Южно-Российский институт управления РАНХиГС
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The theory of the rule of law in the legal legacy of Ivan Alexandrovich Ilyin
Introduction. I.A. Ilyin's works are of great research interest, since legal awareness was the main topic in the thinker's philosophy, but a large amount of material has not been fully studied. I.A. Ilyin touched on the topics of morality, morality, politics, and the state structure. The ideas he put forward were distinguished by their meaningfulness and understanding of the foundations of his country's life, although they also had a certain idealization. The philosopher's work, as well as the ideas expressed by him at different stages of his professional career, were ambiguously evaluated by both contemporaries and later researchers of his views. Purpose. To examine the historical legacy of the Russian philosopher and legal scholar I.A. Ilyin in the context of the development of Russia as a state governed by the rule of law. The author set himself the task (as a concretization of the general goal) of highlighting the most interesting and fundamental ideas of the philosopher, which designate the role of law in Russian statehood, form the paths of development of the country, continuing to remain relevant for study and consideration by the modern legal system. The works of I.A. Ilyin present significant research interest as legal consciousness was a central theme in the philosophy of the thinker; however, a substantial body of material has not yet been fully explored. I.A. Ilyin addressed topics such as morality, ethics, politics, and state structure. The ideas he put forward were distinguished by their meaningfulness, understanding of the foundations of his country's life, although they also had a certain idealization. The author's task in this article is to show how, from I.A. Ilyin's point of view, law should work in a state structure, what it should rely on in its development. A state cannot be legal if the rules of law in it are distorted. The question of how exactly Russia can reach new heights of development of its statehood, which I.A. Ilyin studied so deeply, remains very interesting for modern researchers, who even today differ in their assessment of his works. Methods. The methodological framework of the research comprises both general scientific and specific scientific methodological tools: historical-legal method, systematic analysis, dialectical method, method of actualization, sociological and comparative-legal methods. Additionally, description and generalization on the subject of research were employed in the article. Results. The article identifies the most significant aspects of I.A. Ilyin's philosophical heritage that, in the author's view, remain relevant in the study of the Russian legal system as a whole. An author's interpretation of the legal ideas in the philosopher's works is provided, which can still be utilized in building and refining the modern legal society of our state. Conclusions. The article substantiates that the formation of Russia as a full-fledged legal state (both from the point of view of I.A. Ilyin and from the point of view of modern realities) is not a one-time process of individual systems, it is a deep, full-fledged elaboration of all spheres of human life, sometimes its complete transformation, which can last for years. Contemporary legal system of Russia cannot exist and develop without looking back on and relying on its historical heritage, which has had a profound impact on the formation of the modern image of law in our country. In his work, I.A. Ilyin substantiated the philosophical and methodological foundations for the paths of development of Russia as a legal state, based on the idea of national self-awareness, self-identity, and the uniqueness of the Russian people.
Sergey Andreevich Kotlyarevsky on the theory of the constitutional state in the context of political morphology
Introduction. A prominent Russian historian, jurist and politician in one person, a long–time professor at Moscow University, S. A. Kotlyarevsky, who was born in 1873 and innocently shot in 1939, made an outstanding contribution to the substantiation of the political morphology of the constitutional state, wrote a number of landmark works on the criteria of legal statehood, legal kratology, history and theory, political and legal doctrines. Purpose. Substantiation of the need for a deeper and more authentic analysis of the scientific achievements of S.A. Kotlyarevsky, mastering the original methodology of the study of transformations of constitutional states tested by him in the context of his experience of political and morphological review. Theoretical foundations. The article analyzes the major contribution to the development of the political and legal theory of the constitutional state and its morphology, which was made to Russian legal science by the famous Russian scientist of the late 19th – first half of the 20th century, Professor S.A. Kotlyarevsky. His monograph "The Constitutional State. The experience of a political-morphological review" in conjunction with some of his other studies. The authors pay close attention to the inaccurate judgments and conclusions of some modern Russian dissertators in assessing certain provisions and generalizations of S.A. Kotlyarevsky, as well as insufficient coverage of his most important original texts and summaries on various historically formed political regimes. Other important achievements of S.A. Kotlyarevsky in the corporatelegal analysis of historical sources and concepts of the theory of state and law are overlooked. Results and conclusions. A critical assessment of some of the opinions of modern authors that are not entirely correct and attributed to S.A. Kotlyarevsky is presented. The necessary arguments are made in defense of the true content of the scientific conclusions and theoretical achievements of this Russian encyclopedist. The author's views on the role and significance of the key conceptual provisions of S.A. Kotlyarevsky's legal works and his scientific conclusions and methodology for analyzing power relations in states of various forms that remain relevant are substantiated. In the final part of the article, the conclusion is made about the need to create a fundamental monographic study on the scientific achievements of S.A. Kotlyarevsky.
