PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE
The modern legal environment is focused on the high need for multifaceted legal creativity, which is so necessary in the conditions of an intensively developing society. The development of society (especially in continuous contact interaction of its members) is inevitably associated with its needs, which give rise to obligations. Objectively, this is due to the development of this type of legal activity in the socio-legal society. At the same time, an inextricable connection between legal creativity and legal culture is clearly observed. But at the same time, the existing boundary paradigms in law do not allow to fully implement the most needed here and now philosophical and legal innovations, arising as a result of legal creativity, which cannot always withstand the pressure of boundaries.
The article gives a general assessment of the issue of the need to expand the boundaries of creativity in jurisprudence. Legal culture has such specificity that it does not fully coincide with any type of culture: spiritual, political, material. But being a unique form of harmonious development of the individual, the most noticeable general social progress is achieved through it. Masterpieces of legal creativity, subsequently recognized by humanity as a global heritage, were initially created in the bosom of the national cultural environment, transforming from an idea of local significance into more voluminous substances in philosophical content and practical application. The importance of the modern Russian model of philosophical and legal thought and the history of political and legal doctrines, when the ideological confrontation between Russia and the West is aggravated, makes it necessary to intensify various searches for the correct model of philosophical and legal thought that will retain its practical relevance for many years. The article attempts to discuss which tasks, derived from the very immutable nature of law, deserve attention from the famous Russian legal scholar D. Yu. Shapsugov. Analyzing the current legal reality, he, in the "Iering" manner, acts as a harbinger of the emergence of something new in jurisprudence. Indifference to jurisprudence as such underlies his deep reasoning. Going beyond the boundaries of positivistic views. Legal reality should be successfully formed under the influence of various ideas. Each subsequent era of the evolution of law and legal science sees and positions itself within the boundaries of its legal and psychological society, its fundamental concepts and normative culture of the necessary or obligatory legal order. And therefore the emergence of new ideas that turn into teachings is a natural process. The positivist version of understanding law by the first quarter of the 21st century has apparently exhausted its analytical resource and needs new approaches. It is these approaches with deep academicism that we observe in the works on the philosophy of law of D. Yu. Shapsugov and a number of other colleagues who work tirelessly in this vein
Temporary exemptions in Russian legislation applied in the North Caucasus are a complex and little-studied phenomenon reflecting the centuries-old history of interaction between the Russian centralized government and the numerous and distinctive peoples of the region. This article, which is devoted to temporary exemptions, examines not only the formal aspects of imperial legislation, but also the deep social, cultural and political processes that demonstrated the process of adapting the customary law of the peoples of the North Caucasus into the Russian legal system. Historically, the development of the North Caucasus was accompanied by significant resistance from the local population. For centuries, the existing customary law, based on complex family ties, beliefs, religious beliefs and ideas of justice, contrasted quite sharply with the centralized and codified Russian legal system.
It must be recognized that the Russian autocracy in various periods, with varying degrees of effectiveness, resorted to compromise, using temporary exemptions from imperial legislation. These exemptions allowed for the application of certain norms of customary law, provided that they were organically consistent and consistent with Russian legislation. It is important to note that the conditions of application were quite vague and largely depended on the political situation. The practice of applying temporary exemptions was not uniform. Depending on the region and ethnic group, some temporary exemptions were formal in nature, while others played a significant role in regulating public relations.
The current situation in the North Caucasus demonstrates that the problems of integrating customary law and current legislation remain relevant. In this regard, further research on temporary exemptions is not only of historical importance, but also extremely important for building an effective legal system in the North Caucasus that would take into account the specifics of the region, taking into account the diversity of cultures and traditions.
The domestic communicative theory of law, developed by Doctor of Law, Professor Andrei Vasilyevich Polyakov, is an achievement of modern scientific thought not only in the field of theory, but also in the philosophy of law, since it allows combining in the process of scientific knowledge the features of the object of knowledge, subjective perception based on cultural, value and ideological guidelines and attitudes and a variety of scientific approaches. The significance of the communicative theory for the development of modern legal science determines the purpose of this study - to analyze the current view of modern society, law and scientific knowledge as self-developing and self-organizing systems under the prism of the communicative approach.
