History of state and law
Reference:
Arutyunov E.K.
Reform of serfdom and its impact on legal consciousness and legal culture of peasants
// Law and Politics.
2023. ¹ 6.
P. 1-13.
DOI: 10.7256/2454-0706.2023.6.40781 EDN: VHMKWX URL: https://en.nbpublish.com/library_read_article.php?id=40781
Abstract:
The author believes that the abolition of serfdom had a "colossal" significance for the formation of new forms of legal consciousness and legal culture of the peasant population. These categories influenced the historical formation of the rule of law and the transition to a new form of government. The paper states that insufficient attention has been paid to the issues of legal consciousness and legal culture of peasants in the scientific community, which led to a narrow circle of approaches to the study of peasant life and psychology. The subject of the study is the patterns of formation and functioning of the legal consciousness and legal culture of the peasant after the abolition of serfdom. The author used the works of scientists in the field of law, philosophy and history to form more informed conclusions on the research topic. The purpose of the work is to analyze the formation and development of legal consciousness and legal culture of the population of the Russian Empire in the nineteenth century after the abolition of serfdom.
Keywords:
peasant reform, reform, peasants, understanding, law, legal literacy, legal nihilism, legal awareness, legal culture, serfdom
Law and order
Reference:
Vinner E.R.
The objective side of abuse in the issue of securities (Part 1 of Article 185 of the Criminal Code of the Russian Federation)
// Law and Politics.
2023. ¹ 6.
P. 14-24.
DOI: 10.7256/2454-0706.2023.6.40835 EDN: PWLCGQ URL: https://en.nbpublish.com/library_read_article.php?id=40835
Abstract:
The object of the study is the objective side of the crime, responsibility for which is provided for in Part 1 of Article 185 of the Criminal Code of the Russian Federation. The problems that arise when trying to understand the mechanism of causing damage to investors are analyzed. It is noted that it cannot be real. The conclusion is formulated that the socially dangerous consequences reflected in Article 185 of the Criminal Code of the Russian Federation do not allow it to be applicable in practice, do not allow to correctly determine the immediate object in theory. The necessity of changing the disposition of the rule on abuse in the issue of securities is substantiated. The proposed version, firstly, takes into account legislative changes in the part of documents containing information about securities; secondly, it excludes consequences in the form of damage; and thirdly, it does not create problems in determining the type of intent and distinguishing from the offense, responsibility for which is established in Article 15.17 of the Administrative Code of the Russian Federation "Unfair issue of securities papers". The author's special contribution to the research of the topic is that it was carried out after significant changes were made to the sectoral legislation, on which the possibility of applying the criminal law provision providing for liability for abuse in the issue of securities depends. The proposed changes to the disposition of Part 1 of Article 185 of the Criminal Code will make this rule applicable and effective. on the basis of the analysis, the following conclusions are formulated: 1) on the exclusion of socially dangerous consequences in the form of major damage from Part 1 of Article 185 of the Criminal Code of the Russian Federation; 2) the degree of violation of the established emission procedure is proposed to be considered as a sign delimiting an administrative offense and the analyzed crime.
Keywords:
The Central Bank of Russian Federation, issue of securities, investors, issuers, securities, damage to investors, emission stages, information disclosure, promotion, exchange
Transformation of legal and political systems
Reference:
Markova T., Maksimova T.
Transformation of professional skills in the context of digitalization of criminal proceedings
// Law and Politics.
2023. ¹ 6.
P. 25-37.
DOI: 10.7256/2454-0706.2023.6.40913 EDN: NHPLLO URL: https://en.nbpublish.com/library_read_article.php?id=40913
Abstract:
The author discusses the transformation of legal skills in the field of criminal justice in connection with the development and introduction of digital technologies. This issue is examined in the context of three groups of lawyer skills, such as communication skills, the possibility of using digital technologies in case analysis and position development, as well as the possibilities of document management in the context of digitalization and the use of digital technologies in the preparation of procedural documents. The subject of the research is both the skills themselves and the new opportunities that have appeared with the development of digitalization: remote communication capabilities, web forms for interviewing, chatbots, automated information search engines and artificial intelligence capabilities for case analysis, technical capabilities that help to find and present evidence in court, document designers, thanks to which one can create various forms of documents, submission of procedural documents to the court in the form of an electronic document. The article concludes that the introduction of digital technologies into the activities of both preliminary investigation and court bodies is becoming a natural stage in the development of the entire criminal proceedings and for the first time new digital opportunities are being considered in relation to the skills of a lawyer in criminal proceedings. In the article, in relation to each group of skills, those technical capabilities that can and should be used in practice are indicated, and, accordingly, those professional skills that a lawyer working in the field of criminal proceedings should possess. It is concluded that some of the considered digital technologies have already become firmly established in the practice of lawyers working in criminal cases, some are just being introduced and are being distributed.