Current legal issues of regulation of public relations in the constantly operating virtual space of the metaverse
Introduction. The digital environment has firmly taken the position of an essential component of public and government relations. It determines the effectiveness and competitiveness of many fields and institutions. Today, a significant part of the scientific discourse, one way or another, revolves around digital technologies. This is evident in various branches of knowledge and does not bypass jurisprudence, where the relationship between the theoretical and practical components of this topic is clearly traced. Purpose. Analyzing existing legal problems, highlighting new challenges and threats, and developing recommendations based on them on the specifics of legal regulation of public relations in the permanent virtual space of the metaverse. Materials and methods. The methodological basis of the research was made up of general and special methods of scientific cognition: dialectical; historical; formal-logical, including deduction, induction, analysis and synthesis, abstraction, extrapolation, formal-legal; comparative-legal; structural-legal, the method of legal modeling, etc. Legal Tech analysis, digital conflictology and behavioral research, crowdsourcing legal research, social media and public opinion analysis were used as innovations. Results. Jurisdiction and applicable law in the metaverse are considered. It has been demonstrated that the leveling of state borders creates difficulties in determining jurisdiction and applicable law. It is confirmed that the issues of conflict management between users from different countries remain open. It is shown that the protection of personal data in the metaverse is an important aspect. It collects a huge amount of user data, including biometric data (for example, through VR devices). This requires the development of effective legal mechanisms for the protection of personal data in accordance with the principle of the priority of human rights. It is stated that the issues of copyright, trademarks and patents in the virtual space are becoming more and more complex. The necessity of developing a legal framework for the regulation of virtual assets, taxation and fraud prevention is shown. It has been proven that human rights are under threat. New forms of discrimination, humiliation of human dignity, harassment, privacy, and many other human rights violations are emerging in the metaverse. All this requires the development of new mechanisms to protect users from such violations. Conclusions. The necessary actions are: adaptation of existing legislation; increased state control over the regulation of the virtual economy; increased protection of intellectual property of residents of the Russian Federation; implementation of an interdisciplinary approach in the research of this scientific issue. The regulation of public relations in the metaverse requires an integrated approach, including the adaptation of existing legal norms, the development of new mechanisms for protecting the rights and freedoms of users, as well as international cooperation. Future research should be aimed at creating a stable legal framework that can effectively regulate virtual spaces and protect the interests of all participants.
Judicial constitutionalism: new milestones after constitutional amendments
Introduction. In a modern society in which the rights and freedoms of citizens are becoming increasingly important, it is necessary to understand how changes in legislation will affect the implementation and protection of these rights and freedoms, as well as the functioning of the judiciary as a whole. In this regard, the study of judicial constitutionalism in the context of the 2020 amendments is an urgent task that requires in-depth analysis and reflection. Purpose. Analysis of judicial constitutionalism in the era of constitutional changes; changes in the powers of the Constitutional Court of the Russian Federation, which makes it possible to assess the effectiveness of its work in the light of the implementation of new tasks. Materials and methods. A theoretical analysis of the concept of "judicial constitutionalism", an analysis of various points of view of leading constitutional scholars on this issue, as well as an analysis of normative legal acts that address issues of judicial constitutionalism. The study covers the period before and after amendments to the Constitution of the Russian Federation, paying special attention to changes in the structure and functions of the Constitutional Court of the Russian Federation. Results. It is shown that the constitutional amendments of 2020 had a significant impact on the effectiveness of judicial constitutionalism. The article provides an overview analysis of the changed functions of the Constitutional Court of the Russian Federation and changes in its competence. This makes it possible to assess how effectively the Constitutional Court of the Russian Federation is coping with new tasks and how this affects its authority and independence. Conclusions. The importance of judicial constitutionalism as an element of the protection of human and civil rights and freedoms, as well as its role in the formation of legal awareness in society, is emphasized. This article is aimed at a comprehensive study of judicial constitutionalism in the context of constitutional amendments, the results of which will allow not only to understand the current changes in the legal system, but also to identify possible directions for its further development.