For the purposes of this study, various general scientific methods of cognition were used. In particular, logical methods made it possible to analyze the historical types of scientific knowledge and legal understanding, and the systems approach determined the place of the communicative theory of law in the system of legal science.
Scope of application of the results: the perception of law as a phenomenon with a complex legal structure, forming a self-developing system, and the definition of a single principle that reveals the essential multi-unity of law, allow us to formulate new approaches to modern scientific knowledge (post-non-classical science).
Conclusions: a holistic view of law is formed within the framework of the communicative theory of law as a type of integral legal understanding through the integration and synthesis of jusnaturalism, sociological understanding of law and social phenomenology. The communicative approach allows us to consider law both as a state and as a social phenomenon, independent of the normative-state expression of will, and representing a system of legal communications. At the same time, the multiunity of law and the reproduction of a holistic theoretical idea of legal reality is achieved through the use of a two-dimensional model of combining the ideal semantic essence of law and the real diversity of law (forms and types of law) as the “unity of the ideal and the real”.
Relevance. The publication is devoted to the development of the main provisions of the theory of legal activity. The directions of evolution of the legal system of Russia have found their embodiment in many phenomena of legal reality, including legal activity, and the most significant factors influencing the branch of legal works, the legal development of the country, are the tendencies of humanization, democratization, integration, causing changes in the content, forms, goals and other elements of legal activity.
The purpose of the article is to understand the theoretical and methodological foundations of legal activity, the state and prospects of development in the context of the formation of civil society, a socio-legal state, the transformation of the legal system of Russia in the context of its global and Eurasian integration, the preservation of the originality of national law. The purpose of the study determined the definition and solution of the following scientific problems: a) to analyze and summarize the results of legal research of legal activity, identify existing gaps, determine the problems of further study; b) to systematize the methodological approaches of general theoretical studies of legal activity; c) to determine the features of the activity approach and reveal its methodological possibilities for research of legal activity; d) identify and characterize the historical sources of the emergence and development of the professional activity of lawyers; e) determine the dominant properties, social and legal determinacy, and develop an appropriate definition based on the analysis and generalization of general theoretical and other legal studies of legal activity; f) identify changes in the structure, functions, and conditions for the typology of legal activity, taking into account the development trends of legal science and the legal reality of Russia; g) disclose the content of the concept and basic principles of legal practice, systematize its features that have a scientific, theoretical, and normative-legal origin; h) determine the main functional purpose of the practical activity of lawyers in accordance with the role of law in society; i) clarify the existing classifications of types and forms of legal practice, on the basis of which determine the feasibility of identifying new classification criteria; j) characterize the features of legal activity in different legal systems; k) determine the prospects for the professional activity of lawyers in accordance with the directions and trends in the development of the legal system of Russia.
Materials and Methods. The article uses the following methods: dialectics, hermeneutic, historical, structural-functional, systemic, active, classification, comparison, special legal, legal modeling.
Results. The work examines the level of development of the problem, modern approaches to defining the concept and legal activity is defined as a type of legal activity carried out on a professional basis by lawyers; its structural and functional characteristics are clarified, certain constituent elements of the content are analyzed; the scope of practical activity of lawyers, which is linked to the solution of specific legal cases, is separately considered, types of legal work, main tasks, principles, functions are specified. Legal activity is also considered in the applied aspect, taking into account the analysis of the state of development of the legal system of Russia.
Conclusions. The opinion on the immediacy of the connection between the typological features of the legal system and the peculiarities of the implementation of legal activity is substantiated. The most important problems of implementing certain types of legal work, as well as ways to eliminate them, are analyzed. Possible prospects for the development of the legal profession in Russia are outlined, based on the nature of the development of the national legal system, attention is paid to the peculiarities of the implementation of legal activity in the conditions of individual types of national legal systems.
