JUDICIAL POWER
Reference:
Semchenkov A.A.
Critical analysis of the law-making paradigm of the Constitutional Court of the Russian Federation
// Law and Politics.
2024. ¹ 6.
P. 1-10.
DOI: 10.7256/2454-0706.2024.6.70965 EDN: HAURAW URL: https://en.nbpublish.com/library_read_article.php?id=70965
Abstract:
The constitutional control of the Constitutional Court of the Russian Federation is aimed, to a certain extent, at creating (temporary) legal norms. Law-making in itself is not the basis for the activity of the Constitutional Court of the Russian Federation, however, at the same time it is hardly possible not to recognize the existence of a special function for the creation of law for the Constitutional Court of the Russian Federation. This function of constitutional justice is implemented in practice through the prism of constitutional control. At the same time, approaches to determining the powers and functions of the Constitutional Court of the Russian Federation on this issue differ significantly from each other. Based on this, the subject of the study is the decisions and legal positions of the Constitutional Court of the Russian Federation, which have an impact on the Russian legal order. The research methods used are logical, comparative legal, formal legal, hermeneutic and empirical methods of cognition. The discussion on the role and significance of the law-making function of the Constitutional Court of the Russian Federation is far from over, and assessments of such activities of the Constitutional Court of the Russian Federation vary from radical to conservative. The author concludes that the law-making function of the Constitutional Court of the Russian Federation is a secondary function of the Russian judicial review body, it is not the necessary role of the Constitutional Court of the Russian Federation. At the same time, the processes of constitutionalization and, in particular, the creation of temporary legal norm by the Constitutional Court of the Russian Federation affect the Russian legal system.
Keywords:
the role of the Constitutional Court, judicial law, scope of powers, powers of the Constitutional Court, functions of the Constitutional Court, creation of law, Constitutional Court, rulemaking, lawmaking, law-making paradigm
Human and state
Reference:
Van L.
Legal problems of adoptive families in China
// Law and Politics.
2024. ¹ 6.
P. 11-24.
DOI: 10.7256/2454-0706.2024.6.70359 EDN: HGPBOF URL: https://en.nbpublish.com/library_read_article.php?id=70359
Abstract:
In the People's Republic of China, as in many other countries of the world, modern government policy in the field of family relations is focused on mobilizing the entire society to support families in raising children and supporting children left without parental care, including through placing children in foster care families. However, the legislation in the area of placement of children left without parental care is not perfect and requires a subjective assessment in terms of its compliance with the interests of children’s rights. This form of placement for children without parental care, like a foster family, has made in Chinese legislation relatively recently and is important for protecting the rights and interests of children without parental care. At the same time, the existing legislative rules ensuring the placement of children left without parental care in foster families are not perfect. Thus, the legal problems of placing children without parental care in foster families, related both to the restrictive framework that is imposed on the children themselves who are subject to placement in foster families, and the restrictive framework that is established for the foster families themselves (the age limit of parents, the number of children who can be raised in one foster family) deserve special attention. The article focuses on the legal problems of placing children without parental care in foster families. An analysis of existing problems has shown that there is an urgent need to modernize legislative norms related to placement in foster families in order to ensure the best and comprehensive interests of children, rather than maintaining the approach according to which the family becomes part of the bureaucratic and traditional framework, making it the last link in the implementation of state politicians.
Keywords:
legal restrictions, state support, change in legislation, the right of children to protection, alternative form of placement, public policy, foster families, The law in China, family law, China
Law and order
Reference:
Danilenko I.A., Tabolina K.A.
On some the trends in the development of the prosecutor's supervision of the procedural activities of the bodies of inquiry
// Law and Politics.
2024. ¹ 6.
P. 25-40.
DOI: 10.7256/2454-0706.2024.6.70878 EDN: MEFHKW URL: https://en.nbpublish.com/library_read_article.php?id=70878
Abstract:
The article is devoted to some aspects of the prosecutor's supervision of the procedural activities of the bodies of inquiry, including the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. The authors note that despite a number of changes in Russian legislation, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia still remain unresolved. The prosecutor has always had a wide range of powers in relation to the inquirer's proceedings, however, the reform of pre-trial proceedings in 2007 not only narrowed the prosecutor's powers during the preliminary investigation, but also created additional conditions for a possible reduction in the prosecutor's powers in the field of procedural management of the inquiry. In this regard, the paper examines the question of the validity of granting the prosecutor a significant amount of powers in relation to the bodies of inquiry. The methodological basis of the article is the general scientific dialectical method of cognition, as well as the complex application of such methods as analysis, historical, formal-logical, system-structural and statistical. The conducted research allowed us to formulate conclusions according to which the modern development of the prosecutor's supervision of the procedural activities of the bodies of inquiry should be associated not so much with amendments to the criminal procedure legislation limiting the scope of the prosecutor's powers, but rather with increasing the effectiveness of the prosecutor's activities in the context of digitalization. It is argued that the wide range of powers available to the prosecutor in relation to the bodies of inquiry is seen as traditional, expedient and justified.