The regime of legal protection of multimedia products under the legislation of the Russian Federation
Introduction. Among the objects referred to in Russian legislation, intellectual property and multimedia products remain the most uncertain result of intellectual activity (RID). The single mention of multimedia products in Article 1240 of the Civil Code of the Russian Federation without specifying what is protected as this object, the legal protection regime leaves a wide range of multi-media objects without proper legal protection. The increasing economic importance of multimedia products actualizes this issue. Purpose. Definition of the legal regime of legal protection of multimedia products based on Russian civil legislation. Materials and methods. The formal legal method is used to analyze the articles of part of the fourth Civil Code of the Russian Federation, court decisions on determining the elements and protecting multimedia products. The comparative legal method made it possible to compare approaches to the protection of multimedia products in the Russian Federation, the European Union and the USA. The system analysis method is used to consider multimedia products as a single system of interacting elements, determining the status of Internet sites and computer games as complex objects. The modeling method is the basis of reasoning about the prospects for the spread of the regime of copyright works on multimedia products. Results. The main drawback of studies that determine the legal regime for the protection of multimedia products as copyright works, we consider the unreasonable expansion of the position of the legislator set forth in Article 1240 of the Civil Code of the Russian Federation. The creation of a multimedia product is ensured by the organizer, which can be not only individuals. Like manufacturers of phonograms, databases, programs of ethereal and cable broadcasting organizations, the legislator is not recognized as copyright to the creation of the organizer to create a multimedia product. The nature of the exclusive right arising to the multimedia product is like related rights. The organizer of the multimedia product becomes the copyright holder of the derived exclusive right to the new composition of previously created RID. Conclusions. A mixture of “multimedia products” and “multimedia works” in modern legal literature distort the meaning of Art. 1240 of the Civil Code of the Russian Federation. The use of the author’s work regime for the protection of multimedia products violates the legitimate interests of copyright holders of other RID, which may be included in the multimedia product because of digital modification. The development of stable criteria of multimedia products in conditions of rapid growth of multimedia technologies will lead to their rapid obsolescence. In addition, there is a threat of restriction of creativity. The narrow frames will force the creators to “adjust” their Reed for legislative requirements. A specific list of criteria of multimedia products can be established in updated technical standards. A variety of judicial practice can be reduced by endowing the court on intellectual rights by the authority to explain in the new categories of cases.
The specifics of public administration development in the context of modern digital transformation
Introduction. Modern processes of digital transformation have a significant impact on all aspects of public administration, creating new challenges and opportunities to improve its efficiency and transparency. At the same time, digitalization poses the need for states to adapt legal mechanisms to the rapidly changing socio-economic conditions dictated by technological progress. Purpose. The authors of the scientific article aim to explore the peculiarities of reforming public administration in the digital age, conduct a theoretical and legal analysis of international and domestic practices, and develop an original approach to adapting management processes to the challenges of digitalization. Special attention is paid to the study of the role of law as a key instrument for regulating digital transformation aimed at balancing innovative development and the protection of public interests. Materials and methods. The methodological foundation of the study combines theoretical and applied approaches, including systems analysis, a comparative method for studying international practices, and content analysis of legal frameworks, analytical reports, and academic publications. In the context of the legal aspect, methods of legal interpretation were employed to identify the challenges and prospects for the legal accompaniment of digitalization. Results. The analysis revealed the main advantages of using digital technologies in public administration: increased transparency, reduced service delivery time, and improved interactions between government agencies and citizens. Simultaneously, it was determined that the development of digital governance requires the improvement of legal regulation to ensure data protection, procedural transparency, and the prevention of abuses. To address these issues, adaptation tools have been proposed, such as the development of educational programs for civil servants, the creation of regulatory "sandboxes" for testing innovations, the development of a digital public administration ecosystem, and the implementation of mechanisms to reduce the digital divide. Special attention has been given to the preparation and updating of legal norms regulating the aspects of digital transformation, which will help avoid legal gaps and enhance governance efficiency. Conclusions. The scientific article emphasizes the importance of integrating modern technologies and taking a comprehensive approach to organizing the digital transformation of the state apparatus. The analysis of the legal aspect revealed the necessity of creating a universal and flexible normative framework capable of responding to technological changes and ensuring legal guarantees for the protection of the interests of all governance participants.
