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Proceedings of Southwest State University. Series: History and Law

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Vol 13, No 6 (2023)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

10-17 235
Abstract

The relevance of this article lies in the study of the formation and formation of the institution of the justice system in the nascent Soviet state, the factors that influenced the formation of courts, the selection of persons administering justice. This historical experience is unique in many respects, since simultaneously with the collapse of the monarchy, a new socialist state was born on its territory, the ideological and political foundations of which largely predetermined the foundations laid in the foundation of the future judicial system of the RSFSR and modern Russia.

Purpose: disclosure of the features and distinctive features of the formation of courts during the formation of Soviet power.

Objectives: identification of factors influencing the formation of the justice system on the territory of our state in the post-revolutionary period.

Methodology. The article uses a complex of general scientific and special-legal research methods due to the historical-legal and partly interdisciplinary nature of the article.

The results of the study are of a historical and legal nature and made it possible to identify factors influencing the formation and formation of the Soviet justice system in the post-revolutionary period, namely the class struggle, communist ideology, the need to win the Civil War and consolidate its results, the use of courts as another control body for citizens of the state, admission to the administration of justice of persons who do not have a special education.

Conclusions. The studied period of the development and functioning of justice on the territory of our state was characterized by the elimination of the previous system of administration of justice, the reliance on revolutionary legal consciousness in the administration of justice, the subordination of courts to representative bodies elected by citizens, the presence and functioning of revolutionary tribunals.

As a result of the initial reforms of the courts, the previously existing unified foundations for the administration of justice were eliminated, and new ones were just beginning to form; as a result of the reforms, judges began to be elected from representatives of the people, regardless of their professional knowledge, which significantly affected the quality of justice, but contributed to its openness.

18-27 137
Abstract

Relevance. The introduction of special rules for the use of foreign vocabulary in the texts of public acts, improving the form of a business letter, modifying the structure of documents in accordance with the powers of public authorities are trends in the current and past Russian administration experience. Both in the modern and historical and legal context of scientific research, it is relevant to consider state approaches in the field of regulating official paperwork, which are aimed at forming a stable management model in accordance with domestic national interests and values.

The purpose of the study is to establish the relationship between elements of national identity and foreign models in the state personnel practice of document flow in Russia in the 18th century, which is useful for taking into account this experience in modern transformations of the foundations of legal and business writing.

Objective: are to consider legislative innovations in terms of regulating the field of record keeping and personnel management; to identify forms of record keeping in the XVIII century and socio-political factors influencing their application; a retrospective assessment of the methodology for drafting texts of government acts.

Methodology. The methodology is based on comparative legal, comparative historical, historical legal and systemic research methods.

The results of the study indicate the improvement of grammatical, stylistic, translation and other business skills and competencies of personnel of public authorities. A historical and legal analysis of the directions of development of personnel management revealed an active borrowing of foreign vocabulary in the execution of administrative acts. The clerical mechanism of interdepartmental communication gradually became more complicated, and the procedure for receiving and responding to petitions from private individuals was regulated.

Conclusion. The experience of forming the Russian management and personnel practice of paperwork, developing in conditions of value crises and political contradictions, is important for taking into account the political and legal measures carried out in the modern state.

PUBLIC LAW (STATE LEGAL) SCIENCES

28-46 223
Abstract

Relevance. The article analyzes the transformation of the interaction of society and government from offline dialogue to online communication - on the example of the Kostroma region.

The purpose of the study is to identify the opportunities and forms of online interaction between the government and society for discussing socially significant topics.

Objectives: to analyze the content of public discussions taking place at the regional level and related to the construction, restoration and functioning of objects of cultural significance; to identify forms of integration into the digital public space of techniques that characterize traditional dialogue; to identify a range of problems that hinder an effective and equal online dialogue between government and society.

Methodology. The research is based on a dialectical understanding of socio-cultural processes and phenomena, on general scientific and logical methods of cognition. Ideographic, historical-comparative, and institutional methods are used.

The results of the research are theoretical and applied in nature and are aimed at finding effective techniques that eliminate barriers to alienation of society and government in the digital public sphere, ensuring interested and productive participation of the parties in the discussion of a socially significant agenda.

Conclusions. The nonlinear and spontaneous nature of the transformation of offline dialogue into online communication is noted, which is explained by the insufficient adaptive resource of a part of society, as well as the survivability of old management technologies and models. The possibilities and advantages of online communication for discussing socially significant topics are revealed. It is proved that at present a significant part of legislative or technical obstacles to establishing a productive online dialogue between the authorities and the population have been eliminated - mental and psychological obstacles remain. It is concluded that the escapist tactics of the authorities, ignoring the request of the population to participate in the discussion of regional and urban problems, as well as the destructive revelatory pathos into which the opposition often falls, is an equally fragile basis for the search for public consensus. It is noted that the digital public sphere is still evaluated by some government representatives primarily as a resource for formalizing and standardizing dialogue with citizens.

