Электронный журнал Юридические исследования - №11 за 2019 г. - Содержание - список статей. ISSN: 2409-7136 - Издательство NotaBene
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Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 11/2019
Contents of Issue № 11/2019
Questions of current interest
Bakhteev D.V. - Risks and Ethical-Legal Models of Using Artificial Intelligence Systems pp. 1-11

DOI:
10.25136/2409-7136.2019.11.31333

Abstract: The matter under research of the legal patterns of interaction between the society and individuals and artificial intelligence technologies. Elements of the matter under research is the technological grounds for functioning of artificial intelligence systems, potential risks and negative consequences of using this technology based on the example of intellectual processing personal data and autonomous vehicles and weapon systems, ethical and legal approaches to its regulation. Bakhteev analyzes approaches to describing positions of artificial intelligence systems and whether these systems have personalities and thus certain rights. The research is based on the method of modelling that is used to describe stages of ethical-legal research of artificial intelligence technology. The author also describes different kinds of responses of the society to the development of the aforesaid technology. The main conclusions of the research is the description of stages of artificial intelligence studies, in particular, analysis of the technology itself, associated risks and responses of the society and creation of ethical and then legal grounds for regulation of this technology. The author gives the results of the analysis of possible ethical-legal models of subjectivity of artificial intelligence systems from the point of view of the need and possibility to grant them certain rights. These models include instrumental, tolerant, xenophobic and empathetic. The author also states the main provisions of the code of ethics for developer and user of artificial intelligence systems. 
JUDICIAL POWER
Karimov R.M. - Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation pp. 12-20

DOI:
10.25136/2409-7136.2019.11.31392

Abstract: In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 
Pleshanov A. - Unification of Conciliation Procedure Acts and Main Parameters (Based on the Federal Law No. 197 of July 26, 2019) pp. 21-39

DOI:
10.25136/2409-7136.2019.11.31461

Abstract: The object of the research is the unification of conciliation procedure acts stated by the Federal Law No. 197 of July 26, 2019 as one of the most important development trends of the civil process. The subject of the research is the acts of the civil, arbitration and administrative legislations as well as researches in the spheres of civil process and alternative procedures of legal conflict resolution. Pleshanov tries to find answers to two questions, about parameters (directions) of the unification of conciliation procedures; and limits of the application of different kinds of conciliation procedures during hearing of civil and administrative cases as well as economic disputes. The methodological basis of the research included the following methods: analysis, synthesis, structured system, formal logical, theoretical prognostic, comparative legal analysis and interpretation of legal acts. The main conclusions of the research are the following provisions. Unification of conciliation procedures implies elimination of differences and contradictions, first of all, in relation to conciliation procedures, secondly, limits of the application of conciliation procedures, thirdly, the order of application of conciliation procedures. As the criteria for determination of the limits of application of conciliation procedures, the author of the article suggests to use the problematic nature of the case and applicability of conciliation results to a particular kind of conciliation procedure. The author also offers different variants of elimination of baseless divergences in the regulation of conciliation procedures in civil, arbitration and administrative proceedings that haven't been eliminated in the process of institutional unification based on the Federal Law No. 197 of July 26, 2019. 
Law and order
Verenich I.V. - Criminalistic Studies about Overcoming the Counteraction to the Crimes of Investigation pp. 40-45

DOI:
10.25136/2409-7136.2019.11.31368

Abstract: The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure. 
Gudkov A.P. - Fraud Object in the Sphere of Public Procurement pp. 46-52

DOI:
10.25136/2409-7136.2019.11.31611

Abstract: The subject of the research is the fraud object in the sphere of state and municipal (public) procurement. The aforesaid kind of fraud is not specially stated by the Russian Federation criminal law. Meanwhile, there is a great number of thefts committed in the sphere of public procurement and resulting in the loss of many millions from the budgets at different levels. For successful counteraction of such crimes, it is necessary, first of all, to define the object of aforesaid fraud and to describe specific features thereof. Another debatable issue of legal science is the question about the general object of crime. In his article Gudkov analyzes views of theorists and sources of criminal law in different historical periods as well as judicial practice in defining the object of crime including fraud and specific features of the sphere of public procurement. The main conclusions of the research are the following: - general, generic and specific fraud objects in public procurement and the main component elements of fraid are the same; - the main indirect fraud object in public procurement is the social relations that ensure inviolability of state and municipal property; - additional indirect fraud object in procurement is the social relations that ensure efficiency and good performance of the contract system in the sphere of procurement of goods, works and services for state and municipal needs. 
Practical law manual
Shukhareva A.V. - Invalid Entry in the Uniform State Register of Legal Entities: Consequences of Inaccurate Data in the Register and Measures of Protection of Bona Fide Entities pp. 53-60

DOI:
10.25136/2409-7136.2019.11.30182

Abstract: The subject of the research is the analysis of implementation of the public accuracy principle to the Uniform State Register of Legal Entities and legal consequences of inaccurate entries. The author of the article analyzes how a state entry can be declared invalid and associated decisions can be made. The author also studies judicial experience in declaring entries made by the Tax Inspection of Russia in the Uniform State Register as invalid based on the analysis of 'nominee director' cases. These cases included registration of a legal entity as a physical entity using passport information of an individual who had received a certain payment and cases when criminals steal personal information. In the course of her research Shukhareva has applied the following research methods: analysis and synthesis, systems approach, structural functional and formal legal analysis. The results of the research demonstrate that to declare an entry as invalid in cases of 'nominee director', it is first necessary to initiate a criminal case according to Article 170.1 of the Criminal Code of the Russian Federation and make a procedural decision. The author concludes that criminal prosecution proves the fact that a legal entity which registration is disputed does not have a competence to manage or be recognized as a bona fide entity. Criminal measures combine with civil measures and even influence efficiency of one another. In cases when an individual becomes a nominal director not by his will but as a result of wrong actions of the third parties, it is possible to recognize invalid entry in the Uniform State Regiser of Legal Entities by appealing procedural decisions due to the absence of a violator. 
Egorova O.A. - Appointment of a Proper Defendant in Cases Over Insurance Indemnity Under Third Party Liability Insurance Contract pp. 61-68

DOI:
10.25136/2409-7136.2019.11.31274

Abstract: In this article Egorova analyzes questions that relate to the process of appointment of participants in a judicial process resulting from third party liability insurance contract made by vehicle owners who may act as an obligator on the side of the defendant. The importance of apointing a proper defendant is caused by the fact that these are unique cases that require a different court procedure, thus, the relationship between parties that existed prior the trial may significantly affect the final decision of the court. The research is based on theoretical and comparative analysis of the provisions of the Federal Law No. 40 of April 25, 2002 'Concerning Compulsory Civil Insurance of Owners of Means of Transport' that set forth several ways of compensation of harm as a result of road traffic incident, each way has its own proper defendant. The results of the theoretical analysis allow to describe a range of potential proper defendants nunder third party liability insurance contract. This proves the importance of the issue raised by the author of the article. The practical importance of the research is proved by the author through analyzing procedural competences of court and what defendants may be involved in the dispute.    
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