DOI: 10.25136/2409-7136.2023.12.69271

EDN: SWSVCJ

Abstract: The constitutional regulation of the institution of public authority, taking into account the amendments to the Basic Law in 2020, revealed a number of contradictions with the current legislation adopted subsequently. The levels (international, federal state, regional state and municipal) of the implementation of public power are highlighted and considered, as well as some problems related to both the composition of a unified system of public authorities and the possible negative consequences of the trend of its centralization. The necessity of responding to and including modern technological challenges in the sphere of activity of public authorities is shown. The subject of the study is the institution of public authority, the composition of a unified system of public authorities, legal relations developing within this system, as well as the impact of adopted constitutional amendments and modern challenges (globalization, digitalization, Internet technologies, etc.) on the transformation of the institution in question. The aim of the work is to identify contradictions in the legal regulation of the institution of public power, identify the levels and features of its implementation, and develop proposals to improve the effectiveness of the unified system of public power without prejudice to the institutions of federalism and local government. Material and methods. The study used the current Constitution of the Russian Federation, relevant federal legislation, as well as judicial practice - decisions of the Constitutional Court of the Russian Federation. The general (methods of analysis and synthesis, deduction and induction, system-structural method) and private (formal legal, comparative legal methods, method of generalization of judicial practice) methods of scientific cognition are used. The trend of increasing centralization of public power that has manifested itself at present can be justified to some extent by the current situation associated with unprecedented external pressure and the need for a certain consolidation of society and the state in the person of public authorities. At the same time, the state is called upon to distribute functions between levels of public authority in such a way that the rights of local self-government, as well as the principles of federalism and subsidiarity, which are either directly enshrined in the Basic Law or follow from its content, are strictly respected. The latter assumes the priority right of territorial units of the lowest possible level, with sufficient potential to solve specific tasks, to exercise powers on specific subjects of competence.

DOI: 10.25136/2409-7136.2023.12.39405

EDN: RHKYJS

Abstract: The subject of the research of the scientific article is a comparative legal analysis of two leading constitutional legal doctrines in the Western tradition of law - the concepts of the constitutional state and the rule of law. The article defines the affiliation of the studied doctrines to the Western tradition of law, reveals the necessary prerequisites for the implementation of the corresponding political and legal ideals. Particular attention is paid to the contrasting comparison of the doctrines of the constitutional state and the rule of law. The author sees the most significant differences between the doctrines of the constitutional state and the rule of law in their belonging to the political or legal sphere, the object of restriction, attitude to the judiciary and judicial procedure, connection with the philosophy of law, the form of expression of law and domestic or international legal orientation.    The scientific novelty of the work rests in the fact that the author has undertaken a contrasting comparative legal study of the doctrines of the constitutional state and the rule of law. The article substantiates that the doctrine of the constitutional state belongs to the ideology of the civil law, while the doctrine of the rule of law is the leading constitutional doctrine in the states of common (Anglo-American) law. In contrast to the continental concept of the constitutional state, the doctrine of the rule of law is organically linked to the specific experience of the political and legal development of England, aimed at establishing a universal, defined, based on a common law order, the limitation of the law, the primary basis of which is the case law of the courts, the current executive power, is considered not only as domestic, but also international legal the concept, and pays special attention to the observance of the procedural form, with which it associates the achievement of the goals of the rule of law.

DOI: 10.25136/2409-7136.2023.12.69386

EDN: DTLORH

Abstract: The access to the competent legal assistance is recognized as one of the key national social tasks. The importance of legal assistance as an independent guarantee of rights, freedoms and legitimate interests is of no doubt. The important question is to what extent a free legal assistance is necessary and demanded in present-day conditions. The goal of research described in the article is to study the status, problems and prospects for developing the Russian system of free legal assistance today. The research mainly used theoretical and empirical general scientific methods and specific scientific methods, such as analysis, synthesis, induction, deduction and comparison, as well as questionnaire survey. As part of the goal, we have studied main aspects of the free qualified legal assistance to the population. The research findings show that the lack of the population awareness of legal support services, and sometimes even their legal illiteracy, causes many people to be afraid to apply for free legal assistance. In addition, findings of the research on the attitude of younger generation to free legal assistance allow us to develop some practical recommendations on how to improve the level of legal culture and literacy of the population. The author considers in the article some aspects of providing legal assistance to the population and try to answer the question: do present-day youngsters need legal assistance, and how they regard the existing organization of legal support for the population.

DOI: 10.25136/2409-7136.2023.12.69371

EDN: DVBMBD

Abstract: The article comprehensively examines cybersecurity issues, as well as the origins and principles of hacktivism, and gives their definitions. The tools used by hacktivists in their destructive activities are examined and their classification is presented. The criminal legal characteristics of the types of crimes used by hacktivists when carrying out cyber attacks are determined. The importance and necessity of proper measures to overcome the phenomenon of hacktivism is presented. The existing criminal legal methods of countering manifestations of hacktivism, available in Russian criminal legislation, are analyzed. Measures to counter IT threats of an organizational and technical nature are proposed. The topic under study requires further collection and processing of empirical material in order to identify new methods of committing cyber attacks on critical infrastructure and developing new approaches to combating this type of crime, ensuring uniform practice. Hacktivism is a new phenomenon in the IT environment. Hacktivism does not imply material benefit from the acts committed, which makes it difficult to classify and differentiate from related groups. Thus, a scientific interpretation and elaboration of a unified conceptual apparatus is required to ensure a uniform practice of identifying and countering this type of socially dangerous acts. The article concludes that the methods practiced by hacktivists when carrying out cyber attacks are described and have their own qualifications in the criminal legislation of the Russian Federation. However, it must be taken into account that attacks are often carried out from the territory of other countries and the groups themselves are transnational. Therefore, to successfully counter these destructive phenomena, it is necessary to develop international cooperation in law enforcement and unify responsibility for such acts. Countering hacktivism requires a comprehensive approach that includes legal, technical and social components.

