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Articles

Judicial Power in the “Establishment of Governance of the All-Russian Empire Provinces” in 1775 (Technical and Legal Aspects)
B. Suleymanov

🗏 : 393-407
DOI: https://doi.org/10.17277/pravo.2023.04.pp.393-407
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The most important aspects of the Governorate Institutions of the All-Russian Empire of 1775 are considered. This legal act played a significant role not only in the public administration system, but also in the areas of judicial system and legal proceedings. In fact, it laid the legal foundations for a significant part of the mechanism of the Russian state for centuries to come. For the first time, almost all parts of the judicial system were covered by one normative legal act. However, the technical and legal aspects of this regulatory legal act remain unstudied, although some works contain general assessments of its quality. An attempt has been made to reveal the legal features of this legal act, as well as to characterize its technical and legal specifics. Methods of legal research were used, including comparative legal, static and historical methods, etc. However, the main one was the dogmatic method. The conclusion is made about the high quality of the legal technique; the shortcomings are of a private nature.

Criticism of the Theory of Simple Legal Language
A. Shepelyov

🗏 : 408-414
DOI: https://doi.org/10.17277/pravo.2023.04.pp.408-414
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The problem of simplifying legal language is considered. The theory of the simplified language has many supporters who justify their positions by the fact that laws are addressed and studied not only by professional lawyers, but also by citizens; this fact should be taken into account when preparing legislative acts and, accordingly, the text of laws should be clear to everyone, who is reading it. The author points out that the legislation is addressed to the state, and not to the citizen, a group of citizens or the entire population, whose behavior it determines. An ordinary citizen, as a rule, does not read a single piece of legislation throughout his/her entire life, and a significant number of citizens do not read even a small part of legal text. The author especially notes that given the approach to the addressee of the legislation, the focus on simplifying the legal language becomes meaningless and even harmful for the entire legal system. It is impossible to create legislation using terms and terminological phrases that are understandable to all citizens, since they are not addressed to them. The use of simplified legal language in lawmaking distorts the essence of regulations. The author consistently examines the common provisions of the theory of simplified legal language and reasonably subjects them to critical analysis. The paper concludes that thoughtless submission to the simplified language rules and a focus on the accessibility of laws for any reader leads to neglect of the essence of regulations and other legal documents for the sake of their form.

Legal Guidelines of Social Partnership for the Prevention of Biological Risks and Dangerous Factors
K. Krylov, D. Chuikov

🗏 : 415-422
DOI: https://doi.org/10.17277/pravo.2023.04.pp.415-422
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The article highlights the issues of the development and content of new international standards aimed at the development of social partnership in the field of labor for the prevention of biological hazards. The legal origins, goals and objectives of the developed norms are shown; the Russian and international definition of biological hazards is indicated; the legal guidelines of trilateral cooperation between the state, employers and trade unions to prevent these factors are reflected. The expediency of using these guidelines for the improvement of legislation and the development of social partnership is substantiated.

Features of Constitutional Proceedings in the Russian Federation
A. Kuznetsov, E. Koroleva, E. Kuzmenko

🗏 : 423-432
DOI: https://doi.org/10.17277/pravo.2023.04.pp.423-432
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Since the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” was adopted in 1994, the modern history of this highest judicial body in our country has begun. Constitutional legal proceedings, being a new type of court, have emerged and received new powers. The purpose of this article is to determine the features that distinguish it from other courts of the judicial system of our country. In particular, one of the main distinctive features of constitutional proceedings – its public legal nature – requires legal analysis. Constitutional proceedings are a complex process that has a number of features that distinguish it from other types of proceedings and make it possible to realize the main goal – the supremacy of the Constitution of the Russian Federation. Constitutional proceedings can be defined as a special rule-making and law enforcement activity of the Constitutional Court of the Russian Federation. A comprehensive study of the features of constitutional proceedings is aimed at the formation of the modern constitutional system of the Russian Federation, which will make it possible to comprehend the role of the judiciary in the implementation of substantive law.

