Human and environment
Reference:
Kudelkin N.
Environmental conflicts in the Arctic zone of the Russian Federation in the field of energy, economic and environmental security
// Law and Politics.
2023. ¹ 9.
P. 1-15.
DOI: 10.7256/2454-0706.2023.9.44121 EDN: YGLFGN URL: https://en.nbpublish.com/library_read_article.php?id=44121
Abstract:
The subject of the article is the provisions of strategic planning documents in the field of ensuring national, environmental, energy and economic security, as well as the provisions of strategic planning documents dedicated to the Russian Arctic. The purpose of the work is to study the above-mentioned documents, identify environmental conflicts consisting in their provisions and develop proposals for their resolution and prevention. The methodological basis of the study is based on the system of methods, means of cognition and logical techniques, in the process of work general scientific, private and special methods were used. Such as synthesis, analysis, deduction, analogy, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic plays an important role in ensuring Russia's strategic national interests in such areas as the economy, transport, environmental protection, defense, and a number of others. Many aspects of Russia's national security depend on the state of the environment of the Russian Arctic, as well as on the implementation of economic activities on its territory, therefore, the resolution and prevention of environmental conflicts concerning this region is an important and urgent task, since without a balance of interests in this area, both the sustainable development of the Russian Arctic and preservation of its unique natural environment seems unlikely. The paper concludes that in order to resolve the main law-making environmental conflict that takes place in the strategic documents under consideration, it is necessary to exclude from the list of threats (challenges) to economic and energy security such a factor as redundancy of requirements in the field of environmental safety and the increase in the costs of their implementation. In turn, in order to ensure a balance of interests in the implementation of nature management and environmental protection in the Russian Arctic, it is proposed to use the best available technologies, as well as the natural and ecological framework of the territory.
Keywords:
legal conflict, environmental conflict, energy security, economic security, environmental security, national security, environmental pollution, environmental protection, Arctic, The Northern Sea Route
Theory
Reference:
Akhramkina K.A.
Rights to the Result of Intellectual Activity of Artificial Intelligence in Terms of the Dualism of Intellectual Law
// Law and Politics.
2023. ¹ 9.
P. 16-32.
DOI: 10.7256/2454-0706.2023.9.39484 EDN: ZCLWCD URL: https://en.nbpublish.com/library_read_article.php?id=39484
Abstract:
This article reveals the author's view on the issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems. The topic of the research is touched upon due to the fact that the modern technological renewal in the modern world is so large-scale that many scientists are inclined not only to historical changes, but also to anthropological ones: technology becomes dominant in an inextricable connection with the human operator. In the modern Russian legislation there is no institutional fixation of norms of law regulating the relations connected with creation and use of results of artificial intelligence. In the global legal field the recognition of artificial intelligence as the author of the invention has been an open question for a long time. The article considers different points of view on the definition of artificial intelligence, including foreign sources. The author argues about the applicability of the concept of "inventor" in relation to artificial intelligence. The author's position in relation to the results of artificial intelligence is presented on the basis of the principle of intellectual property duality, where the main idea is the separation of non-property and property rights to the results of artificial intelligence. Methods of analysis, synthesis, modeling, comparative-legal were used. In the end conclusions are made about the recognition of authorship on the result of artificial intelligence, based on the creative contribution to its creation and work, the emergence and transfer of exclusive rights.
Keywords:
exclusive rights, invention, program, robot, artificial intelligence, duality principle, principles of law, intellectual property law, right of the author, right of the programmer
Theory
Reference:
Shikhanov V.N.
To the question of the typology of the mechanisms of criminal law influence and the possibilities of their criminological support
// Law and Politics.
2023. ¹ 9.