Constitutional and legal challenges of electoral digitalization: remote electronic voting in the focus of law
Introduction. In the context of the digital transformation of public power, the field of exercising electoral rights is acquiring a new legal dimension that requires a constitutional and legal rethink. Remote electronic voting is becoming a legal form of exercising active suffrage, while its legal nature and permissibility should be assessed in terms of compliance with basic constitutional principles. The expansion of digital mechanisms for the expression of citizens' will entails the need for strict regulatory enforcement of guarantees of freedom, equality and secrecy of voting. Purpose. Constitutional and legal analysis of remote electronic voting as a form of implementation of active suffrage in the context of a large-scale digital transformation of public power. Materials and methods. The object of the study is the legal consequences of the introduction of electronic forms of expression of will, as well as their compliance with the fundamental principles of the democratic electoral process. The main sources used are the normative legal acts of the Russian Federation, the legal positions of the Constitutional Court of the Russian Federation, foreign judicial practice (in particular, the precedent of the BVerfG in 2009), as well as the scientific works of domestic and foreign researchers devoted to the digitalization of public power and electoral procedures. The methodological basis consists of comparative legal, formal legal, logical-systemic and institutional methods. Results. During the analysis of the stated topic, it was found that the current legislation in the field of remote electronic voting is fragmented, does not provide a sufficient level of legal protection of citizens, certainty, transparency and procedural guarantees. The article substantiates the need for a comprehensive legal and organizational modernization of electoral legislation in order to harmonize innovative technologies with fundamental constitutional principles. Remote electronic voting is considered as an important and necessary, but risky instrument of electoral modernization, the implementation of which requires institutional consistency, regulatory clarity and a high level of digital reliability. Conclusions. In the context of the digital transformation of public power, remote electronic voting is not only a technological innovation, but also an institutional challenge that requires a systematic constitutional and legal understanding. Further development of the institution of electronic voting should be based on the constitutional model of elections, focused on ensuring public trust, legal predictability and legal responsibility. The conceptual approach to digitalization of elections requires the coordination of technological solutions with fundamental constitutional principles, which implies not a ban, but the normative integration of innovations into the framework of the rule of law.
Novelties of Russian electoral legislation in the era of digitalization: problems and prospects of application
Introduction. Practically no electoral cycle in post-Soviet and modern Russia is complete without amendments to existing regulatory legal acts, or without the repeal of invalid and new laws and by-laws regulating the institution of electoral law, various stages of the electoral process, and elections of public authorities from municipal to federal levels. This trend can be explained both by the fact that the types of electoral legal relations are changing, during which the will of voters and the formation of various institutions of direct democracy are taking place, gaps in electoral legislation are being eliminated, and by the lack of stability of electoral practices. Purpose. Research and evaluation of innovations in the domestic electoral legislation of 2020-2025, their problematic aspects and prospects for further reform. Methods. The research is based on various methods of scientific knowledge, such as formal-dogmatic, comparative legal and logical methods, which are used to systematize and analyze the novelties of Russian electoral legislation, their interrelation and interdependence with the digitalization of the electoral process in modern Russia. Results. An assessment of the novelties of the domestic electoral legislation for the period 2020 – 2025 is presented, their testing in federal and regional elections is analyzed, the advantages and problematic aspects of their implementation are identified, and proposals aimed at their further improvement are made. Conclusions. In the course of the conducted research, it was found that the reform and improvement of the domestic electoral system and electoral legislation, which began in the 1990s, continues to the present day, and contributes to a constructive dialogue between the public administration and society. In order to further improve the domestic electoral system, it is necessary to detail in the norms of federal legislation the procedure for remote (outside the walls of polling stations) voting and determining the results of the expression of will, the procedure for identifying and authenticating mobile voters, guarantees of compliance with the principles of equality and secrecy of expression. Proposals are being made aimed at regulating at the federal level the process of public control and monitoring of the electronic remote voting process with the possibility of attracting and training observers from officially registered socio-political, human rights and other organizations at the expense of budgetary funds, which will increase the level of voter confidence in innovative practices and technologies being introduced into electoral practice.