Keywords:
prosecutor, Supervision of the prosecutor, bodies of inquiry, The interrogator, criminal prosecution, Procedural guidance, preliminary investigation, digital technologies, pre-trial proceedings, criminal proceedings
Stabilization systems: fiscal control
Reference:
Andrianova N.G.
Financial Legal Aspects of the Use of Digital Tools in International Settlements
// Law and Politics.
2024. ¹ 6.
P. 41-50.
DOI: 10.7256/2454-0706.2024.6.71051 EDN: KCAYUL URL: https://en.nbpublish.com/library_read_article.php?id=71051
Abstract:
In the context of sanctions pressure on the Russian Federation, active search for alternative mechanisms for carrying out international settlements outside the use of the banking system is needed. In the article the problems and prospects for the use of such digital instruments as digital rights (digital financial assets, utilitarian digital rights), digital currency and digital ruble for international settlements are analyzed. The changes that came into force in March 2024, which allowed the use of digital financial assets and utilitarian digital rights for international settlements, are analyzed. The main problems and risks of the use of digital currencies (cryptocurrencies) for international settlements have been considered. An analysis of possible ways to start international settlements in central bank digital currencies was carried out. In this study, the following methods were used: analysis, synthesis, deduction, induction, formal legal method. Based on the results of the study on the use of digital tools as alternative mechanisms for international settlements in the face of sanctions pressure, it was found that mechanisms with a lower level of risk are international settlements using central bank digital currencies and digital rights (digital financial assets and utilitarian digital rights). It was proposed to develop a mechanism that allows international settlements using foreign digital financial assets to increase the attractiveness of an alternative settlement tool for non-residents. It was established that the emergence of the possibility of making international settlements using digital financial assets and utilitarian digital rights will entail the need to improve the rules for currency control over such transactions. The legal regime for the use of cryptocurrencies for international settlements should provide detailed conditions for its use by most exporters and importers, which will allow it to be used as an alternative mechanism for settlements in the context of economic sanctions.
Keywords:
alternative mechanisms, settlements, legal regulation, Central Bank, digital tools, digital ruble, digital rights, digital currencies, sanctions pressure, international settlements
History of state and law
Reference:
Bagandova L.Z.
The formation of criminal liability for the crime of aggression in international law at the end of the XIX - first half of the XX century
// Law and Politics.
2024. ¹ 6.
P. 51-65.
DOI: 10.7256/2454-0706.2024.6.70934 EDN: MATIWZ URL: https://en.nbpublish.com/library_read_article.php?id=70934
Abstract:
The subject of this study is an act of aggression as a crime, according to the provisions of international criminal and international humanitarian law. The article examines in detail the prerequisites for the formation of legal, in particular, international legal responsibility for the commission of acts of aggression. The author believes that the end of the XIX century became the starting point for the development of legal responsibility for the conduct of aggressive wars, as well as the nature of their conduct. Special attention is paid to the fact that the provisions enshrined in the Charter and the Verdict of the Nuremberg Tribunal have become imperative norms of international law in terms of fixing international crimes, as well as the principles of responsibility for their commission. It is separately noted that the verdict of the Tribunal became an act of increased strength of the people against the commission of crimes of aggression. The research methodology includes the use of such methods of legal science as historical, formal legal, systemic, as well as methods of analysis and dialectics. The novelty of this study lies in the fact that the work is a comprehensive detailed study of the process of establishing international criminal responsibility for the crime of aggression in the period from the end of the XIX century to the first half of the XX century. The author analyzes the historical and legal aspects of this process, considering various international documents, agreements and events of that time. The special contribution of the author of the study is expressed in the fact that based on an extensive analysis, the author, through the prism of legal doctrines, international norms and historical reality of the time period under consideration, draws conclusions about what factors influenced the development of understanding of the crime of aggression and why the legal status of criminal responsibility in this area began to form at that time.
Keywords:
international humanitarian law, League of Nations, The Second World War, Nuremberg Tribunal, international criminal law, UN, The First World War, security of humanity, aggressive war, aggression
Authority and management
Reference:
Popova S.M., Yanik A.A., Karpova S.F.
Analysis of the mutability of the legal framework for migration policy in Russia (1990-2023) in the context of the effectiveness of migration governance
// Law and Politics.
2024. ¹ 6.