Keywords:
lawyer, investigator, information technology, artificial intelligence, skills, criminal justice, digitalization, electronic document, document constructor, proof
Law and order
Reference:
Prilepskii E.T.
Detention of suspects committed business and economic crimes : some application problems
// Law and Politics.
2023. ¹ 6.
P. 38-47.
DOI: 10.7256/2454-0706.2023.6.40911 EDN: NYSNPO URL: https://en.nbpublish.com/library_read_article.php?id=40911
Abstract:
The author considers the features of the regulation of the application of a measure of restraint in the form of detention against entrepreneurs in criminal cases on economic crimes, as well as the practice of applying these norms. The relevance of the study lies in a wide public discussion about the presence of undue pressure on business, in a constructive change in the criminal procedure legislation, as well as inconsistent court practice. The author notes that today the main problem of applying the studied measure of restraint lies not in the legislative regulation, but in the absence of a developed single consistent position of the courts. At the same time, as a result of the analysis of the research topic, it is concluded that as part of the further comprehensive implementation of measures to reform the institutions for protecting entrepreneurship and creating a favorable environment for business, in the context of geopolitical instability, it is necessary to develop and adopt a number of changes to the criminal procedure legislation. In particular, it seems necessary to amend Part 1.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation, as well as the development of clear criteria by which economic activity could be distinguished from other types of activity in the field of criminal procedure.
Keywords:
investigator, criminal proceedings, economic crimes, businessman, entrepreneurial activity, detention, preventive measure, investigation, investigation of crimes, preliminary investigation
Theory
Reference:
Purge A.R.
Legal construction as a category of cybernetic method of cognition of law
// Law and Politics.
2023. ¹ 6.
P. 48-58.
DOI: 10.7256/2454-0706.2023.6.40900 EDN: KUIJKY URL: https://en.nbpublish.com/library_read_article.php?id=40900
Abstract:
The object of the study is social relations, the regulation of which is carried out by establishing a legal structure. The subject of the research is the legal concepts of legal science, which allow designing and using cybernetic categories of modeling legal situations and phenomena in the legal field. The concept of legal construction is the result of applying a certain cybernetic method of cognition of law. One of the methods related to the tools of this method is the method of modeling. In other words, a legal construction is a model obtained as a result of applying a cybernetic modeling method to a public relation (or rather, to the method of legal regulation of this type of public relations). Among the methodological problems of the modern general theory of law, the problem of legal discourse stands out, i.e. the practical language spoken by law (the language of legal constructions), and the theoretical language in which they talk about law (the language of legal concepts). On the other hand, modern law-making activity requires the use of a variety of methods of legal regulation, the improvement of legal technology, allowing the best way to express the will of the legislator, contributing to the simplification and acceleration of the implementation and application of law. Such legal means include legal constructions. The paper substantiates the approach according to which the concept of legal construction is the result of applying a certain cybernetic method of cognition of law.
Keywords:
cybernetic method, structural and functional method, legal constructions of public law, legal constructions of private law, types of legal constructions, legal technique, legal model, legal regime, legal status, legal construction
Transformation of legal and political systems
Reference:
Atabekov A.R.
Creation and application of artificial intelligence for public purposes: a comparative legal analysis.
// Law and Politics.
2023. ¹ 6.