The problems of public-law regulation of traditional institutions of democracy by E-technologies
Introduction. With the development of digital technologies in modern society, there is a significant evolution of democratic processes. Electronic technologies represent both new opportunities for citizens to participate in public administration and serious threats to the stability of traditional democratic institutions. Purpose. Analysis of the problems of public law regulation of traditional democratic institutions in the context of the use of electronic technologies. In particular, the paper examines the impact of digital technologies on electoral processes and their dual role – both as an opportunity to increase citizen participation in governance and as a threat to the stability of democratic institutions. Materials and methods. The study uses a variety of methods, including dialectical, system-structural and sociological approaches. The main materials of the study are actual legislative acts, analyses of electoral processes and data on the functioning of electronic platforms, such as the Unified Portal of State Services (UPSU), Digital voting station, «Mobile Voter», «InformUIK», remote electronic voting (REV) systems, etc. The empirical base includes statistical data on the functioning of electronic platforms, such as the Unified Portal of State Services (UPSU), «Mobile Voter», «InformUIK», remote electronic voting (REV) systems and others. The empirical base includes statistical data of the Central Election Commission of the Russian Federation and scientific publications in the field of electoral law. Results. The article shows that electronic technologies in the electoral process can both improve the accessibility of voting and raise serious concerns about the security and transparency of elections. Examples of successful use of digital services, such as Mobile Voter, which has greatly simplified the voting process, and the use of PPGU to collect candidate signatures are discussed. However, existing shortcomings are also identified, including uneven development of services and high risks of data manipulation. Conclusions. Further digital transformation of the electoral process can increase the efficiency and transparency of elections. However, an important aspect remains the need to adhere to traditional voting methods to ensure accessibility for all citizens. To successfully regulate e-democracy, the State should develop measures aimed at increasing trust in digital services and minimizing the risks of unauthorized access to data. It is necessary to intensify public discussion and the legal consolidation of new technologies in the electoral process.
Organizational and legal support of the electoral process in Russia in the context of digitalization
Introduction. The modern development of the electoral process in the Russian Federation is taking place in the context of the deepening digital transformation of public administration. The introduction of remote electronic voting, automation of voter registration procedures and data processing based on information systems are becoming part of a sustainable institutional practice. However, such changes affect not only the technological aspect. They affect the legal guarantees of the exercise of electoral rights, creating the need to rethink the existing model of organizational and legal support. Purpose. Identification of the institutional and regulatory conditions necessary for the formation of a sustainable model of the digital electoral process while maintaining democratic legal standards. Methods. The article applies formal-legal, institutional, and comparative legal methods. The analysis is based on the provisions of current legislation, official documents of the Central Election Commission, regional legal acts, and scholarly doctrine. Results. It has been established that the modern regulation of the electoral process in the context of digitalization remains fragmented. Digital tools are used without forming a holistic regulatory model. The risks of violating the principles of voting secrecy, legal certainty and transparency caused by technological intervention are identified. Directions for improving legislation are proposed, including consolidating the legal regime of digital platforms, institutionalizing digital surveillance, and developing guarantees for alternative voting. Conclusions. It is necessary to consolidate the mechanism of alternative forms of voting in federal legislation, however, the introduction of digital technologies cannot mean abandoning traditional forms of expression of will. Institutional solutions should provide for the expansion of the competencies of election commissions in the field of digital literacy. In general, the development of legislation and institutional mechanisms in the field of digitalization of the electoral process should ensure a balance between technological capabilities and the preservation of democratic legitimacy.
Jurisprudence: "scissors" between theory and practice
Introduction. In the early 90s of the 20th century, the system of ideological restrictions collapsed, one could expect the rapid development of legal science and the receipt of completely new results – if we talk about criminology, then first of all, in the field of the doctrine of the personality of the criminal and the causes and conditions of crimes. Alas, nothing like this happened: apart from cosmetic updates of existing theories, there are no revolutionary breakthroughs in scientific research. Intensive qualitative and quantitative changes in crime require new approaches to familiar legal and criminological categories in order to eliminate the "scissors" between scientific postulates and law enforcement practice, which essentially displaces theory or dissociates itself from it. Purpose. Substantiation of the need for changes in legal science and practice due to the existing "scissors" between law enforcement practice and legal science. Theoretical foundations. The development of legal studies has the character of a "layering" of theoretical knowledge: a certain amount of information, not very actively replenished and poorly updated, passes from textbook to textbook, from article to monograph, from monograph to dissertation. Crime is changing more intensively, therefore, the nature and practice of applying the laws of the "new normal" requires a "fresh" look at the previous legal and criminological categories, which, upon careful examination, look by no means the same as they have been accustomed to over the past decades, especially since categories of the criminal world appear in the legal sphere. Results. The adoption of Article 210.1 of the Criminal Code of the Russian Federation necessitated the study of the concepts of the criminal world. The erroneous theory of the "insecurity" and "anxiety" of the criminal's personality needs to be changed. A law-enforcing law "On necessary defense" is needed. Criminalization and decriminalization of any acts should have a criminological basis, and not be subject to momentary conjuncture. There are violations of the hierarchical vertical of regulations when those below contradict those above, including the Constitution of the Russian Federation. A number of measures are proposed to eliminate such "scissors". Conclusions. Explicit "scissors" between law enforcement practice and legal science are unacceptable, and their elimination is the primary task of science and practice. The author considers it necessary to combine theoretical and practical legal categories within the framework of a new, practical criminology, the creation of which seems to be an urgent task.