The article examines the issues of the formation of the railway police of the Ukrainian SSR in the early years of Soviet power. The application of the experience of Soviet Russia, as well as the widespread use of its legislative acts, in the organization of the construction of the railway police in Ukraine is noted. The normative legal acts adopted by the authorities of the Ukrainian SSR for the purpose of forming the railway militia, defining its structure and functions, are highlighted. It is determined that the formation of the railway militia on the territory of the Ukrainian SSR during the formation of Soviet statehood was due to external and internal factors, among which it is necessary to highlight such as foreign policy tensions, internal armed confrontations, social tension, an increase in the criminogenic situation, an increase in crime on transport communications. It is established that the activities of the railway police of the Ukrainian SSR were based on common basic principles and organizational and legal foundations, principles approved and tested by the RSFSR. The structure of the railway police was formed based on the linear model of railway transport management. A linear directorate of the railway police was created on each railway, to which the district and district departments of the railway police were subordinated. The direct implementation of all tasks assigned to the railway militia, its supply of uniforms, weapons, equipment and other types of prescribed allowances, as well as the direct fight against various criminal acts and political supervision within the precincts, was concentrated in the precinct department, headed by the chief. The precinct departments of the railway police were accountable to the district departments, which were accountable to the line departments.
The article examines the socio-ethical and legal vectors of the formation of legal regulation tools arising in connection with the use of gene therapy drugs and the procedure of experimental editing of the human genome. One of the most important factors in the development of the legal mechanism of regulation in the field of genetic technologies is associated not only with the need to protect the constitutional human rights to life, health, safety, privacy, personal and family secrets, but also with the presence of potential threats to society as a whole. Much attention is paid in the article to the relationship between the content of socio-ethical problems and the structure of the legal paradigm in the field of biopolitics, which is gradually forming in the Russian Federation, the USA and European countries. The explication of such a relationship, the definition of vectors for the development of this paradigm requires consideration of both the method of genetic modification of DNA and the means of gene therapy, as well as social and ethical problems arising after the use of gene technologies. The effect of CRISPR technology is based on the use of genetic mechanisms, its application can lead to irreversible consequences, the extinction of species of flora and fauna. The peculiarities of the formation of a legal mechanism for regulating relations in the field of genetic technologies are due to the fact that these problems are not realized. The formation of legal relations arises from already established social relations. Due to the specifics of the object of regulation of legal relations, a procedure of expert and public discussion is necessary. However, it is difficult in the context of the existing economic model, the activities of commercial organizations and lobbying for their interests.
PROBLEMS OF CONSTITUTIONAL, ADMINISTRATIVE AND INTERNATIONAL LAW
The author's interest in the topic of the article is caused by the fact that in the context of a new geopolitical reality, the process of transformation of the international tax order and, within its framework, the rules for taxation of profits of foreign digital companies is accelerating. In the article, the author analyzes and comprehends the problematic issues of the reform of international taxation carried out by the Organization for Economic Cooperation and Development (OECD) at the global level. The author gives an assessment of the International Approach to taxation of profits of digital companies developed by the OECD and implemented by it. The article also analyzes the author of a new approach proposed by the OECD to the distribution of global profits received by digital companies from the supply of digital products in the market of foreign jurisdictions for users of these products. In addition, the author identifies the legal grounds and expediency of introducing a tax on digital services by some states.
In order to achieve the goal of sustainable economic development of states, an effective solution to the problem of international taxation of profits of digital companies is becoming increasingly important. The global community of states and their tax administrations face a strategic task: to achieve a situation in which the international tax system will reflect all trends in the development of the digital economy. To achieve this goal, it is necessary to achieve coherence between the actions of States at the regional and global levels.
