Архив

The concept of legal regulation is one of the basic concepts in legal science. Soviet and Russian science made a huge contribution to its formation, however, views on the understanding of this legal phenomenon and approaches to its scientific conceptualization changed significantly during the 20th–21st centuries. The positivist approach prevailed in Soviet legal doctrine, and almost all definitions were reduced to statist views, however, in modern legal science there is a variety of approaches to understanding legal regulation. The purpose of the article is to describe and analyze the development of doctrinal approaches to legal regulation, to determine their shortcomings and advantages. To achieve this goal, general scientific methods (formal-logical, comparative, historical-genetic) and specific scientific methods (formal-legal, historical-legal, comparative-legal) were used. The article analyzes approaches to understanding legal regulation of the 20th–21st centuries, including scientific works of recent years, and concluded that a systematic approach that considers this category as a holistic education should not be neglected.

The article examines the evolution of legislation concerning the death penalty in the Russian Federation since the adoption of the current Constitution and the introduction of a moratorium on it, as well as the determining role of the Constitutional Court in resolving this issue. Within the framework of this work, the conditions for the application of the death penalty and the cases listed by criminal law when the death penalty cannot be applied are considered. The paper analyzes gender inequality in the use of the death penalty, its legal basis and causes, and examines the arguments of both supporters of gender inequality and its opponents. The problems related to the application of limitation periods within the framework of current legislation are highlighted and considered. A study is being conducted on the mandatory requirement for the organization of trials with the participation of jurors for the application of the death penalty, which determines their causes, characteristics and uniqueness in our country. Much attention is paid to the analysis of arguments presented by opponents and supporters of the death penalty.

The article examines the evolution of the main institutions of labor law, the formation of the organizational structure of state and public nature associated with the system of protecting workers' labor rights during the formation of the Soviet state. The source basis of the work is historical and legal documents of the 1930s – 1970s, establishing the status, powers of officials and bodies with quasi-judicial functions, as well as people's courts. The purpose of the work is to analyze the normative material related to the protection of labor rights by appealing to the prosecutor's office, people's courts, arbitration courts, trade unions. The material is an update of a number of published author's studies on the history of labor protection and regulation in Russia in various periods of the history of the formation of the theory and practice of labor relations.

Modern legal literature in Russia discusses, as a rule, only those circumstances that exclude the criminality of an act, which are regulated by the current legislation (necessary defense, extreme necessity, execution of an order, reasonable risk, physical or mental coercion, infliction of harm during the apprehension of a criminal). The aim and objectives of this study are to trace the embodiment in Russian legislation of the idea of noncriminalization of an act committed in the execution of the law, as well as to determine the conditions contributing to the spread of this idea, to identify and evaluate the arguments “for” and “against” depending on the historical context. The study covers the period of domestic lawmaking, including as a starting point the time of the Criminal and Correctional Punishment Statute (in the edition of 1885) and continuing until the present. Through the study, the author was guided by the principles of dialectical method of cognition (objectivity and comprehensiveness of consideration of the object of study, historicism, universal connection of phenomena, systematicity), applied general scientific (analysis, synthesis, induction, deduction, description, generalization, analogy) and private-scientific (historical-legal, sociological, statistical, legal forecasting, mental modeling) methods, used the results of other studies, etc. Special attention in the article is paid to the Criminal Code of the Russian Empire of 1903, the draft of which was discussed with unprecedented involvement of interested parties, was carefully checked as never before, and in which the considered circumstance of noncriminalization of an act is formulated as broadly as possible. The results of the analysis of decisions of the Criminal Cassation Department of the Governing Senate of the Russian Empire are disclosed, and thus the practice of application of the new normative prescription is presented. The legal regulation of the considered institute according to the Criminal Code 1903 is compared with the previous and modern Russian criminal legislation. At the same time, some results of selective analysis of modern European legislation are also presented for comparison. In the course of the research the unresolved problems of the current legislative regulation of Russia are revealed, new challenges and threats that increase the relevance of the topic are shown. In particular, the problem of responsibility for the execution of the law that is criminal per se, which can be both national and international legal act, is pointed out. The questions determining the direction of further research of the topic to which the article is devoted are formulated.

The main purpose of the article is to determine the essence of existing corruption risks and threats in the State Road Safety Inspectorate. The main object of the study is the many forms and types of corruption that have a negative impact on the activities of the State Road Safety Inspectorate. The subject of the study is favorable conditions, circumstances and reasons that are the basis for the formation of corruption or other corrupt activities in the system of the state road safety inspection. The author concludes that in the State Road Safety Inspectorate there are socio-economic, regulatory and organizational reasons and circumstances that create favorable conditions for the development of corruption. In addition, it has been established that other corrupt activities in the system of the State Road Safety Inspectorate negatively affect not only the system of government, but also civil society. The lack of effective control mechanisms over the activities of State Traffic Inspectorate employees entails a high degree of latency of corruption activities. The article is aimed at identifying existing problems in the State Road Safety Inspectorate, which have a negative impact on the effectiveness of providing the state function of ensuring road safety on the territory of the Russian Federation. In addition, the article substantiates the need to eliminate the identified problems.

The article considers current issues of digitalization of criminal proceedings, analyzes the prospects and risks associated with the introduction of digital technologies in evidentiary activities. The author examines the impact of digitalization on the principles of criminal proceedings, the legal status of participants, as well as the efficiency and fairness of justice. Particular attention is paid to issues of ensuring the reliability, admissibility and relevance of electronic evidence, as well as the problems of protecting the rights of participants in criminal proceedings in the context of digital transformation. Additionally, the current state of Russian legislation is analyzed. An overview of foreign experience is provided, including mechanisms for international cooperation in the field of electronic justice. Specific mechanisms for solving problems associated with the use of electronic evidence are proposed, including not only blockchain, but also alternative technologies for ensuring data immutability, as well as practical recommendations for law enforcement officers and courts. The article also touches upon issues of digital inequality and suggests ways to overcome it in the context of access to electronic justice.