Аdmissibility of evidence and other violations of the criminal procedure law
Introduction. The article analyzes modern approaches to assessing the admissibility of evidence in criminal proceedings in the context of compliance with the principles of criminal procedure and the criteria of admissibility formulated in the science of criminal procedure. According to the author of the study, the current situation related to legislative regulation does not seem to be quite perfect and requires changes in terms of determining the criteria for admissibility and other characteristics. Purpose. The study of the issues of the admissibility of evidence in relation to the observance of certain principles of the criminal process and the justification of the legislative regulation of the inclusion of rules for verifying the admissibility of evidence in the current criminal procedure legislation. Materials and methods. The research used empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods: systematic, grammatical and logical interpretation. Special legal methods: formal legal. The theoretical basis of the research was the works of Russian procedural scientists, as well as the results of the study and analysis of investigative and judicial practice materials. Results. The lack of uniformity in the understanding of key principles of the criminal process, such as the right to defense and the language of the proceedings, influencing the decision on the admissibility of the testimony of the accused, has been established. The necessity of legislative regulation of the rules for verifying the admissibility of evidence in the criminal procedure law is formulated. Conclusions. Current law enforcement practice requires additional interpretation of the essence of the principles of the right to defense and the participation of an interpreter, including when deciding whether the testimony of the accused is acceptable as evidence. Also, the need for legislative inclusion in the criminal procedure legislation of the rules for verifying the admissibility of evidence is substantiated and an appropriate wording is proposed.
Fraud in the digital space and its features
Introduction. Scientific and technological progress, defining an appropriate "new stage of development" that improves people's lives in terms of accessibility of achievements to a wide range, generates the use of information technology by criminal elements of society. In this regard, the growth of crime based on the use of digital technologies is inevitable, which is confirmed by the relevant reports of the law enforcement system. The relevance of the problem under consideration is confirmed daily by publications in the media about the number of thefts and frauds committed against citizens using information and telecommunication technologies. Purpose. To characterize the features of fraud in the computer sphere, to identify key aspects of the development of legislation on cybercrime. Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem. Results. The article reveals the concepts and designates the relevant introduced norms, which are protected by legislation in the field of information protection, and explains the reasons for the need to differentiate responsibility for fraudulent actions related to personal data. In addition, a systematic analysis of the main types of fraud on the Internet was carried out, which confirmed the relevance and relevance of the topic under consideration. Conclusions. Modern Russian criminal legislation is facing a major challenge: the need to quickly develop and implement an effective mechanism for the suppression and prevention of cybercrimes, which will inevitably appear due to the rapid development of technology. To date, Russia has already implemented a wide range of measures aimed at combating cybercrime, but these measures, as a rule, focus on the "physical" component – on the control of couriers, service infrastructure and equipment. However, the world of cybercrime is much more complex and multifaceted than just hardware and wires. The creation of specialized government agencies and cyber forces is undoubtedly an important step towards becoming a secure State. An important stage in this area of work was the creation on October 11, 2022 of the Office for the Organization of the Fight against the Illegal Use of Information and Communication Technologies. However, it is important to remember that this is only part of the solution to the problem, since the work of this department requires continuous improvement of legislation, its testing in law enforcement practice and adaptation to the rapidly changing conditions of cyberspace, as well as close cooperation between government agencies, the banking sector and the international community for the rapid exchange of information and joint, fruitful work on prevention cyber threats (cyber-attacks). Without a comprehensive approach combining technological, legal and human aspects, achieving real cybersecurity will remain a difficult and long-term task for our state.