P. 33-46.
DOI: 10.7256/2454-0706.2023.9.44166 EDN: ZYEHSD URL: https://en.nbpublish.com/library_read_article.php?id=44166
Abstract:
The object of the study is criminal law impact – a legal phenomenon that is subject to development in domestic criminal law, but has received insufficient research due to the ongoing discussions of legal scholars about its content, place in the system of legal regulation and mechanism of action. The subject of the study is, firstly, the typology of the mechanisms of criminal law regulation, and secondly, the possibilities and methods of criminological support of such mechanisms. The typology is based on different types of criminal law rationality, which, in turn, through legal consciousness and legal culture, set different expectations from the application of criminal law in different cases. The author draws attention to the fact that the attempt to present the mechanism of criminal-legal impact as a single phenomenon, as well as the efforts of legal scholars to develop universal methods of criminological justification of criminal-legal prohibition face serious difficulties. To overcome them, it is proposed to distinguish three types of the mechanism of criminal legal impact, as well as to focus attention not so much on the justification of decisions on criminalization or decriminalization, as on criminological support of the process of criminal legal impact, taking into account the typology carried out. The main methods of criminological support of each type of mechanism of criminal legal influence are proposed. Taking into account the peculiarities of the functioning of the social control system, separate recommendations for reducing or strengthening the processes of stigmatization of offenders are proposed for each type.
Keywords:
regulation through criminal law, purposes of punishment, crime prevention, juridical culture, juridical mentality, criminal liability, criminal law policy, criminal law impact, creation of a criminal law, differentiation of liability
State institutions and legal systems
Reference:
Ivanova E.L., Tol'zak A.E.
Problems of legal regulation of public events at the present stage
// Law and Politics.
2023. ¹ 9.
P. 47-59.
DOI: 10.7256/2454-0706.2023.9.40662 EDN: ZHDKPA URL: https://en.nbpublish.com/library_read_article.php?id=40662
Abstract:
The subject of the study is the legal regulation of public relations arising in the process of realization by citizens of the Russian Federation of the constitutional right to participate in public events. Over the past decade, the legislation regulating the exercise by citizens of the Russian Federation of the constitutional right guaranteed by Article 31 of the Constitution of the Russian Federation has undergone significant changes. The development of socio-political processes inevitably leads to the emergence of new forms of public events, the need for legal regulation of which is still subject to comprehension in legal science. The conducted research of certain issues of legal regulation and practice of holding public events allows us to identify possible prospects for the development of legislation on public events, as well as to make suggestions for improving its current provisions. Research methods: the study was conducted using classical general scientific and special legal methods of cognition (historical, logical, including systemic, formal-legal, hermeneutic, etc.) in combination with an interdisciplinary approach (assessment of legal phenomena through the prism of social and political factors). Of particular importance for the purposes of this study is the method of comparative jurisprudence, which allowed us to establish trends in the development of legal regulation of the procedure for holding public events in foreign countries. The novelty lies in the proposals formulated by the authors of the article to improve the provisions of Federal Law No. 54-FZ of June 19, 2004 "On Meetings, rallies, demonstrations, processions and picketing".
Keywords:
citizens, forms of democracy, picketing, processions, demonstrations, meetings, rallies, counter-measures, public events, public opinion
Legal and political thought
Reference:
Sekretaryov R.V.
The works of Professor A. S. Smykalin on canon law and state-confessional relations: ad deliberandum.
// Law and Politics.
2023. ¹ 9.
P. 60-70.
DOI: 10.7256/2454-0706.2023.9.44028 EDN: ZSSQDZ URL: https://en.nbpublish.com/library_read_article.php?id=44028
Abstract:
The object of the study is the state-confessional relations in Russia at the present stage. The subject of the research is state (secular) legal acts regulating the legal status of religious organizations, the norms of canonical (church) law, as well as the works of Professor A. S. Smykalin, in which the scientist explores the stated topics and gives a legal assessment of both public relations in which the state and religious organizations interact, and intra-church legal phenomena (internal the institutions of religious organizations). In preparing the work, the author sought to follow the principles of scientific objectivity and consistency, primarily using the formal legal method in analyzing the norms of secular legislation and the comparative method in comparing secular legislation and canonical (ecclesiastical) law. Since a significant part of the professor's work is interdisciplinary (at the intersection of jurisprudence and history), historical and functional methods of cognition were also used. The scientific novelty of the undertaken research is the theoretical understanding of modern state-confessional relations through the prism of the works of Professor A. S. Smykalin. The reference ad deliberandum ("to reflection") in the title of the article is made in order to formulate the author's opinion on particular issues. The author considered it possible not to limit himself to references to the research results of a prominent scientist, but also to express his own point of view on the phenomena under consideration, focusing on the most problematic points.
Keywords:
law enforcement practice, state-confessional relations, freedom of religion, freedom of conscience, cults, sects, religious associations, secularization, canon law, church law