PRIVATE (CIVIL) JURISPRUDENCE

47-57 263
Abstract

Relevance. At present, the procedure for preparing thesis papers is being transformed. It is due to changes in the nomenclature of scientific specialties, according to which the scientific specialty 12.00.03 “Civil Law, Business Law, Family Law, Private International Law” has been replaced by an extended scientific specialty 5.1.3 “Private Law (Civil) Sciences”. However, there is still a problem of a low number of thesis papers in private law sciences as a result of postgraduate studies. This makes it necessary for novice researchers to form an idea about the preparation of thesis papers on private law sciences, taking into account their specifics.

The purpose of the study is to generalize the author’s idea of preparing a thesis paper on private law sciences.

Objectives: to identify approaches to the selection of a thesis paper  topic on civil law, to develop recommendations for the application of practice in a thesis paper, to give recommendations on the style of a thesis paper text.

The methodology of the study is presented by the dialectical-materialistic method and the system method. There were also applied analysis, synthesis and the formal legal method.

The results of the study consist in a generalized idea of the specifics of preparing a thesis paper on private law (civil) sciences, based on the author’s personal experience. The key points of successful completion of a thesis paper research are highlighted, in particular, the justification of the research topic, the use of practice, and foreign scientific literature.

Conclusion.  Working on a thesis paper is a complex and time–consuming process. In general, the arguments given about how a thesis is “prepared” are not the ultimate truth. Moreover, they do not pretend to be complete ones.

This is more a thought-provoking information.

58-68 228
Abstract

Relevance. Meeting the needs of citizens for housing is a constitutional obligation of the State, and at the legislative level it is implemented in various forms, including through participation in shared-equity construction. In cases when a developer becomes bankrupt and cannot fulfill its obligations to shareholders, various measures are provided by law to guarantee the restoration of property rights. Such measures also include a compensation mechanism aimed at ensuring the payment of funds by the Public Law Company "Territorial Development Fund" to compensate citizens participating in construction who have claims for the transfer of residential premises, parking spaces and non-residential premises included in the register of claims of construction participants.

However, the peculiarity of the legal status of the Fund as a public law company creates problems for the law enforcement officer to determine the legal nature of these compensation payments, which negatively affects the level of protection of citizens' rights. 

The purpose of the study is to identify the legal nature of compensation payments made by the PPK "Territory Development Fund", to determine the effectiveness of the legally established compensation mechanism.

Objectives: to determine the legal status of the Fund, to identify the peculiarities of the procedural and legal status of the Fund in cases of insolvency (bankruptcy) of the developer, to analyze the legal facts that constitute the grounds for succession between the bankrupt developer and the Fund.

Methodology. In preparing the study, the author applied general scientific methods, methods of analysis and synthesis, a systematic method, a formal legal method.

Results. In the course of the study, it was determined that the compensation mechanism and obligations to pay money to shareholders are of a civil nature. When determining the effectiveness of the compensation mechanism, its low level is established, since the goal of ensuring the protection of the rights and legitimate interests of citizens participating in construction is not fully achieved.

Conclusions. The current compensation mechanism does not ensure the restoration of the right to housing by participating in shared construction. The factors that have a negative impact can be called a significant change in socio-economic conditions and poorly effective legal means that generate collisions and gaps in legal regulation, which negatively affects the process of their implementation.

69-77 146
Abstract

Relevance. The development of the latest information, biomedical and other technologies has determined the emergence of new benefits to which the interest of subjects of civil law is directed, which determines the vivacity of the scientific assessment of their essence and legal nature. Objects of civil rights require comprehensive research not only within the scope of their qualifications, but also in the context of systemic analysis. The main methodological problem is the lack of a systematic approach to the presentation of the normative provisions of the current civil legislation regulating the objects of civil rights, as well as certain methodological omissions at the doctrinal level regarding the conceptual basis for systematizing the objects of civil rights. 

The purpose of the study is to establish the methodological basis for systematizing the objects of civil rights. 

Objectives: analyze legislative and doctrinal approaches to building a system of objects of civil rights, identify their shortcomings and ways to eliminate them. 

Methodology. When writing the work, the method of analysis and synthesis, induction and deduction, general logical techniques and tools of the systems approach were used. 

Results. It is substantiated that effective legal regulation cannot be carried out by simply listing the objects of civil rights and/or enshrining the legal regime of some of them in legislation in isolation from other elements of the mechanism of legal regulation.

 Conclusions. As a methodological basis, the use of a systematic approach is substantiated, which will allow establishing criteria for classifying an object as an object of civil rights, determining its legal regime, providing a special procedure for regulation, conditions and procedure for the emergence, implementation and termination of subjective rights, the object of which is such an object of civil law, their protection.

