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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2022
Contents of Issue № 07/2022
Law and order
Belyaev I.Y., Belyaev Y.V. - Big Data' and Data Mining' Role in Fight Against Drug Trafficking pp. 1-13



Abstract: The subject of the research is the ways of using modern Big Data and Data Mining methodologies to improve the process of lawmaking and law enforcement practice in the field of illicit trafficking of new psychoactive substances. Based on the experience of European countries and international experience in general, the author proves the need to create a methodology for early detection of the spread of new psychoactive substances that pose a significant threat to public health. This technique, according to the author, can be based on the use of methods of applied statistical analysis of the Google Trends database, which, in turn, can be used to combat drug crime in terms of detecting and predicting crimes. The practical significance of the conducted research lies in the development of a methodology for early detection of the spread of new psychoactive substances, which can be used to optimize the operational legislative response and improve law enforcement practice in the field of combating illicit drug trafficking. The scientific novelty of the conducted research consists in the creation of a predictive rule in the form of a linear regression equation that allows predicting the spread of such a new psychoactive substance as mephedrone in various regions of the Russian Federation, as well as planning operational investigative measures taking into account the identified risk zones. This study may be of interest to law enforcement officials, legal scholars, students and teachers of law schools.
State institutions and legal systems
Gorokhova S.S. - Using the trust management mechanism as a way to prevent conflicts of interest in the public service: the US experience pp. 14-31



Abstract: The subject of the study is the legislative and law enforcement experience of the United States in the field of using special types of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the public service. The relevance of this study is confirmed by the fact that the United States, one of the few states that uses this tool, as well as the Russian Federation. However, in our country, the legal regulation of this institution is still not perfect enough, therefore, it is important enough to study the experience of those states where there is such a practice. The work was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation for 2022. The scientific novelty of the research is determined by the fact that currently there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusions were made.The most developed, from the point of view of the legal regulation of the institution of trust management of the property of civil servants, is the legal regulation in the USA, where, in addition to the legislative consolidation of the very possibility of placing their assets in a trust (as an alternative to sale), there are detailed administrative regulations for the actions of employees, including, among other things, developed forms forms of documents for each stage of the procedure. For Russian legislation, a detailed regulation of the actions of civil servants in the situation with the transfer of property to trust management also seems very reasonable, since the current reference to the norms of civil legislation obviously does not satisfy the necessary regulatory need, which leads to significant difficulties in law enforcement.
Questions of current interest
Paschenko I.Y. - The impact of digital transformation on changing legal nature of information in digital form pp. 32-43



Abstract: The article examines the legal nature of digital information in the context of the development of the digital economy and the digitalization of public life. The author draws attention to the fact that information in digital form forms the basis for the emergence of new objects involved in turnover. Turnover, taking into account the need to meet the various needs of the individual, exists both in fact – in everyday reality and in virtual space – through information systems. In modern circulation in everyday life and the electronic environment, information can be presented in various forms. It is noted that in the conditions of rapid development of information technologies, the right to access information becomes important, and the information carrier loses its previously known importance in legal relations. In the conditions of digitalization, the division of new turnover objects into two varieties is proposed. The first group consists of objects that exist in the usual real form, but acquire an electronic form. Transformation accelerates turnover and allows us to work out optimal ways to exercise rights to such objects. The second group is formed by objects that arise and exist in virtual space within the framework of information systems. The possibilities of using such objects are determined by the level of development of information technologies. It is impossible to predict the appearance of new objects of economic value in the digital economy, and the choice of legal economy tools is not always a suitable way of law-making. Special attention is paid to information as a basis for turnover objects in the context of the theory of absolute and relative rights. The attempt to establish the ownership of information and limited property rights is analyzed, and the conclusion is made about the problematic existence of such structures. At the same time, the author shows a change in the understanding and essential meaning of information as a category in the conditions of digital transformation. It is concluded that it is necessary to develop a concept of digital information regulation.
Law and order
Mironov R. - Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society pp. 44-63



Abstract: In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.
Ershova K.A. - Issues of application of administrative supervision of legal entities pp. 64-72



Abstract: The article examines certain issues of criminal liability of legal entities and unresolved issues of countering crimes committed both before the facts of illegal activity are revealed and after the subject to criminal responsibility declared guilty. The effectiveness of countering environmental and economic crime depends on solving the problem of preventing repeated crimes. The object of the study of this article are the norms of administrative and criminal legislation that establish the concept and signs of multiple crimes, as well as administrative supervision of persons convicted of committing a crime and responsibility for evading administrative supervision. The work examines the norms of criminal and administrative law. The analysis of situations requiring resolution at the legislative level is carried out. The ways of improving the current criminal and administrative legislation are proposed. To prepare the article, both general scientific research methods, including analysis, systematization and extrapolation, and special methods of cognition were used. The novelty of the research lies in the construction of concrete proposals for the development of the institution of criminal liability of legal entities and the prevention of their recidivism. The paper emphasizes the need for the execution of court decisions and suggests ways to achieve it. The measures aimed at improving the corporate policy of a legal entity are described. The paper substantiates the need to apply administrative supervision measures to legal entities as a way to protect violated rights.
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