Due to the significant increase in the volume of activities of foreign digital companies, the digital business has increased the need to develop and implement a unified international approach to taxation of income of digital companies and primarily Multinational companies (TNCs) received from the supply or digital services (products) to the markets of foreign jurisdictions. In the context of the active development of the digital economy, scientists and practitioners faced a question that requires a clear answer – on what grounds and to what extent the procedure for taxation of corporate income within the digital economy differs from the procedure for taxation of corporate income in the traditional economy.
With the expansion of the scale of digital business projects, the number of the largest digital companies (the so-called giants) is growing, new digital facilities are being allocated, the number and geography of users' consumption of digital products is increasing, and the number of user contracts they conclude using digital company data is growing.
Long-term disputes over the doctrine and practical implementation of ideas on the need to systematize and harmonize Russian legislation on state and municipal service, including legislation on the service of the Cossacks, a number of officially approved and completely unrealized programs for reforming relations related to public service, have not led to the predicted desired results in this important socio-legal area. In this article, the authors substantiate the urgent need to bring the current Russian legislation on the civil service of the Cossacks in due accordance with the spirit and letter of the amendments introduced in 2020 to the Constitution of the Russian Federation and legalized the new legal institution "unified system of public authorities".
The authors believe that the optimization and harmonization of federal legislation on the state and municipal service of the Russian Cossacks is necessary and possible through the development and adoption of the Code of Public Service of the Cossacks, which would incorporate the entire array of normative legal acts regulating and regulating all issues of public service by registered Cossacks. The legal legitimization of the public service system and, in particular, the public service of the Russian Cossacks in modern conditions of functioning of the state and municipal service, together with the service of the Cossacks in other public authorities, is also presumed. The article formulates proposals and recommendations for the codification of the current regulatory legal framework of the public service of the registered Cossacks. In addition, individual publications on this topic have been subjected to constructive critical analysis.
The establishment of the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation is possible only with an integrated approach, taking into account theoretical knowledge and conclusions obtained during research conducted in various sciences in different historical periods. The problem of efficiency affects all branches of law. The effectiveness of the rules of law depends on a number of conditions. Important indicators are the transformations taking place in the state in various spheres. In order to increase the effectiveness of legal regulation of the studied acts, the features of the norms set out in the constitutions and charters of the subjects of the Russian Federation are revealed. The effectiveness of legal norms remains in the focus of attention of scientists not only in various branches of law, but also in other sciences. This approach demonstrates effectiveness, since its application in science makes it possible to highlight the constitutional and legal aspects of effectiveness most reasonably, and in practice provide an opportunity to develop measures aimed at improving the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation. The insufficiency of the effectiveness of the optimal model of constitutions and charters, which are an integral postulate of the rule of law, has been revealed. Proposals have been made aimed at improving the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation. The proposed possible classification option would make it possible to more effectively implement the effective development of the territories of the subjects of the Russian Federation in practical terms, and in constitutional and legal science it would be possible to introduce efficiency tools.
The modern architecture of international security is faced with the urgent problem of regulating armed conflicts, in which non-State actors such as private military and security companies (PMSCs) are gaining weight.
The role of PMSCs in modern conflicts generates serious legal discourses, undermining traditional normative frameworks. The operations of these companies often fall outside the scope of international law, the national legislations of the States in which they operate, and their countries of origin. This creates a regulatory gap, allowing PMSCs to operate outside legal restrictions. This state of affairs calls into question the effectiveness of existing mechanisms to ensure the safety and protection of civilians in conflict zones.
In order to develop an effective national legislative framework in this area, it is advisable to study international legal norms and foreign experience. This will make it possible to identify rational approaches to the regulation of PMSCs, including in the Russian legal field. It should be noted that the need to regulate PMSCs is not only a national problem, but also a topical issue of international law. This article analyses the international regulatory framework related to the regulation of PMSCs and suggests the most promising approaches to their regulation.
