory and non-supervisory activities by prosecutors. The author examines in detail such aspects of the topic as the nature of the truth established in the course of law enforcement, the ratio of reliability and probability, as well as the inclusion in the principle of legal assessment of existing facts. Â The principle of objective truth has been given attention in the scientific literature, but this principle has been investigated in relation to the administration of justice. Meanwhile, the implementation of the principle is undoubtedly important in the implementation of prosecutorial and other law enforcement activities, however, it has not been studied before in relation to the activities of the prosecutor's office; this is the novelty of the study. In the course of the study, the views of scientists on the existence of the principle of objective truth, the main aspects of its content were studied, as a result of which the definition of the principle of objective truth in the activities of the prosecutor's office was proposed and the conclusion was formulated that the consolidation of this principle in the Law on the Prosecutor's Office will fill the gaps in the legal regulation of the exercise of prosecutorial powers in other areas of prosecutorial activity and it will prevent the adoption of unreasonable decisions that are possible if this principle is not observed, which, in turn, can lead to a violation of the principle of legality, which is a special contribution of the author to the study of this topic.
Keywords:
administration of justice, implementation of supervision, participation in court, the principle of legality, circumstances of the case, The Law on the Prosecutor's Office, powers of the prosecutor, legal assessment, the principle of objective truth, prosecutor
Legal and political thought
Reference:
Savenkov D.A.
Scandinavian Psychological Theory of Law
// Law and Politics.
2022. ¹ 2.
P. 11-18.
DOI: 10.7256/2454-0706.2022.2.37607 URL: https://en.nbpublish.com/library_read_article.php?id=37607
Abstract:
The article examines the nature and main characteristics of the legal views of Scandinavian lawyers, who are traditionally identified in the history of modern legal thought as representatives of legal realism. The focus is, first of all, on the nature and methods of substantiating law as a psychological fact, which largely determines the profile of the legal views of Scandinavian realists (on the example of the writings of A. Hagerstrem and A. Ross). In this regard, the psychological orientation of the theoretical and legal views of the Scandinavian realists makes it possible to more accurately highlight the question of the place, meaning and orientation of the psychological by its nature Scandinavian theory of law in the history of modern legal thought. In addition, the study focuses on the features of epistemological approaches underlying the legal views of the realistic movement in legal thought in the Scandinavian countries. Â The novelty of the research lies in the fact that it gives a problem-critical assessment of the content of the legal views of the Scandinavian realists, determines the specifics of the semantic load of realism as an epistemological attitude underlying their philosophical, ethical and legal views, reveals the peculiarities of the interpretation of law as a psychological fact, and also demonstrates the possibilities of typologizing the corresponding ideas about law as a psychological theory law and its regional interpretation. In addition, clarifications are made to the definition of the place and significance of the psychological theory of law of Scandinavian authors in the history of pan-European legal thought, and some essential features of psychologism in the legal understanding of the considered regional group are identified.
Keywords:
legal sense, criticism of metaphysics, psychological theories of law, Ross, objective cognition, Scandinavian legal realism, Hagerstrem, the scientific nature of jurisprudence, psychology of law, history of legal thought
Transformation of legal and political systems
Reference:
Lolaeva A.S.
The Place of E-Government in the Public Administration System
// Law and Politics.
2022. ¹ 2.
P. 19-29.
DOI: 10.7256/2454-0706.2022.2.37511 URL: https://en.nbpublish.com/library_read_article.php?id=37511
Abstract:
This article examines the place of e-government in the system of public administration. The topic's relevance is due to the universal digitalization of public relations, including the sphere of public administration. E-government is a new format of interaction between the state and society based on the use of modern information and communication technologies, which needs theoretical justification. The methods of scientific analysis and synthesis, deduction, and induction, as well as methods of description, comparison, and analysis of secondary data, are used in the work. The article reflects on the issue of the development of e-government in Russia. The object of this study is the social relations that arise during the creation and functioning of the e-government system. The author formulates the conclusion that e-government in the Russian Federation is in continuous development and is also an important tool for the development of the digital economy, which requires a revision of the digital skills of civil servants. At the moment, there is already a trend toward training personnel for digital public administration. It is revealed that in the Russian Federation, e-government, which is an important tool for the development of the digital economy, is in continuous development. There is already a tendency to transition to electronic records. To get the maximum benefit from digital transformations in public administration, a new approach to the formation of the competencies of a modern civil servant is required because the lack of the necessary level of training can serve as a serious barrier to improving the efficiency of public administration. Information technologies are dynamic and rapidly undergoing changes. As a result, the existing requirements for civil servants cease to be relevant in the period of digital transformation. The legislation of the Russian Federation defines that the requirements for the knowledge, skills, and skills of civil servants are established by official regulations. Therefore, the competence model should be adapted for each specific position, taking into account the specifics of the activities of the authority.
Keywords:
Internet, information and communication technologies, scientific and technological progress, information society, public authority, digitalization, e-government, electronic state, electronic democracy, democracy
International relations: interaction systems
Reference:
Ovchinnikov S.N., Atamanchuk V.V.