78-88 169
Abstract

Relevance.  The article discusses ways to protect the personal data of the consumer as their subject. It is noted that the risk of violation of the rights of this category of citizens has increased significantly in the era of digitalization. Legislative novelties proposed by the scientific community concerning the recognition of personal data as a personal non-property good are analyzed. Based on the generalization of judicial practice, approaches to assessing the illegality of processing, distribution or use of other people's personal data in decisions on claims for recognition of such actions as violating the provisions of civil legislation are shown.

The purpose of the study is to supplement scientific knowledge about ways to protect consumer personal data and improve the quality of law enforcement practice when considering claims in cases of this category.

Objectives: to analyze the practice of the Constitutional, Supreme Courts of the Russian Federation, courts of general jurisdiction in cases of consumer personal data protection and to identify problems related to the implementation of this right.

Methodology. When writing the work, methods of analysis and synthesis, system-analytical, documentary and formal legal methods were used.

The results of the study are theoretical and applied in nature and are aimed at finding optimal solutions for the effective implementation of the consumer's right to personal data protection. The issue of legislative recognition of a person's personal data as a personal intangible good is raised in order to ensure proper restoration of violated rights.

The conclusions made in the article, as well as the proposals made, are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow for a uniform way to resolve problems arising in the implementation of the consumer's right to personal data protection.

Conclusion and proposals are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow solving problems arising in the implementation of the consumer's right to personal data protection in a uniform way.

89-98 181
Abstract

Relevance. The article analyzes the institution of medical secrecy and the ways of its protection by a citizen as a personal non-property good. The legal regulation of the concept of «medical secrecy» in healthcare legislation has not eliminated the problems of its civil protection. The examples of judicial practice show ways to protect the information constituting a medical secret when they are disclosed by persons who are obliged to comply with it. Based on the analysis of certain legislative acts concerning medical secrecy, contradictions in the established guarantees of confidentiality of personal information about the patient were revealed. Taking into account the legal position of the Constitutional Court of the Russian Federation, accepted by the courts of general jurisdiction, the circumstances that are not recognized as a violation of the patient's medical secrecy are determined.

The purpose of the study is to supplement scientific knowledge about the regime of medical secrecy and the specifics of responsibility for its violation.

Objectives: identification of the peculiarities of the regime of medical secrecy and civil liability for its violation, identification of problems related to the implementation of the patient's right to protection of medical secrecy based on the analysis of the norms of civil legislation, scientific publications, the practice of the Constitutional Court of the Russian Federation, explanations of the Supreme Court of the Russian Federation, courts of general jurisdiction on claims for protection of medical secrecy.

Methodology. The work uses general scientific and private scientific methods of cognition: dialectical, methods of analysis and synthesis, induction, deduction, system-analytical and formal-legal.

The results of the study are theoretical and applied in nature and are aimed at finding optimal solutions for effective protection of patient data that constitute his medical secrecy. 

Conclusions. The author substantiates the need for recognition at the legislative level of medical secrecy as an independent personal intangible good; it is proposed to legislatively expand the range of subjects engaged in professional activities in the interests of the patient to obtain information constituting medical secrecy without his special consent.

99-111 147
Abstract

Relevance. The use of new mechanisms for fixing property rights (on the example of the phenomenon of "digital financial assets") allows not only to ensure the satisfaction of private interests, but also contributes to the efficiency of attracting investments into the national economy; the digital form of fixing property rights acts as a certain means of achieving a balance of private and public interests, characterized by the use of new legal structures, subject to comprehensive research.

The purpose of the study is to clarify the place of digital technologies (using the example of digital financial assets) in ensuring a balance of private and public interests. 

Objectives: to identify the essence of the category "balance of private and public interests"; to determine the place of the construction of "digital financial assets" in ensuring the proper level of consistency of private and public interests.

Methodology. When writing the work, methods of analysis and synthesis, the system method, the dogmaticlegal method and the method of interpretation of the norms of law were used.

Results. The authors argue that the essence of the balance of private and public interests at the present stage of the development of Russian society should be considered not only to ensure the free disposal of individuals with their property and abilities, but also to provide them with confidence in the effectiveness of the requirements imposed on the state in compliance with its own Basic Law – the Constitution to prevent the arbitrariness of public authorities. The authors formulate proposals to improve the turnover of property rights recorded in digital form by the design of digital financial assets.

Conclusions. Digital financial assets are a promising investment financial instrument that allows meeting the needs of individuals in preserving and incrementing their property, which contributes to the efficiency of attracting investments into the national economy and ensuring a balance of private and public interests.

112-121 158
Abstract

Relevance. One of the problems of family law is the need to distinguish separate groups of family legal relations, which need different variants of interbranch regulation. 

When searching for solutions to this problem, the author, based on the analysis of legal regulation of family legal relations as a branch of law and the correlation between the norms of family law and norms of other branch affiliation, concludes that it is necessary to distinguish, firstly, family legal relations directly, which are characterized by the dominance of family law norms with limited application of norms of other sectoral affiliation to achieve the goals defined by family law, and, secondly, legal relations, which can be characterized as "complicated" by a family element, in the regulation of which the application of family law provisions is aimed at taking into account the requirements of family law within the framework of legal relations, generally regulated by norms of other branch affiliation.