P. 66-89.
DOI: 10.7256/2454-0706.2024.6.71064 EDN: HRHOPC URL: https://en.nbpublish.com/library_read_article.php?id=71064
Abstract:
The article analyzes the dynamics of changes in the institutional and legal framework of Russian migration policy from 1990 to 2023. Based on legal statistics, the authors investigate the frequency of amendments to key laws in the field of migration regulation in the Russian Federation. By comparing the series of events in political, legal, and institutional changes to migration governance, the authors identify external factors that influence the changes in legislation. Through comparative legal methods and an analysis of relevant literature, we discuss issues related to the differences between adaptive governance and agile management, as well as the impact of rapidly changing laws on the stability of the legal system. The analysis of the data revealed a high frequency of changes to migration laws, with an average of up to 5-6 amendments per year, and in some cases, up to 15-17 amendments per year. Acts of federal and regional authorities are also frequently amended. During the pandemic, a decision of the Moscow government was in effect for a little over a week. There is a significant excess in the number of secondary legal acts compared to the number of primary ones. The constant amendment of migration regulations reflects the state's response to diverse and sometimes unforeseen challenges in modern society, and demonstrates the adaptive nature of Russia's migration policy. This increase in adaptability raises questions about where the line is between improving the efficiency of legal regulations and their instability. Additionally, a special multidisciplinary approach is required to assess how changes in migration policies affect socio-economic development. The relevance of this study is linked to the fact that improving the efficiency of migration governance is a challenging task. Migration is both a source of economic development and potential risk to socio-political stability.
Keywords:
Russia, legal statistics, migration law, labor migration, migration governance, legal regulations, Agile management, adaptive management, migration policy, socio-economic development
Transformation of legal and political systems
Reference:
Kulaevskiy A.V., Osikin D.A.
Modeling the investigator's activities using virtual reality technologies
// Law and Politics.
2024. ¹ 6.
P. 90-99.
DOI: 10.7256/2454-0706.2024.6.70916 EDN: BKGAXB URL: https://en.nbpublish.com/library_read_article.php?id=70916
Abstract:
The subject of the study is the activity of an investigator performed by him in the process of investigating crimes and subject to visualization using virtual reality technologies. The authors pay attention to the algorithms of the investigator's physical work as the basis for the use of virtual reality simulators in the educational process of students studying criminology, as well as in the practical work of the investigator. The theoretical basis of the research is the scientific work of logicians dealing with modeling problems, forensic scientists studying the activities of the investigator, and computer scientists researching virtual reality technologies. The purpose of this study is to analyze individual elements of the investigator's activity in the process of investigating crimes, including for reproducing them in the future using VR technologies. In addition, the authors note the advantages and disadvantages of virtual reality simulators. General scientific methods were used as research methods: analysis, synthesis, induction, deduction, abstraction, generalization, modeling and private scientific methods, including the formal legal method. The scientific novelty of this work lies in the study of the investigator's activities through the prism of virtual reality technologies and the assessment of its possible visualization in order to improve the educational process in the study of the discipline "criminalistics". And also for the purpose of being used by the investigator to simulate future actions performed during the investigation of crimes. The authors substantiate the position on the possibility of correctly transferring some of the investigator's actions into virtual reality. Including through the virtual conduct of individual investigative actions: inspection of the scene, interrogation. The authors also proposed a virtual reality simulator of the investigator's work to determine the method and means used to commit a crime in the investigation of remote fraud. It seems that virtual reality simulators will improve the educational process by providing it with visibility and interactivity, which will subsequently increase the involvement of students in the study of the discipline "criminalistics".
Keywords:
virtual reality simulators, The investigation process, investigator, investigative actions, VR technologies, investigation of crimes, educational process, modeling, virtual reality, investigator's activity
Transformation of legal and political systems
Reference:
Zabaykalov A.P., Batova M.A.
Intellectual property issues in user agreements for image creation services using artificial intelligence technology
// Law and Politics.
2024. ¹ 6.
P. 100-117.
DOI: 10.7256/2454-0706.2024.6.71008 EDN: BECLMV URL: https://en.nbpublish.com/library_read_article.php?id=71008
Abstract:
The authors analyze the user agreements of image creation services using artificial intelligence technology in terms of regulating intellectual property relations for the results obtained. In the absence of unambiguous legislative regulation on this issue, it is precisely such agreements that are of interest as a mechanism for overcoming gaps and contradictions. In addition, in the future, the norms and principles formulated in them may become customs, a kind of "lex mercatoria", and also be in demand by legislators as a basis for the development of normative acts. In particular, such services as "Kandinsky", "Fusion Brain" and "Masterpiece" are considered. Such a choice is due, on the one hand, to the popularity of these services, and, on the other hand, to their recognition of the jurisdiction of the Russian Federation, which avoids separate consideration of the issue of determining the applicable law. The research methodology is based on traditional principles, techniques and approaches for legal science: dialectics, analysis, synthesis, analogy, deduction, etc. The scientific novelty of the research and the results obtained is primarily due to the innovativeness of the relations under consideration, as well as the "lag" in the development of legislation. The analysis allows the authors to conclude that user agreements can be interpreted as recognizing the users of the corresponding service as the author of the image created using artificial intelligence. The agreements also provide for the automatic transfer of a number of rights to service owners. First of all, we are talking about providing service owners with a non-exclusive royalty-free license for a wide range of ways to use the work. At the same time, the list of methods and the approach to their description differs. In addition, certain agreements provide for the actual restriction of the rights of user authors to use the works they have created. They provide for agreements and norms that can be regarded as aimed at restricting non-property rights.
Keywords:
artificial intelligence, Shedevrum, exclusive right, intellectual property, image, authorship, author, Kandinsky, Fusion Brain, license