The possibility of using artificial intelligence in forensic science, which is new to date, is discussed. This innovation is a powerful impetus for the development of science, contributing to its change and development. Views and approaches to the mechanism of solving and investigating crimes are changing. The role of artificial intelligence in investigating, suppressing and preventing crimes is considered. Forensic science, thanks to the beginning of new developments, can solve tasks more quickly, optimize resources and save time.

The article examines data on the time of crimes as an element of their forensic characteristics, which has significant correlation value for all elements of the characteristics under consideration when developing private forensic methods for investigating individual types of crimes.

The article presents technologies of deepfake origin. The analysis of the features of counteracting crimes related to deepfakes is given. The authors consider deepfakes as a type of crime in the field of IT. The current level of development of various IT technologies and their widespread distribution in the information space contributed to the emergence of new ways to commit crimes. The article considers the problems of counteracting crimes committed using deepfake technology. Based on the analysis of statistical data from various sources, the authors conclude that it is necessary to develop effective programs to counter crimes committed using deepfake technology.

n recent years, criminal legislation has tended to decriminalize minor crimes and form administrative offences. The innovation related to two-level liability is based on the hypothesis of increased public danger in case of repeated administrative offense. Such an approach taken by the legislator entails numerous problems and conflicts in law enforcement, which is due to the lack of a clear boundary between beatings in various legal aspects, not only in scientific doctrine, but also in legislation. In addition, by including part two in Article 116.1 of the Criminal Code, where the key phrase is a person with a criminal record for a crime committed with violence, the legislator does not define this concept. Such a gap has become a factor of different positions in the doctrine of criminal law and difficulties in law enforcement practice. According to the hypothesis put forward in the study, the results of which are described in this article, legal inconsistencies contribute to the growth of violent crimes, among which battery occupies a leading place. In accordance with the hypothesis, the purpose of the study is to identify gaps in legislation that determine the growth of battery, especially in micro groups, by making proposals to improve Article 116.1 of the Criminal Code based on the generalization of opinions of theorists and practitioners, as well as taking into account the results of a survey among experts selected according to a certain principle. In accordance with the purpose of the study, the scientific report attempts to highlight the negative consequences of two-level liability for battery and traces the way to correct gaps in legislation, including improving Article 116.1 of the Criminal Code of the Russian Federation. According to the author's position, not only the legal structure of battery, but also other acts with administrative prejudice need to be improved.

Currently, there is an increased interest among children and adolescents in purchasing not only tobacco products, but also various modern devices for consuming nicotine-containing products. This situation is significantly aggravated by the expansion of the market for the above-mentioned goods, as well as the spread of illegal practices among business entities that ignore the prohibitions on the sale of these products to minors. Despite the fact that at the moment there is a very large-scale practice of bringing to administrative responsibility for failure to comply with the above prohibitions, tobacco and nicotine-containing products are still available to minors in many retail stores. In this context, the issue of the effectiveness of the current state of the institution of responsibility in this area is significantly updated. The purpose of the presented study is to analyze current issues in the fight against the retail sale of tobacco products and devices for the consumption of nicotine-containing products to minors. The author focuses on the timeliness and validity of tightening liability in this area, in terms of supplementing Art. 151.1 of the Criminal Code of the Russian Federation with relevant provisions. Based on the analysis, the author concluded that the introduction of criminal liability for repeated retail sale of tobacco and nicotine-containing products to minors, as well as devices for their consumption, seems very promising and timely, since it corresponds to the modern realities of the spread of such criminal behavior, in terms of its preservation despite the application of administrative sanctions.

This paper examines current issues of recognition and enforcement of arbitration awards in the investment arbitration system. The authors examine the activities of the main industry arbitration institution specializing in the settlement of investment disputes, such as the International Centre for Settlement of Investment Disputes (ICSID). The unique autonomous status of this institution allows avoiding problems that may arise when considering an investment dispute in a national court or commercial arbitration. An arbitration award is effective only if there is a system for recognition and enforcement by state judicial and judicial authorities. The above system has been developed and successfully applied in the field of international investment arbitration. The legal regulation and practical application of the procedure for recognition and enforcement of ICSID awards, the legal status and immunity of parties to investment disputes are examined in detail.

In the article, will being as a concept of civil law is revealed through the analysis of the legal norms of the Civil Code of the Russian Federation, considering the understanding of will in philosophy, religion, psychology, psychiatry, and linguistics. Through the prism of the concept of will in civil law, the legal capacity, transactional capacity, legal capacity of minors, legal personality of persons with limited legal capacity and persons recognized as legally incompetent, and representation are revealed. Special attention is paid to the analysis of the influence of biological factors on the involvement of an individual in civil law relations. Here there is an appeal to psychiatry as a field of medicine that studies the deformation of a person's will under the influence of mental disorders and somatic diseases. The conclusion is formulated that will is a fundamental and system-forming concept of civics. Based on the interdisciplinary analysis of will, the levels of will of an individual as a participant in civil law relations are determined: the highest level of will is determined by the idea of will as a property of personal autonomy; the central level of will is associated with the psychosomatic characteristics of a person, his social and economic competencies; the substantive level, where the will of an individual is formed during a legally significant period; the external level of will is the expression of will.