The purpose of the study is to develop theoretical provisions that determine the features of manifestation of interbranch relations of family legal relations at the present stage of development of the legislation of the Russian Federation.

Objectives: to identify problems associated with the presence of interbranch relations of family legal relations; to analyze interbranch relations of family legal relations taking into account the peculiarities of the existing sectoral legislative regulation; to propose variants of differentiation of family legal relations by the criterion of dominance in their regulation of norms of family law or norms of other branch affiliation, to determine the directions of further development of legal regulation of the issues under consideration.

Methodology. When writing the work used dialectical-materialistic method, system method, methods of analysis and synthesis, formal-legal method.

The results of the research are are of theoretical and applied nature and are aimed at improving the quality of legal regulation of family legal relations.

The conclusions made in the article are of a discussion nature, aimed at the continuation of research in the framework of the declared subject. The article is a continuation of the author's scientific research on the development of the theory of family legal relations.

122-130 124
Abstract

Relevance. Compensation for violations of exclusive rights to works and other intellectual property objects is the main method of protection used by authors and right holders. The possibility of using a compensatory approach in determining the amount of recovery from the infringer acquires special significance in the conditions of the development of modern technologies, leading to the emergence of new ways of using works, in the implementation of which the right holders do not have the opportunity to unambiguously establish the scope of use and the amount of damages caused. At the same time, the practice of applying the provisions on compensation for violations of exclusive rights has revealed the need to develop additional criteria to exclude cases of unjustified recovery of disproportionate compensation in the formal application of the methods of their calculation established by law.

The purpose of the study is to determine the specifics of using additional criteria, such as "economic purpose" and "unity of intent of the infringer", when establishing the amount of compensation for violations of exclusive rights to works and other intellectual property objects, taking into account the development of judicial practice and clarifications of the courts of higher instances.

Objectives: to identify problems associated with the application of the criteria of "one economic purpose" and "unity of intent of the infringer" in determining the amount of compensation for violations of exclusive rights to works and other objects of intellectual rights; to identify opportunities for further development of legal regulation taking into account the above criteria.

Methodology. In preparing the study the author applied general scientific methods, methods of analysis and synthesis, system method, formal-legal method.

The results of the research have theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.

Conclusions. Conclusions. The conclusions made in the article are of a controversial nature, aimed at further development of approaches contributing to the uniform solution of problems arising in the application of legislative provisions on determining the amount of compensation for violations of exclusive rights to works and other intellectual property objects in order to prevent and suppress such infringements, as well as compensation for losses caused by them. 

131-140 154
Abstract

Relevance. The article analyzes the cases in which the legislation recognizes the possibility of transfer of exclusive rights to the results of intellectual activity without concluding contracts with the right holders, including in the case of inheritance of such rights and in various forms of reorganization of a legal entity - the right holder. 

The purpose of the study is to develop theoretical provisions that take into account the interests of participants of civil legal relations in various cases of non-contractual transfer of rights to the results of intellectual activity.

Objectives: to identify the problems associated with the non-contractual transfer of rights to the results of intellectual activity; to analyze the peculiarities of legal relations associated with such a transfer, taking into account the peculiarities of the existing legislative regulation; to propose solutions aimed at eliminating contradictions between the interests of the participants of legal relations arising from the non-contractual transfer of rights to the results of intellectual activity.

Methodology. The dialectical-materialistic method, system method, methods of analysis and synthesis, formallegal method were used in writing the work.

The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of atypical types of civil legal relations.

Conclusions. The conclusions are drawn on the need to ensure the possibility of documentary confirmation of the fact of non-contractual transfer of the exclusive right to the result of intellectual activity in all cases when such transfer occurs as a result of reorganization of a legal entity, as well as to provide authors and other right holders with the possibility to include in alienation contracts the obligations preventing the circumvention of the provisions on payment of remuneration and other essential conditions of such contracts. The proposed solutions will make it possible to ensure the circulation of exclusive rights to the results of intellectual activity and guarantee compliance with the obligations provided for in agreements on the alienation of such rights.

The article is a continuation of the author's scientific research on the issues related to the protection of the rights of authors and their heirs.

141-148 114
Abstract

Relevance. The article considers the problems caused by the limited possibilities of legal registration of relations between investors and persons creating the results of intellectual activity or organizing the creation of RIA. It is noted that the obligatory rights based on contracts concluded by investors do not allow to fully take into account their interests and provide guarantees of their observance when disposing of exclusive rights to the intellectual property created with the attraction of investment funds.  