This article analyzes the international regulatory framework related to the regulation of PMSC activities and suggests the most promising approaches to their regulation. The study examines specific examples of the normative regulation of PMSC activities at the national level in various countries of the world. The analysis of these examples will reveal effective regulatory mechanisms and positive practices that can be adapted for the development of Russian legislation in this area.
Today, we can safely say that the state civil service is one of the most important institutions that ensures the implementation of public administration within the system of administrative and legal regulation. In modern realities, the requirements for the state civil service are constantly supplemented and improved. The essence of the state civil service is revealed through its principles. Despite the fact that a single approach to defining the principles of public service has not been adopted for the entire long history of the existence of the institution of public service, nevertheless, their key importance for the implementation of the institution of public service, as a rule, does not raise objections and even more so doubts. In this paper, we have considered several examples of scientific understanding of the principles of public service, and concluded that there is both scientific and normative content of the principles of public service. For many years, the entire system of public administration has been subject to reform. Despite the fact that the basic Federal Law "On the State Civil Service of the Russian Federation" has been in force for exactly 20 years, it is regularly amended. In recent years, a large number of by-laws have been adopted regulating the procedure for organizing and passing the state civil service. The state civil service primarily contributes to ensuring the foundations of the constitutional system and compliance with the Constitution of the Russian Federation, as well as the practical implementation of federal legislation and laws of the subjects of the Russian Federation. Constitutional and legal regulation determines the further development of legal regulation of all spheres of our life. It is the constitutional and legal foundations of the state service that allow us to understand the main directions of legal support for the state service. In this work, we came to the conclusion that we have been paying unreasonably little scientific attention to studying the implementation of the principles of state service in judicial practice. In this regard, it is important to analyze the legal positions of the Constitutional Court of the Russian Federation on issues of implementing the principles of state service.
PROBLEMS OF CIVIL AND BUSINESS LAW
In the context of today's challenges and threats, one of the priorities of state policy in Russia is the qualitative improvement of legislation in the field of inheritance law. The legal component in this area is the most important tool in the mechanism of transfer of property rights based on the norms of inheritance law, compliance with which relieves social tension and prevents domestic conflicts. The issues raised in this article are timely and very relevant, since in practice there are many problems, collisions of legal norms, inconsistencies between laws. Citizens sometimes cannot exercise their legitimate inheritance rights due to various formalities and gaps. A detailed study and development of theoretical provisions on the qualitative improvement of the legal registration of hereditary rights will allow us to develop a basis for making changes to he legislation in order to improve it, as well as to study in more detail the registration of hereditary rights in accordance with the civil legislation of the Russian Federation using the following methods: formal-logical, dialectical, system analysis and comparative legal. In order to achieve this goal, the author considers it necessary to solve the following tasks in order to develop recommendations for the qualitative improvement of current legislation in this area: a detailed review of the current legal regulation of inheritance rights; study of the current procedure for registration of inheritance rights, research of problems of legal registration of inheritance rights, as well as the development of proposals for solving problems of better registration of inheritance rights. Realizing these tasks, the author analyzes in the framework of this article the features and problems of the norms of law governing hereditary legal relations, protecting the rights of heirs, and suggests options for improving these norms.
Compulsory liability insurance for harm (artificial intelligence technologies) is a completely new phenomenon for domestic law. At the same time, the experimental legal regime is nothing more than a special procedure for legal regulation, which is aimed at introducing digital innovations into the Russian economy and has certain restrictions regarding the subject composition, as well as in space and time. The conclusion is formulated that the property interest of the subject of responsibility for causing harm in this type of insurance legal relations consists in neutralizing the negative consequences of a property nature, which are associated with the onset of civil liability for causing harm to artificial intelligence. The article makes proposals for amending the legislation, which may consist in introducing norms on causing harm to artificial intelligence (and insuring liability for causing it) not only to the life and health of individuals, the property of legal entities, but also to natural objects, as well as the environment as a whole.