DOI: 10.25136/2409-7136.2023.12.69397

EDN: FNAFRU

Abstract: The subject of this article is theoretical concepts and explanatory models used in legal science to identify the essence of law and legal phenomena, as well as issues of the evolution of methodological knowledge in jurisprudence in modern conditions. Due to the lack of adequate tools in classical jurisprudence for describing and researching the nature of new phenomena of legal reality, as well as in connection with overcoming politically and socially determined methodological limitations, legal science is faced with the need to search and disseminate new methodological approaches. New methodological approaches in the social sciences in general and in jurisprudence in particular do not pretend to establish the absolute truth, their advantage lies in the integration of traditional approaches. When considering the problems of the methodology of modern legal research, the author points out the need to apply new postclassical approaches, including the communicative theory of law. The novelty of the research consists in substantiating the impossibility of the transition of legal science to a qualitatively new level of knowledge of law and legal phenomena, provided that it uses the classical (and to a certain extent outdated) methodological optics. Since legal science develops in the context of the development of scientific knowledge in general and goes through the same stages in its development, at the present stage its development may be associated with the application of integrative concepts of legal understanding. One of the most interesting integrative concepts of legal understanding is the communicative approach, which allows us to give a more complete picture of the law, of all legal institutions, as it introduces legal dogmatics into the context of social communication. The communicative approach offers legal science new tools for understanding law and legal phenomena in their social dimension, which is the basis for using it as a methodological basis for current research in the field of lawmaking and law enforcement.

DOI: 10.25136/2409-7136.2023.12.69154

EDN: EOZCYO

Abstract: The conduct of a special military operation on the territory of Ukraine (hereinafter referred to as SVO) gave a great impetus to the development of legal regulation of relations arising between the state and the military, and the revision of the basic laws in this area. The purpose of the study is to pay special attention to the analysis of the status of servicemen who returned from the SVO zone, which led to the emergence of new tasks: firstly, updating existing legislation, inventing new legal mechanisms to organize the granting of the right to rehabilitation of servicemen of this category; secondly, the need for practical provision of rehabilitation measures: the use of existing tools, from the involvement of organizations that can use existing resources to provide them before developing new methods and methods of rehabilitation, both at the federal and regional levels. In the course of the study, the tasks set were solved by the author using general scientific (dialectical, systematic, formal-logical) and legal (comparative-legal, sociological, axiological) research methods. The novelty of the study lies in the fact that the author has determined the legal status of servicemen who returned from their military service zone (discharged from military service), which allows determining their right to comprehensive rehabilitation: military personnel who have received the status of a combat disabled person and military personnel who have received the status of a combat veteran. The author came to the conclusion that the volume of rehabilitation of combat invalids is determined by his status, assuming the existence of all the rights of persons with an established disability. The author also analyzed regional legislation in this area and determined that some areas within the framework of the comprehensive rehabilitation of military personnel, which the regions focus on, seem promising, however, a more "point policy" in this area is carried out in the regions, taking into account the capabilities of each region and existing resources, which does not always cover all the tasks of comprehensive rehabilitation. The main conclusion of this study is the determination that comprehensive rehabilitation should be multidimensional and take into account many factors for the real recovery of such a category of citizens as military personnel who participated in the SVO, which can only be achieved by the certainty of federal legal regulation in this area, establishing a single legal status of such subjects to secure them a specific right to comprehensive rehabilitation.

DOI: 10.25136/2409-7136.2023.12.69452

EDN: EIJUVD

Abstract: The article discusses the problems of implementing the principle of transparency of algorithms when using information technology. The computer algorithms underlying the software often remain "black boxes" for individuals. The proposed article substantiates the need for legislative stipulation of the principle of transparency of algorithms. It assumes the openness and accessibility of information about the information used by the algorithm, the sources of obtaining such information, logical circuits and mechanisms for their processing, as well as the nature of the information obtained as a result of processing, the purposes and methods of its use. Noting the positive trends in Russian legislative regulation, the author emphasizes the need to improve legislation. The study was carried out using the comparative legal method. Examples of the legal consolidation of the principle of transparency of algorithms in the legislation of foreign countries are considered. In relation to Russian legislation, gaps in regulation are noted on the basis of the formal legal method, and proposals are formulated to eliminate them. The scientific novelty of the research lies in the formulation of the content of the principle of transparency of algorithms. It is noted that the principle of transparency should be manifested in the realization by individuals of their right to receive reliable, comprehensive and understandable information about the functioning of algorithms, about the information used and about the derived data. It is emphasized that at the level of the federal law, a criterion for the comprehensibility of information for users should be formulated. The position is also expressed that in the case of using algorithms in recommendation systems or in targeted advertising, the user should be able to refuse algorithmic processing of data about him, or limit the use of certain personal information by algorithms.

DOI: 10.25136/2409-7136.2023.12.68918

EDN: EHBFMH

Abstract: The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.