The conclusions are substantiated that taking into account the growing needs in attracting investment funds for the implementation of projects related to the creation and use of RIAs, it is necessary to provide investors with the opportunity to participate in the ownership of exclusive rights to RIAs created with their support, which will allow investors to control the subsequent disposal of exclusive rights to such RIAs, directly participate in the licensing processes and receive remuneration for their use.

The purpose is to develop theoretical provisions that form the basis for the development of legal regulation ensuring the observance of investors' rights as participants in relations related to the creation and use of RIA.

Objectives: to identify the peculiarities of registration of investors' rights when they participate in relations related to the creation and use of RIA with the attraction of investment funds; to develop proposals aimed at improving the legal regulation of relations between investors, persons organizing the creation and use of RIA, authors and right holders for various cases of organization of investment activity in the field under consideration.

Methodology. The dialectical-materialistic method, methods of analysis and synthesis, formal-legal method were used in writing the work.

The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of legal relations related to the creation and use of RIA.

The conclusions made on the basis of the results of the conducted research have a discussion character and are aimed at improving the legal regulation of investment activities related to the creation of RIA. The article is a continuation of the author's scientific research.

149-158 158
Abstract

Relevance. One of the most effective options for the realization of exclusive rights to the results of intellectual activity when there are several interested parties is the assignment by them of exclusive rights to such results to a business entity owned by them. The resulting indirect ownership of rights allows for joint disposal of them under the indirect control of the participants of business entities, distribution of income between them according to preestablished agreements, attraction of investments in exchange for a share of participation or shares in the business entity - the right holder.

At the same time, the indirect ownership of rights to the results of intellectual activity, carried out through the business company owned by interested parties, leads to the need to strengthen their control over the disposal of intangible assets owned by the business company, because in the absence of proper control there is a risk of loss or limitation of the possibility of using the most valuable intangible assets.

The purpose of the research is to develop theoretical provisions defining the peculiarities of the implementation of indirect ownership of rights to the results of intellectual activity owned by business entities, while preserving the possibility of control by the participants of such entities.

Objectives: to identify the problems associated with the indirect ownership of rights to the results of intellectual activity assigned to business entities; to analyze the existing risks of loss or limitation of the possibility of using the results of intellectual activity owned by business entities in the absence of effective control over their disposal by the participants of such entities.

Methodology. The dialectical-materialistic method, methods of analysis and synthesis and formal-legal method were used in writing the work.

The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of relations related to the use of the results of intellectual activity.

Conclusions. The conclusions made in the article are of a discussion nature, aimed at the continuation of research in the framework of the declared subject. The article is a continuation of the author's scientific research on the issues considered in it.

CRIMINAL LEGAL SCIENCE

159-174 206
Abstract

Relevance. In recent years illegal migration also remains relevant, accompanied by criminal networks created by foreign citizens and stateless persons and the maintenance of an underground economy, including smuggling and illegal employment, which can cause social and economic problems. Compliance with legislation in the field of preventing and combating migrant crime helps maintain law-abiding and compliance with laws and regulations, as well as law and order and public safety in the country.  

The purpose of the study is to supplement scientific knowledge in terms of determining the general level of crime of foreigners and stateless persons in modern Russia, to identify factors that contribute to the commission of crimes by migrants. 

Objectives: to assess the current state (general level) of migration crime and compare it with the level among the local population; establish quantitative and qualitative characteristics of crime in the migration sphere; identify specific properties, as well as changes in crime in the migration sphere.  

Methodology. When writing a scientific article, general scientific methods related to universal methods were used: dialectical, historical, system-structural, generalization method and particular methods: extrapolation method, factor analysis, forecasting, document research, content analysis of the press, biographical and statistical.

The results of the study made it possible to: determine the current level of crime among migrants in Russia and identify the main types of crimes that are most often committed by migrants; provide new comparative data on the crime of migrants in comparison with the general population of Russia and a number of regions; identify previously overlooked and new risk factors, as well as the socio-economic vulnerability of migrants.  

Conclusion. Modern Russian society is faced not only with large-scale migration processes, but also with qualitative and quantitative changes in crime in the migration sphere. This phenomenon signals a possible increase in the near future in the increased public danger of the acts of migrants, and if organizational and legal measures are not taken to neutralize this type of crime, then the trend of increasing crimes by foreign citizens and stateless persons will increase in the near future. 

175-185 185
Abstract

Relevance. The use of technological progress by criminals for criminal purposes is one of the pressing problems today. In this context, modern information and communication technologies deserve special attention, providing the possibility of global communication, exchange and storage of information, learning and knowledge acquisition, optimization and anonymization of financial transactions. Manipulating people's consciousness through the use of information and cognitive technologies is today a common way of committing various types of fraud. These opportunities are fully and actively used in the implementation of such a group form of fraud as the activities of fraudulent call centers. 

The purpose of the study is to assess the public danger and identify problems in qualifying the creation and operation of fraudulent call centers. 