P. 59-68.
DOI: 10.7256/2454-0706.2023.6.40848 EDN: IIGGCY URL: https://en.nbpublish.com/library_read_article.php?id=40848
Abstract:
The article focuses on a comparative analysis of existing approaches regarding the compliance of the artificial intelligence (AI) designed for public purposes in foreign countries and Russia with the current national strategies and regulatory approaches. As part of the study, the research identified the basic problems in the field of transparency in the decision-making of artificial intelligence, specified challenges to implicit regulatory nature for AI in the public sphere arising from the technical design of AI systems designed by developers; suggested theoretical and practical situations of using artificial intelligence that does not comply with the principles of designing AI on the basis of fundamental legal norms; and outlined possible compensatory legal measures that ensure the safe integration of artificial intelligence into the Russian public sphere. The subject of the study covers the issues of the influence of the design of artificial intelligence on its subsequent application in the public sphere. The object of the study focuses on the normative documents, recommendations and other documents regulating the issues of artificial intelligence preoccupation for public legal relations in Russia and foreign countries, judicial practice, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the problems of designing artificial intelligence and its subsequent application within the public law field in the context of the problems inherent in the basic stage of creation. Subsequently, potential scenarios for regulating responsibility for AI actions are identified. The research has resulted in asset of measures that can be applied in the legislative and law enforcement practice of relevant authorities implementing the integration of artificial intelligence into the sphere of public relations in Russia, as well as in the scientific field in order to determine subsequent vectors for analyzing the minimization of AI bias as a result of incorrect technology design in violation of the basic legal structures.
Keywords:
law enforcement practice, information law, administrative law, public law, secure AI, biased by AI, tech design, comparative legal research of AI, electronic face, artificial intelligence
Human and state
Reference:
Milchakova O.
Priority of public interests in the regulation of foreign participation
in strategic sectors of the economy
// Law and Politics.
2023. ¹ 6.
P. 69-78.
DOI: 10.7256/2454-0706.2023.6.40910 EDN: HZQPKH URL: https://en.nbpublish.com/library_read_article.php?id=40910
Abstract:
The author discusses some topical issues of the balance of private and public interests in the framework of limiting foreign presence in the areas of economic activity that are strategically important for the state. In 2022 - 2023 State policy in the field of foreign investment control is generally characterized by the introduction of additional restrictions in order to ensure national security: the list of areas of activity recognized as strategic has been expanded; the number of regulatory approvals required for obtaining by foreign persons for transactions with Russian companies has been increased; increased requirements for transparency in the ownership structure of strategic companies; the consequences of violation of the law in this area are detailed. Author formulates a conclusion about the necessary conditionality of the priority of public interest over private interest by current economic and political factors. First of all, proceeding from the measures necessary and sufficient to satisfy the public interest, the state determines the nature and degree of restriction of the economic freedom of the bearers of private interest. At the same time, by satisfying the public interest, which has as its goal the provision of national economic stability and security of the state, it ultimately ensures the satisfaction of such other interests and needs of an indefinite range of entities that are part of society and the state, which cannot be satisfied only in terms of the financial stability of the state, its military and economic security.
Keywords:
state security, balance of interests, national defense, private interest, public interest, financial stability, Government Commission, deal approval, strategic enterprise, foreign investment
Law and order
Reference:
Troyanov Y.O.
Problems of determining income as a qualifying attribute of a crime under Article 178 of the Criminal Code of the Russian Federation
// Law and Politics.
2023. ¹ 6.
P. 79-90.
DOI: 10.7256/2454-0706.2023.6.40721 EDN: AJQPWB URL: https://en.nbpublish.com/library_read_article.php?id=40721
Abstract:
Competition is an important factor stimulating economic growth and development, as well as improving the quality of goods and services. Protection of competition is one of the basic principles of modern states. The legislation of the Russian Federation provides not only administrative, but also criminal liability (with an increased preventive role) for restricting competition (Article 178 of the Criminal Code of the Russian Federation). At the same time, there are serious problems associated with bringing the perpetrators to justice. Among such problems is the lack of a unified approach to determining income from the conclusion of such agreements. In this paper, existing approaches to determining the income extracted by participants in anti-competitive agreements will be considered, and the approach outlined by the Constitutional Court of the Russian Federation in its Resolution ¹19-P of 19.04.2023 will also be analyzed.
Keywords:
constitutionality, damage, profit, qualifying attribute, income, competition, cartel, collusion, anticompetitive agreement, fairness