Problems of Corruption-Related Crime Prevention in the Field of Education in the Digital World
R. Gusengadzhiev, M. Dieva

🗏 : 433-441
DOI: https://doi.org/10.17277/pravo.2023.04.pp.433-441
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In the digital world, the emergence of organized crime in all spheres of life of the population is inevitable. The education system is no exception, as evidenced by numerous targeted studies. This article is also devoted to one of the global, difficult-to-solve, social problems of our time – the prevention of corruption-related crime. On the basis of the criminological analysis, the features of corruption-oriented crime in the field of education in the digital world are determined. The criminological analysis of the corruption-related crime in the field of education is aimed at identifying effective ways to counter this phenomenon in the context of digital transformation. With the development of digital technologies and their impact on education, it has contributed to the introduction of such innovations into the legal system, including the system of combating corruption-related crime in this area. In this regard, the purpose of the study is to determine the possibilities of digital technologies in suppressing corruption in the field of education. In accordance with the purpose of the study, the methods and directions of countering corruption-related crime using digital technologies are analyzed; the possibilities of countering corruption schemes in the context of the systematic introduction of information and communication technologies in the educational sphere are considered. The article suggests some directions for improving the corruption-oriented crime prevention system in the field of education based on the analysis of the factors that determine it, and taking into account the requirements and features of the digital age. In the digital world, the preventive role of criminal legislation is increasing. The article proposes amendments to the legislation aimed at improving the effectiveness of criminal law norms defining responsibility for corruption encroachments. At the same time, in the era of new technologies, socio-economic, moral and ideological measures play a primary role in the system of preventing corruptionoriented crime in the field of education. First of all, it is the improvement of the welfare of education workers.

Criminological Features of Organized Counterfeiting and Criminal Law Aspects of its Prevention
D. Ziyadova, J. Umakhanov

🗏 : 442-453
DOI: https://doi.org/10.17277/pravo.2023.04.pp.442-453
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The paper deals with the problem of creating interregional criminal communities involved in the production and sale of funds for organizing terrorist crimes. The importance of improving the system of prevention of organized counterfeiting determined the purpose of the study, which is to identify the criminological features of organized counterfeiting in modern conditions and to determine the criminal legal aspects of its prevention. The aim of the study was achieved using sociological methods, methods of generalization and analysis of investigative practice materials, and the method of expert assessments. Based on the conducted research, criminal legal measures to counter organized counterfeiting have been identified. In order to strengthen the preventive effect of criminal law measures to counter organized counterfeiting, it is proposed to make some changes to the disposition of Article 186 of the Criminal Code of the Russian Federation, in particular, to indicate as alternative actions the production and acquisition of counterfeit banknotes; to supplement with such particularly qualifying signs as: using one's official position, on an especially large scale for the purpose of financing the activities of terrorist organizations, using the capabilities of digital technologies

The Identity of a Criminal in the Value-Meaningful Interpretation of Criminological Science
A. Kiryukhin

🗏 : 454-463
DOI: https://doi.org/10.17277/pravo.2023.04.pp.454-463
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The article raises the problem of the theoretical validity of the concept of criminal personality in the criminological science and the practical expediency of using this concept. It is assumed that the individual qualities, psychological characteristics, emotional, volitional and intellectual properties of criminals in their content and expression have no significant differences from those that each person has. A particular conclusion is made that the public danger of a criminal is determined solely by the severity of the crime committed by him/her. A critical analysis of the main provisions of the doctrine of the personality of the criminal is carried out, in which the concept of personality is devalued, and the criminal is reduced to a constructivizing abstraction, social and psychological model. The author points out the ideological reasons for the complete rejection of dialectical cognition of an individual as a subject of social relations and actions, reflecting the totality of social roles that he/she plays in society. It is proposed to return to the research into criminologically significant signs and properties of a criminal, instead of searching for significant differences between the criminal and other people, and the personification of criminal’s social vices.

Digital Sovereignty and Security Dominants of the New World Order: Individual Questions. Criminal-Legal Aspect
I. Semenova

🗏 : 464-472
DOI: https://doi.org/10.17277/pravo.2023.04.pp.464-472
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Based on the analysis, the author comes to the conclusion that the security of digital information is directly related to the security of the digital information transmission network. Digital information transmission systems are being implemented throughout Russia, from small businesses to large government agencies, to ensure the security, efficiency and reliability of communications. Speaking about the security of digital information, it is impossible to ignore the security of the digital transmission system of such information, since crimes can be committed both with the help of the information sphere, an element of which is the digital system The security of digital information transmission systems is controlled by various organizations both at the national and international level, depending on their jurisdiction and sphere of activity. In the article, the author analyzes the legislation regulating certain aspects of the legal consolidation and scientific interpretation of digital information, methods of its transmission.