Objectives: to identify compliance with the essence of the criminal activity of fraudulent call centers and assess the public danger of this criminal activity;identify problems in classifying such acts and suggest ways to eliminate them. 

Methodology. When writing the work, the tools of dialectical, systemic and activity-based approaches were used, as well as general logical thinking techniques, general scientific and special scientific methods.

Results. It has been established that the underestimation of the public danger of the activities of fraudulent call centers, and, accordingly, the insufficient effectiveness of measures taken today to counter them, are due to ignorance of the fact that the joint criminal activities of fraudsters in this case form a criminal community. 

Conclusions. This type of criminal activity corresponds to all the characteristics of a criminal community (struct redness; unified leadership; the purpose of creation is to commit one or more serious or especially serious crimes to obtain directly or indirectly financial or other material benefits).In addition, the qualification of the activities of fraudulent call centers under Art.210 of the Criminal Code of the Russian Federation will allow the court to ensure the possibility of confiscation of property obtained as a result of criminal activity.

186-198 221
Abstract

Relevance. The article examines the legal and moral aspects of digitalization of the criminal proceedings. The existing system of criminal proceedings presupposes the direct participation of a person at all stages, which reinforces the subjective factor. Automation of some processes will reduce the time spent on certain stages of legal proceedings and ensure objectivity. However, criminal procedural norms are closely related to moral norms, and some of them are dispositive in nature. In this regard, the digitalization of the criminal proceedings should be carried out taking into account both legal and moral imperatives.

The purpose of the research is the analysis of legal and moral principles in the framework of the digital transformation of criminal procedural activity, taking into account the existing legal system.

The objectives of the research: to investigate the combination of legal and moral norms in criminal procedural activities, to determine the importance of the moral aspect in criminal proceedings in the context of digital transformation, to consider the possibility of introducing artificial intelligence systems into criminal proceedings.

The methodology of the research is presented by the dialectical method, the comparative legal method, the method of systematization and special legal methods.

Results. The introduction of information technologies is possible in two ways: as an auxiliary mechanism of legal proceedings and as the main element of the resolution of a criminal dispute. The first way is currently being actively introduced into criminal procedural activities through the gradual introduction of electronic document management, expanding the possibilities of using video conferencing, etc. The second way is the most difficult, as it causes discussions in theory and in practice.

Conclusion. According to the results of the study, it was concluded that the introduction of artificial intelligence systems, although it will facilitate the activities of the law enforcement officer, will completely eliminate the moral element in the criminal procedure. The algorithm will not be able to take into account the unique circumstances of the case. In any case, the law enforcement officer must participate in this process. In addition, any technical innovation should be regulated in detail in the criminal procedure legislation.

199-208 209
Abstract

Relevance of the article is due to the rapid growth in Russia of mercenary crimes committed using information and telecommunication technologies. The largest share of such crimes in the structure of criminal encroachments on property falls on fraud and extortion. The article provides an original analysis of the methods of their commission, which have become most widespread on the Global Network. It is predicted that this type of cybercrime in the future may become one of the serious problems, since criminal schemes for using network Internet resources are constantly updated, and it is not possible to establish all methods.

The purpose of the study is to supplement scientific knowledge of available and new ways of committing mercenary crimes using the Internet to effectively counter them.

Objectives: on the basis of judicial practice, media reports, Internet sources, to identify existing and new methods of committing mercenary crimes on the Internet.

Methodology. When writing the work, methods of scientific knowledge (analysis, synthesis, induction and deduction), as well as statistical, documentary and formal-logical methods were used.

The results of the study consist in describing the available and establishing new methods of committing crimes against property, affecting the qualitative and quantitative indicators of mercenary crime in general. A certain gap in criminological science on the problems of theft of someone else's property through fraudulent actions and extortion on the Internet has been filled. The results obtained can be used in the practical activities of law enforcement agencies.

Conclusion. The socially dangerous consequences of committing cybercrimes against property are determined by their mass, huge number of victims, great damage and high latency. Rapid virtualization of all areas of society makes it possible to predict a consistent increase in encroachments against property on the Internet.

209-221 235
Abstract

Relevance. The growing digitalization of society, leads to the emergence of new forms of socially dangerous behavior (socially dangerous activity). In many ways, such criminal and legal risks are caused by the involvement of the phenomenon of artificial intelligence in various spheres of human activity. During the operation of artificial intelligence, it is also possible to exert harmful effects on artificial intelligence itself and (or) its carrier, which, from the standpoint of the current criminal law, may not always receive an unambiguous qualification.

The purpose of the study is to identify criminal law risks existing in the context of artificial intelligence and formulate scientifically based conclusions regarding the prospects for the development of domestic criminal law and legislation.

Objectives: to identify the key criminal law risks associated with the exploitation of artificial intelligence; to check whether artificial intelligence has the properties necessary for criminal personality; to identify possible options for criminal law assessment of harm caused by the exploitation of artificial intelligence; to establish the sufficiency of criminal law resources to protect artificial intelligence itself from socially dangerous behavior.