The article is devoted to the reviewal of the peculiarities of legal status of the public-law entities as the participants of the entrepreneurial civil law relations.
Nowadays, due to the sanctions imposed on the residents of the Russian Federation and withdrawal of the potential foreign partners by the foreign countries the private law entities face new difficulties when carrying out entrepreneurial activities; considering this, the issue of making the relations with public-law entities economically viable is of the special relevance. A detailed examination of the legal status of the private law entities will help to set the basis for unleashing the potential of the private law entities and can affect positively on the country’s economy in the longer term.
The main goal of the study is the examination of the legal status of the public-law entity as the participant of the entrepreneurial civil law relations. The author is committed to discovering the aspects that affect negatively the participation of the examined subjects in civil relations. General scientific methods (analysis, synthesis) were used when conducting the study. Special juridical method (the formal legal one) was also used in the study.
Resulting the study, the author concludes that the public-law entities have a special legal status and are characterized by the features that are non-specific to other participants of the civil relations.
The relevance of the topic is due to the lack of a systematic approach in the legislation regarding the mechanism of ignoring the principle of limited liability of founders (participants) of business companies and the parallel judicial practice that is being formed in this area, which develops general provisions on the inadmissibility of abuse of law and certain provisions of corporate and bankruptcy law.
The authors substantiate the lack of structure and futility of the approach of applying the doctrine of "removing the corporate veil", based entirely on the paradigm of abuse of law. The research includes three stages.
Firstly, recognizing corporate control as a constituent element of the doctrine of "removing the corporate veil", the authors consider its place in the dynamics of legal regulation through the prism of the theory of legal relations and legal facts.
Secondly, judicial practice is being studied, demonstrating the implementation of legislative regulation in the studied plane on examples of courts overcoming the principle of limited liability of participants in business companies, including cases of using the structure of a legal entity to deceive creditors, undercapitalization of a company and mixing its capital with the capital of participants.
Thirdly, having discovered a "break" in the dynamics of legal regulation when using the tools proposed by judicial practice, which primarily include the evaluative ideology of good faith, the authors model the "deployment" of the essence of a legal entity to the moment when it is influenced by excesses of volition in a corporation. In this connection, conclusions are drawn about the relationship between the independence of a legal entity, the "removal of the corporate veil" and corporate control.
Based on the results of the exploration, a position is made on the need to recognize the methodology of application of Article 10 of the Civil Code of the Russian Federation as temporary and the need for the development of a general generic regulatory regulation in the field under consideration.
The article examines the legal nature of information from a theoretical and methodological point of view; analyzes its main characteristics relevant for the recognition of information as a legally significant category. Based on the regulatory regulation and regulation of information, the author identifies the types of its legal regimes: one of which is intersectoral, and the others are sectoral, having their own legal specifics. Projecting information as a legally significant category on the subject of business law, the author concludes that it, "as a general rule," must comply with the principle of freedom of entrepreneurship, which, however, does not exclude its individual regulatory restrictions in the field of property and management relations.
The purpose of the work: to investigate the specifics of the legal regime of information in relation to the regulation of relations arising in the field of entrepreneurial activity.
Tasks of the work:
1) determine the nature of the information;
2) consider the regulatory framework for regulating information in the domestic jurisdiction;
3) to analyze the features of the legal regimes of information in private and public law (private law and public law relations);
4) to investigate the peculiarities of the legal regime of information in the field of entrepreneurial activity.
The object of the study: public relations associated with the legal regime of information in the field of entrepreneurial activity.
The subject of the study: normative legal acts and domestic doctrine concerning the issue of legal regulation of information.
The main conclusion of the work is that the legal regime of information in the field of entrepreneurship can be of two types. The first is general (intersectoral), i.e. free search, receipt, production, distribution, alienation (including paid) of information in the property and management sphere. Perhaps, this legal regime of information in the field of entrepreneurship should be presumed. The second is special ones created on the basis of acts of authorized authorities related to certain restrictions and/or exceptions to the search, receipt, production, distribution, alienation of information in the property management sphere.