On the issue of the organization of medical care for persons serving forced labor in correctional centers
Introduction. Any citizen of our country, according to the constitutional provisions, is entitled to medical care and health protection. At the same time, for those who have been convicted and sent to serve forced labor in correctional centers and sections of correctional centers operating at enterprise facilities, the implementation of this right is complicated by a number of problematic issues. Purpose. Identify and characterize the problems that arise in the process of organizing medical care for persons serving forced labor in correctional centers and propose measures to eliminate them. Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem. Results. Difficulties arise regarding the organization of access to highly specialized specialists, especially those located outside the territory where the correctional institution is located. Equalization of the procedure for seeking medical help along with non-convicted persons often simply leads to the fact that convicts do not receive it on time, on the appointed day of the doctor's appointment, for example, due to the presence of a long queue and the limited working hours of the doctor. The above facts allow the author to believe that there is an urgent need to introduce this type of medical worker into the staff of correctional institutions. Conclusions. An important aspect today is the absence of prohibitions at the legislative level regarding the serving of sentences by persons with socially dangerous diseases, which poses a threat to the health and quality of life of both other persons sentenced to forced labor and employees of the above-mentioned correctional institutions. In addition, a negative state of health in itself hinders the quality of work, which contradicts the very essence of forced labor. Based on this, and based on the positive experience of some States, the author is convinced of the objective need to establish an appropriate prohibition at the legislative level. In addition, it is also legally necessary to determine which diseases are socially dangerous.
Assessment of the effectiveness of the investigative units at the district level: from the complexity of the criminal case to the timing of its investigation
Introduction. The article is devoted to the analysis of modern approaches to assessing the effectiveness of the investigative units of the Ministry of Internal Affairs of the Russian Federation in the context of the categories of "complex" and "simple" criminal cases in relation to the timing of its investigation. According to the author of the study, the current system for evaluating the work of investigative units of the Ministry of Internal Affairs of the Russian Federation, established in accordance with the Order of the Deputy Minister – Head of the Investigative Department of the Ministry of Internal Affairs of the Russian Federation, Colonel-General of Justice Lebedev S.N. No. 1/8120 of July 19, 2021, does not seem objective and requires changes in terms of differentiating criminal cases into categories of "complex" and "simple" depending on the number of defendants, the number of episodes of criminal activity, the qualification of the crime, the procedural behavior of participants in criminal proceedings and other characteristics. Purpose. Substantiation of the relationship between the effectiveness of the investigative units of the Ministry of Internal Affairs of the Russian Federation and the complexity of the investigation of criminal cases under investigation and the timing of their investigation. Methods. Empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods: systematic, grammatical and logical interpretation. Special legal methods: formal legal. Mathematical methods: the method of mathematical induction, mathematical deduction, mathematical analysis. The theoretical basis of the study was made up of the works of Russian legal scholars, as well as the results of the study and analysis of 4,997 criminal indictments that were under investigation by investigators of the Ministry of Internal Affairs of the Russian Federation. Results. The lack of objectivity in assessing the activities of the investigative units of the Ministry of Internal Affairs of the Russian Federation, the failure to take into account the relationship between the complexity and procedural timing of the investigation of criminal cases, has been established. A direct relationship has been established between the characteristics of the criminal case (the number of defendants, the number of episodes of criminal activity, the qualification of the crime, and the procedural behavior of participants in criminal proceedings). with the terms of the investigation of the criminal case. Conclusions. The current assessment of the effectiveness of the investigative units at the district level is biased and needs to be adjusted. Departmental assessment of the timing of the investigation of a criminal case does not always allow us to draw a conclusion about the effectiveness (inefficiency) of the work of the investigative unit of the Ministry of Internal Affairs of the Russian Federation at the district level. Management decisions made based on an assessment of the activities of the investigative units of the Ministry of Internal Affairs of the Russian Federation at the district level cannot be objective due to the imperfection of the relevant indicators.
Free legal aid in the penitentiary system: development prospects
Introduction. Due to its importance, the institution of providing free legal aid to convicts is often discussed in scientific circles, but there are a number of issues that have not been legally regulated. They are related to the quality of its provision, territorial accessibility, and modernization of the service itself. In this regard, we would like to emphasize that legal aid is a more comprehensive concept, which includes legal education, which has not reached a new level in modern conditions of digitalization in places of detention. Purpose. To describe the procedure for providing legal information to persons in institutions of the penal system, to formulate proposals for improving the effectiveness of legal assistance to convicts. Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem. Results. The existing information terminals of correctional institutions are often not connected to legal reference systems or are connected with minimal access. In such circumstances, convicts are limited in their right to access information of a legal nature, guaranteed in the basic law. It seems reasonable for persons who are in places of deprivation of liberty or who are being held in pre-trial detention facilities to have access not only to basic and mandatory legislation, but also to other regulations affecting: living conditions and medical care; labor activity (for convicts), etc. Conclusions. An important issue is the availability of legal aid to convicts located in remote territories, where the nearest lawyers are located tens of kilometers away. The author believes that there is a practical need to provide free legal aid in a remote format, which should be provided by a correctional institution at the request of a convicted person.