Methodology. The methodological basis of the research was the universal dialectical method of cognition of phenomena and processes of the surrounding reality. During the development of theoretical and applied provisions of the work, a set of general scientific and private scientific research methods (formal logical, predictive, formal legal, etc.) was also used.

Results. The prospects for the development of criminal law and criminal legislation of Russia in the context of the problem of artificial intelligence directly depend on the level of scientific and technological achievements in its programming and operation.

Conclusion. The modern potential of artificial intelligence precludes raising the question of its criminal legal personality mainly due to its lack of ability to mentally perceive its own socially dangerous activity, which is a prerequisite for criminal liability. The developer of the corresponding program or the operator of the artificial intelligence carrier device must be responsible for causing harm to interests protected by criminal law in connection with the exploitation of artificial intelligence. 

POLITICAL SCIENCES

222-233 174
Abstract

Relevance. The organization of social policy was significantly modified in Russia during the post-Soviet period, due to the transformation of the economic system. Many foreign countries at the end of the 20th and beginning of the 21st centuries also changed their approaches in the field of social policy, introducing market elements following the example of the United States, as well as responding to demographic changes and economic difficulties. Studying the features and dynamics of domestic and foreign social policy is valuable for consideration of the best practices and problems, for the development of political science and for making decisions.

Purpose: show how the preservation of the goals of social policy in Russia after the collapse of the USSR was ensured when its instruments were changed, compare the domestic system with foreign ones.

Objectives: to show what challenges did the social policy system face in Russia and abroad, how approaches to solving problems in the social sphere have changed, show the formation and functioning of pensions, the healthcare system, unemployment protection and other social policy measures in Russia and foreign countries.

Methodology. The article relies on comparative historical approach, analysis of legal documents, institutions, organizational features and statistical data. The article is based on reports from government departments and analytical companies.

Results. Economic and demographic problems at the end of the 20th and beginning of the 21st centuries create similar challenges for Russia and other countries, but in Russia the impact of these problems was stronger, and Russia also faced administrative challenges. In the post-Soviet period, Russia attempted to reorganize social support along the lines of insurance, but a universalist approach, which involves financing from taxes. The system of social policy in modern Russia does not fall behind foreign analogues in its architecture, scale and efficiency. Its weaknesses are a lot of duplicating benefits, outpacing rates of indexation of social payments and low financing of the healthcare system.

Conclusions. Russia managed to preserve the most important achievements of the Soviet period in the field of social security, namely pensions, free education and health care.

HISTORICAL SCIENCES

234-245 166
Abstract

Relevance. Currently, Russia pays special attention to the study of the country's history. In this regard, the study of certain aspects of the history of society and the state, including the peculiarities of the work of the judicial system in the field of bringing those responsible to justice for violating legal norms in the field of forest protection in the pre-reform period, becomes relevant. 
The Purpose. To study the features of legal proceedings in the Russian Empire in cases of illegal logging in the 19th century, which influenced the transformation of the judicial system during the reforms of Alexander II. 
Objectives. The following tasks are solved within the framework of the article: identify the procedural norms that were in force during the judicial review of cases of illegal logging in the Russian Empire in the pre-reform period; confirm with examples the procedure for considering cases of illegal logging in court; justify the need for transformation of procedural rules governing legal proceedings in cases of illegal logging. 
Methodology. When conducting the research, the author relied on a dialectical approach, using methods such as analysis of legal documents and business correspondence, and comparison of historical documents. 
Results. The duration of consideration by the courts of cases of unauthorized logging in state-owned, incoming and disputed forests with the treasury exceeded all reasonable periods (sometimes tens of years). Violators of forest protection legislation, in the absence of a clear response from the authorities, did not stop illegal logging. 
Conclusion. The peculiarities of legal proceedings in cases of illegal logging in the pre-reform period were bureaucracy, irresponsibility, red tape and, as a consequence, the low efficiency of the judicial system in protecting forests. 

 
246–261 193
Abstract

The relevance of the research topic, firstly, is due to the very problem of centralization and decentralization of power in the system of public administration. Secondly, the designated topic has not yet been the subject of a separate scientific study among historiographers. Thirdly, after the abolition of serfdom and the implementation of a number of liberal reforms in Russia, the issue of decentralization of power in the 1860s and 1890s became more relevant due to changes in public relations, world economic relations, and changes in the system of government itself. 
Purpose. To analyze the views of contemporaries of the 1860s and 1890s on administrative centralization and decentralization of power.  
Objectives: to identify the problems on a given topic in the works of Russian thinkers of the 1860s and 1890s; to describe the main conclusions of contemporaries regarding the administrative centralization and decentralization of power.  
Methodology. In the course of the study, the author applied methods of structural analysis, historicalcomparative, historical-system, logical and others. 
Results. The views of researchers from the 1860s and 1890s on the essence of administrative centralization and decentralization of power during and following the Great Reforms of Emperor Alexander II were considered. Special attention was paid to the analysis of the works of contemporaries devoted to the issues of self-government in the provinces of the Russian Empire as an element of administrative decentralization. A distinction is made between the concepts of political and administrative centralization and decentralization.  
Conclusion.  The reforms of Alexander II seriously revived the scientific community of the 1860s and 1890s on the issues of centralization and decentralization of power in relation to the reforms of local government in the provinces of Russia. In the 1870s and 1890s, works began to appear in the Russian press that were based on the first results of the Great Reforms, and problems arose regarding the scope of administrative centralization and decentralization of power in relation to crown authorities and local authorities. 