PROBLEMS OF CRIMINAL AND PROCEDURAL LAW
The article examines the causes and consequences of acts of violence in educational institutions. The authors analyze the sociocultural factors that contribute to the emergence of school shooting, such as aggression in the surrounding juvenile society and the influence of the media space and social networks. Psychological aspects are also discussed, including the condition of the victims and their environment. The study is based on data from cases that occurred in Russia and their comparison with international practice. Particular attention is paid to preventive measures and the need to introduce a separate article into the norms of criminal legislation for this crime. In conclusion, the importance of an integrated approach to solving the problem is emphasized.
To implement these measures, educational institutions have begun to focus on safety measures for both students and employees of educational institutions, work is aimed at maintaining a healthy psychological and moral climate, educational work is carried out at meetings among teachers, students and their parents about the facts that should be paid attention to when teaching and raising children. Timely identification, provision of professional and psychological assistance to adolescents who are prone to committing acts of violence or committing any crime against life and health will prevent the onset of socially dangerous consequences both for others and for the schoolshooter himself.
In order to ensure the public safety of the population, as well as the observance of public order, it is proposed to provide for the strictest liability for the socially dangerous act in question within the framework of criminal legislation. By the forces of the juvenile affairs units, together with the teaching staff of educational institutions, conducting preventive conversations with schoolchildren and their parents on the presented topic, drawing attention to the behavior of students in an educational institution and directly in the team, will contribute to achieving this goal.
Over the past few years, there has been a steady increase in crimes under Article 205.2 of the Criminal Code of the Russian Federation. For this reason, there was a need to improve the methodology of conducting operational investigative measures based on in-depth studies of the mechanism of committing the investigated criminal act, which is inherent today.
First of all, it is necessary to analyze the composition of public calls for terrorist activities, public justifications of terrorism or propaganda of terrorism, identify its distinctive features from related criminal acts and give it an operational investigative characteristic.
Further, the authors of the article propose for consideration those operational investigative measures that, in their opinion, are more effective in solving the specified crime.
Taking into account the fact that most of the public calls for terrorist activities are committed on the Internet, it becomes relevant to develop innovative computer programs that allow monitoring a huge flow of information in order to identify signs of the criminal act in question. At the same time, it is important not only to identify information about the facts of the crime, but to carry out surveillance within the framework of operational investigative measures for the user of a certain site, in order to obtain his image, determine his location and bring him to criminal responsibility.
In the era of active development of the Russian legal field and its adaptation to the constantly emerging challenges of our time, the issue of increasing the effectiveness of legislative and law enforcement mechanisms in the field of intellectual property protection is becoming very relevant. The regulatory framework of the Russian Federation already includes numerous measures to protect the results of intellectual work; nevertheless, the constant increase in the number of crimes affecting intellectual property rights indicates the urgent need for their further refinement and strengthening.
In modern Russia, the field of intellectual property rights protection is often riddled with numerous gaps, which leads to significant economic losses.
The study of the issues of qualification of crimes in the field of intellectual property acquires urgent importance due to the requirement to adapt legal norms to intensively evolving technologies and the evolution of the characteristics of criminal activity. The growth of incidents related to the misuse of intellectual property increases annually, which underlines the need for in-depth knowledge and innovative methods in conducting investigative actions by law enforcement agencies. It is critically important to ensure reliable protection of the intellectual property rights of authors and owners, which serves as an incentive for updating and detailing the norms of criminal and civil legislation. Such initiatives contribute not only to the prevention of crimes, but also ensure fair consideration of each specific case with the restoration of violated rights and interests. The purpose of the article is to analyze the legal aspects and problems related to the qualification of crimes in the field of intellectual property, as well as to propose ways to improve the criminal and civil legislation of Russia to improve the protection of copyright and related rights.
SCIENTIFIC LIFE
ISSN 2687-0304 (Online)