International Treaties on Legal Assistance in Law Enforcement Activities of the Customs Authorities of the Russian Federation
// Law and Politics.
2022. ¹ 2.
P. 30-39.
DOI: 10.7256/2454-0706.2022.2.37427.2 URL: https://en.nbpublish.com/library_read_article.php?id=37427
Abstract:
The most important task of the customs authorities of the Russian Federation is to protect national security, prevent, detect and suppress crimes and administrative offenses, cooperate with customs and other competent authorities of foreign states, international organizations dealing with customs issues. One of the means of solving this problem is international treaties on mutual assistance in customs matters. The article considers the state of international legal regulation of law enforcement activities of the customs authorities of the Russian Federation by international treaties on legal assistance. Using formal legal and comparative legal methods, the relevant international treaties in which the Russian Federation participates are analyzed. Â Â The forms of legal assistance used in international cooperation in law enforcement activities of the Federal Customs Service are highlighted. The system of legal aid treaties under study is heterogeneous in its structure and does not cover relations with all States with which this cooperation may be necessary. As a solution to the problem, the systematization of international acts regulating issues of international cooperation of customs authorities in the law enforcement sphere is presented and proposals are presented to the legislator: to conclude agreements with those states with which an agreement on mutual legal assistance in criminal and administrative matters has already been concluded, but no agreement on mutual assistance in customs matters has been concluded.
Keywords:
FCS of Russia, Shanghai Cooperation Organization, Eurasian Economic Union, Kyoto Convention, Nairobi Convention, customs authorities, law enforcement activities, legal assistance, international customs cooperation, Tashkent Agreement
JUDICIAL POWER
Reference:
Gaponov M.D.
Consideration of the nature of the case in which a foreign court decision has been rendered, subject to recognition and enforcement in the Russian Federation
// Law and Politics.
2022. ¹ 2.
P. 40-51.
DOI: 10.7256/2454-0706.2022.2.37452 URL: https://en.nbpublish.com/library_read_article.php?id=37452
Abstract:
The subject of the study is the legal specifics of the recognition of decisions made by foreign justice institutions and their subsequent execution by the nature of the case. The presented aspects are an integral component of effective modern cross-border legal interaction, and also provide practical guarantees for the protection of the rights of its direct participants. In the context of a specific mechanism of legal regulation of the international turnover of variable judicial acts, the most significant point is the establishment of the object of the recognition in question and subsequent execution. Within the framework of our state, the specifics of recognition and enforcement are provided for by the provisions of relevant international treaties, as well as the norms of current domestic federal legislation – in cases where it is a question of recognizing decisions for which there is no need for enforcement. The provisions of the Minsk Convention of the CIS countries, the Kiev Agreement of the CIS countries, the variable bilateral treaties of our state establishing the rules of legal assistance, other international treaties, the norms of which fix the procedure for recognition and subsequent enforcement of decisions taken by foreign justice institutions, the norms of current domestic legislation and current accumulated law enforcement practice. The author focuses on the analysis of current trends in the regulation of these relations, including through the use of relevant materials of the development of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases, which indicates the novelty of the study. The main conclusion of the study is to identify the variable directions of determining the range of foreign court decisions that are recognized and enforced, while taking into account the features of judicial acts and relevant proceedings that determine their formation. When analyzing a foreign court decision as a specific object of appropriate recognition and enforcement, several aspects are subject to consideration, first of all, we are talking about the nature of the individual case in connection with which the decision in question was made.
Keywords:
object of recognition, recognition of foreign decisions, enforcement of decisions, court decision, court, the nature of the court case, categories of civil cases, international civil procedure, execution of foreign decisions, foreign court decision
Jurisprudence
Reference:
Stotland B.I.
The concept and features of Internet advertising as a result of intellectual activity
// Law and Politics.
2022. ¹ 2.
P. 52-58.
DOI: 10.7256/2454-0706.2022.2.37462 URL: https://en.nbpublish.com/library_read_article.php?id=37462
Abstract:
In the era of digitalization, attracting attention to goods, works and services on the Internet is becoming increasingly difficult. In this regard, Internet advertising is becoming more creative, which may indicate that it should be considered as a result of intellectual activity. The author has studied in detail the signs and criteria of the protectability of advertising distributed on the Internet in order to identify the possibility of recognizing it as a result of intellectual activity. Special attention is paid by the author to the issues of copyright distribution on Internet advertising, which was created using artificial intelligence technology. As a result of the conducted research, the author analyzes and characterizes the signs and such criteria of the Internet advertising's protectability as creative character, originality and objective form in order to recognize it as a result of intellectual activity. The author draws conclusions about the need to recognize Internet advertising as works protected by copyright, if it meets the criteria of protection established by law. The author's special contribution to the research of the topic is the formulation of the definition of Internet advertising as a result of intellectual activity, and the procedure for distributing copyrights to advertising works created with the help of artificial intelligence in order to provide additional legal guarantees to the authors of such works is also proposed.
Keywords:
The result of intellectual activity, Protection capacity, The Internet, Advertisement producer, Online advertising, Creative character, Information technology, Artificial intelligence, Copyright, Advertisement