 
262–273 122
Abstract

Relevance. The formation of new directions and concepts within the framework of existing scientific directions is one of the main tasks of science. Learning new things by searching for other approaches to the problem is one of the main priorities of the researcher. However, the cognition and formation of Novi should be based on historical identity and the logic of the development of the direction. Social quality management is a new/old branch of quality science. Scientists, statesmen, and specialists from various spheres of public life throughout the existence of human society have been studying the conditions and opportunities for improving the quality of life, as well as developing methods and approaches to implement this task. Currently, in the context of the digital revolution and global upheavals, this problem is particularly acute. 
Purpose. The study of the history of the formation of related scientific and practical directions and social practices that predetermined the formation of social quality management, which is only included in scientific and practical usage and allows you to manage the quality of social objects and processes in the public-public refraction.  
Objectives: To achieve this goal, it is relevant to solve the following tasks: 1) to analyze the historical aspects of the formation of the modern understanding of social management; 2) to characterize the main directions of the modern understanding of social management; 3) to study the process of formation of social quality management. 
Methodology. To achieve this goal, the author turns to a set of specific scientific methods, as well as the interdisciplinary direction of post-nonclassical science – V.S. Stepin's social construction.  
Results. The article examines the historical prerequisites for the formation of modern ideas about social management, and also presents aspects of the humane and culturological approach of social management. The analysis of the formation of social quality management has shown its inseparability with the evolution of social management and the peculiarities of public and state relations. 
Conclusions. Social quality management is a new direction within the framework of the science of quality (qualitology), while its goals and objectives are similar at all times – achieving, ensuring and maintaining an appropriate level and quality of life in society. In the era of the digital revolution, society also finds "salvation in quality" (according to I.A. Ilyin) through the refraction of social quality management through a humanistic paradigm. 

 
274-282 153
Abstract

Relevance. In light of the constant search for the most effective methods of improving the power functions of the state apparatus, methods of monitoring its activities, as well as ways to combat corruption, the experience of creating control bodies at the beginning of the construction of the Soviet state acquires special practical interest, since the history of state control allows us to track the achievements and mistakes of the past, thereby setting guidelines for the present. 
At the same time, the topic of the control system, which extended to all types and forms of public administration and economic activity, remains poorly studied in the part that is characterized by minimal deployment of regional studies. 
Purpose. Studying the experience of carrying out control and audit activities by the Kursk provincial branch of the Workers' and Peasants' Inspectorate in the first years of building the Soviet state, in particular its influence on the restoration of the national economy, strengthening production and labor discipline, and the fight against crime. 
Objectives: to reveal the conditions, methods and results of the control body’s counteraction to criminal manifestations committed at enterprises and government institutions in the early 20s of the 20th century on the territory of the Kursk province. 
Methodology. The research was based on the principles of objectivity and historicism. To solve the problems, the author used the following methods: synthesis, analysis, induction, deduction, historical-legal, historical-genetic, historical-comparative and retrospective. 
Results. A study of the activities of the Kursk provincial branch of the workers' and peasants' inspection during the designated period made it possible, in historical retrospect, to determine the specifics of the crimes it detected and the methods aimed at this. 
Conclusion. The Provincial Workers' and Peasants' Inspectorate made a significant contribution to strengthening the rule of law on the territory of the Kursk province during the analyzed period. 

 
283-296 185
Abstract

Relevance. The history of the Comintern has not yet been studied properly in domestic science. A full-fledged scientific reflection in this direction requires the consideration of various aspects, including the specifics of the scientific dispute in the English historiography of the III International between representatives of the two directions: traditionalist and revisionist, which originates in the 1980s. And continues to the present. 
The purpose of the study is to analyze this discussion. 
Objective: search publications that meet the required criteria, their translation; identification of the subject of discussion, as well as species withdrawals in different periods. 
Methodology. The article about fundamental consistency uses chronological and historical-comparative approaches. 
Results. The researchers, one way or another participating in the discussion of discussions, mainly in the question, influenced the Comintern to talk about how serious autonomy they have in unexpected decisions. 
Conclusions. Belonging to the country did not predetermine the attitude of the authors to a particular problem, and also spread to a broad historiographic position. 

 


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