Use and development of high information technologies in criminal procedure of foreign Asian states: Singapore, Kazakhstan, People's Republic of China
Introduction. The digitalization of judicial systems is becoming a global trend aimed at increasing the accessibility, speed and transparency of justice. The article examines the experience of Asian countries – Singapore, Kazakhstan, and China – in integrating information technology into criminal proceedings. The relevance of the topic is due to the need to adapt modern technological solutions in Russian legal practice. Purpose. To conduct a comparative analysis of the introduction of information technologies into the criminal justice system in Singapore, Kazakhstan and the People's Republic of China in order to identify effective digitalization models, assess their advantages, risks and adaptation opportunities in the Russian judicial system. Methods. The methodological basis was made up of comparative legal analysis, the study of legislative acts, judicial practice and scientific publications. The data from open sources, including government portals, scientific articles and reports, were used. The methods of systematization, classification and critical evaluation are used for the analysis. Results. The article is devoted to the analysis of the introduction of information technologies in the criminal proceedings of Singapore, Kazakhstan and the People's Republic of China. The author examines the key aspects of the digitalization of judicial systems: the use of electronic document management, videoconferencing, artificial intelligence and online platforms. Particular attention is paid to legislative reforms aimed at increasing the transparency and effectiveness of justice. The article highlights the advantages and risks of technological innovations, such as reducing the time required to consider cases, minimizing corruption risks, and ethical issues related to the use of artificial intelligence. A comparative analysis of the experience of the three countries has been conducted, and recommendations have been proposed for adapting best practices in the Russian judicial system. Conclusions. Digitalization of criminal proceedings increases transparency and speed of processes. It is advisable for the Russian Federation to introduce a unified judicial practice platform based on the Singapore model and to develop online interaction with participants in the process. The ethical risks of using artificial intelligence require the development of regulatory constraints.
Contribution of professor Sh. B. Magomedov to the development of national jurisprudence
Introduction. Shikhtimer Bashirovich Magomedov is an outstanding Russian legal scholar, whose scientific and pedagogical work and professional path are inextricably linked with Dagestan State University. The modern appeal to his scientific and pedagogical achievements is aimed at understanding the contribution to the scientific school of law that developed in the region during the Soviet period and is continued today by the Law Institute of Dagestan State University. Purpose. To characterize the main activities of the Russian scientist Sh. B. Magomedov, his professional contribution, and his dominant role as the organizer and inspirer of the modern Dagestan school of constitutional law. Methods. The biographical method based on various constructive theories of professional and creative direction is applied. The factual basis of professional activity is formulated using separate professional characteristics of the biographical method applicable to the personality of a famous scientist and organizer. Results. A brief professional biography is presented and a review of some scientific studies of the famous Russian legal scholar Professor Sh.B. Magomedov, who made a significant contribution to the development of the Dagestan scientific school of law, which is an integral part of the unified Russian scientific world, is conducted. The article presents some achievements of the Law Institute of Dagestan State University, which occupies one of the leading positions in Southern Russia in matters of legal education and science. The importance of Dagestan State University as a methodological center for other regional universities is highlighted, including practical assistance to the Chechen State University in the process of its revival (2001-2006) and the formation of legal science on the basis of this university. The author highlights certain achievements of the Law Institute, which is not only a leading scientific, pedagogical and research unit of Dagestan State University, but also a scientific center of legal thought, whose activities are permanently focused on raising the level of legal culture of the population, educating young people in the spirit of patriotism, intolerance to extremist, terrorist and other destructive phenomena. A basic biographical and creative characteristic of a modern Russian scientist has been created, combining the qualities of a skilled professional organizer and conductor of the scientific and educational process in the Republic of Dagestan. Conclusions. The professional approach of Professor Sh. B. Magomedov at the scientific and methodological organization of the DSU Law Institute to the formulation and solution of the most pressing and promising industry issues in jurisprudence contributed to the well-deserved recognition in our country of the merits of the Dagestan scientific and educational school of law. Under his leadership, a number of research units are successfully operating on the basis of the DVSU Law Institute. The article focuses on a wide information and educational coverage in the scientific and pedagogical environment among both novice researchers and reputable legal experts, in order to form a stable element of knowledge of the achievements of senior colleagues and mentors, build a vertical line of succession, respect for the work and contribution of colleagues who have made a significant contribution to the development of domestic jurisprudence in the South of the Russian Federation since early 90s to the present.
Life in science and for science (for the Anniversary of P. P. Baranov)
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