Criminal Tattoos of Suspects (Accused) and their Importance for Preparation and Choice of Interrogation Tactics
D. Tyotkin, S. Kutyakin, A. Likhotkina

🗏 : 473-479
DOI: https://doi.org/10.17277/pravo.2023.04.pp.473-479
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Using the research conducted by the authors, the article analyzes the influence of the phenomenon of criminal tattoos of suspects (accused) on the preparation and conduct of such an investigative action as interrogation. The authors come to the conclusion that those conducting the interrogation must choose tactics for conducting it, taking into account, among other things, the presence of tattoos on the suspects (accused). But in this case it is necessary to be guided not only by the information about its owner encrypted in a particular tattoo, but also by other data known to the investigation (inquiry). This means that various measures must be taken to verify the authenticity of the data contained in the tattoo. In such cases, the interrogation will be even more effective and of high quality.

Preferential Legal Regimes in Criminal Law
V. Turanin, A. Podolskiy

🗏 : 480-486
DOI: https://doi.org/10.17277/pravo.2023.04.pp.480-486
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The purpose of preferential legal regimes is to establish legal equality and social justice by creating favorable conditions for the exercise of rights and performance of duties. For this reason, there may be an apparent discrepancy in the application of these regimes in criminal law. The article proves that this is not the case. In this way it is possible to achieve equality between persons who have committed a crime. Criminals, in isolation from the act they have committed, may, due to objective circumstances, be vulnerable from a social point of view compared to other subjects who have committed similar acts. In addition, the law requires that the punishment corresponds not only to the nature and degree of public danger of the crime, but also to the circumstances of its commission, as well as the identity of a person. The article also notes that punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new crimes, but not for the purpose of torture. The signs of preferential legal regimes that are characteristic of criminal law: they do not seek to minimize the penitentiary and preventive effect of punishment, but only contribute to the establishment of legal equality and social justice; they contribute to the proportionality of punishment; being a legal exception, they increase the normativity of law. The article presents groups of preferential legal regimes in criminal law based on their functional orientation. It is concluded that preferential legal regimes in the field of criminal law regulation are established and function to achieve the main goal: to create conditions for the implementation of the principles of legal equality and social justice.

Limiting the Legal Capacity of Citizens with Addictions
I. Kalinina

🗏 : 487-499
DOI: https://doi.org/10.17277/pravo.2023.04.pp.487-499
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The article examines the legal institution of limiting the legal capacity of a citizen. The analysis of such grounds for limiting the legal capacity of a citizen as addiction to alcoholic beverages, narcotic drugs, and gambling is carried out. The legal, medical and ethical aspects of the legal institution of limiting the legal capacity of a citizen are characterized. The degrees of severity of addictions are revealed – permissibility, abuse, pathology and their legal significance in relation to the restriction of a citizen's legal capacity. The qualitative characteristics of the factors laid down in the legal grounds for limiting the legal capacity of a citizen are presented. The ways of improving this legal institution are proposed in relation to: the conceptual apparatus, the content of ability to make contracts, the differentiation of legal regulation between civil and family law, and the expansion of the scope of application of the legal institution. The socio-cultural context of addictions in relation to alcoholic beverages, narcotic drugs, gambling is determined through the concepts of human vices, the implementation of the educational function of law and the application of legal sanctions.

Legal Entities Creating and Using Digital Assets in Business Activities
L. Sitdikova, N. Galkin

🗏 : 500-505
DOI: https://doi.org/10.17277/pravo.2023.04.pp.500-505
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The article is devoted to the analysis of legal entities specializing in the creation and use of digital assets, including those engaged in the commercialization of intellectual property. Most often these organizations are representatives of creative industries and work in the creative economy. The purpose of the study is to identify the special legal status of legal entities that create and use digital property in their business activities. The study concludes that there are similarities and differences between the phenomena under consideration, and also highlights the legal nature of the organizations under consideration.