DOI: 10.7256/2454-0706.2020.10.34209

Abstract: This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

DOI: 10.7256/2454-0706.2020.10.34250

Abstract: The subject of this research is the interdisciplinary legal and computer research tools and methods. The authors substantiate the interdisciplinary (legal-computational) methodology for automated analysis and assessment of qualitative changes in legislation and law enforcement practice. Interim results of the research project that are of methodological nature and cover methodological paradigm, principles, means and methods of scientific research are provided. The formulated conclusions represent a summary of heuristic search and computational experiments carried out in the domain field of administrative tort law, as well as comprehension of the process and results of research from both, legal and computer perspectives. Explanation is given to the interdisciplinary paradigm in the indicated methodological area. Leaning on the empirical evidence and observations, the author formulates the three research principles: principle of heterogeneity of domain, principle of discreteness of legal practice, and principle of identity of the model. As the key research tools, the author substantiates and tests in computational experiments the scientific information-analytical system, mathematical and social indicators have been developed, justified and tested in computational experiments. Computer methods (knowledge modeling, natural language processing, machine learning) that ensure automation of identification and usage of indicators mate with the dogmatic method, systemic analysis and expert assessment responsible for legal interpretation of computations.  The legal and computer tools are determined for identification and usage of the principal indicators. In conclusion, the author outlines a number of problems and restrictions determined in the course of the conducted research.

DOI: 10.7256/2454-0706.2020.10.34413

Abstract: Manifestation of the new methods of scientific research based on computational processing of high volumes of data (experimental, statistical, secondary information, etc.) led to broadening of the methods of scientific cognition, as well as to changes in the processes of legitimation of new knowledge. The article examines separate aspects of the indicated changes, and raises a question on the need for more accurate and systematic monitoring and analysis over the processes of changing the mechanisms of legitimation of scientific knowledge, obtained within the framework of “science based on big data”. The conclusion is made that in the context of the Fourth Paradigm (Data-Intensive Science) is being formed the fourth strategy for legitimation of scientific knowledge – “digital legitimation”. The knowledge generated by data-intensive science is legitimized virtually by complexity and scale of technologies used for its acquisition. The author underlines the need for thorough analysis of the “digital” type of legitimation due to the fact that the expansion of digital method for production of scientific results bears a number of risks. Particularly, alongside with accumulation of inaccuracies and deterioration in the quality of scientific examination, most severe risks consist in possibility of science being caught into the institutional development traps, as well as in exacerbation of the existing systemic crisis.

DOI: 10.7256/2454-0706.2020.10.34174

Abstract: Relevance of the selected topic is justified by the importance of the institution of liability for the current tax systems, since taxpayers are not always willing to voluntarily part with their earnings. Drawing on the experience of the developed countries can be valuable in determining advantages and disadvantages of the models of the institution of liability for violations of tax legislation, with future consideration in reforming the corresponding sphere of social relations in Russia. The goal of this work consists in examination of peculiarities of the institution of liability for violation of tax legislation in the United States, jurisdiction with one of the most effective tax systems in the world. For achieving the set goal, the author sets a number of scientific tasks, among which is consideration of the types of liability for violation of tax legislation in the United States and questions of their demarcation, as well as the forms of penalties for violating tax legislation. The following conclusions were made: 1) liability for violation of tax legislation in the United States can be either criminal or civil; 2) both types of liability are established in the same legislative act – the Internal Revenue Code; 3) demarcation of liability is rather conditional, depending on the type of offence, severity of penalties for its commission, as well as procedure of implementation of liability; 4) civil liability for violation of tax legislation in the United States has no parallels with the Russian law, and essentially incorporates the features of administrative and civil liability; 5) since in the United States law, civil penalties can have restorative justice nature, a person can be subject to both administrative and criminal liability for the same offence.

DOI: 10.7256/2454-0706.2020.10.33985

Abstract: This article provides comprehensive description of the crime established by the Article 274.1 of the Criminal Code of the Russian Federation. The subject of this research is the crimes in the area of information technologies and their circumstances set by the Article 274.1 of the Criminal Code of the Russian Federation, as well as comprehensive characteristic of criminal impact upon the critical information infrastructure of the Russian Federation. The subject of research also includes the concept of the object of infringement – the critical information structure of the Russian Federation, isolated circumstances of the instance of crime that determine the nature and dynamics of criminal activity thereof, classification and criminalistic characteristic of the objects of crime, essential evidence of unfavorable consequences of undue influence upon critical information structure of the Russian Federation. Definition is given to the concept of the object of infringement – the critical information structure of the Russian Federation. The author examines isolated circumstances the instance of crime that determine the nature and dynamics of criminal activity thereof. Classification and criminalistic characteristic are given to the objects of crime; essential evidence of unfavorable consequences of undue influence upon the critical information structure of the Russian Federation is identified and analyzed. The author concludes that taking into consideration the fact that currently there is no practice, guidelines, recommendations on investigation and detection of crimes established by the Article 274.1 of the Criminal Code of the Russian Federation, the crimes that fall under the indicated category have even grater latency compared to other crimes of the Chapter 28 of the Criminal Code of the Russian Federation, which necessitates the development of guidelines, recommendations, normative legal and local acts on detection, investigation and prevention of crimes in the area of computer technologies.

DOI: 10.7256/2454-0706.2020.10.33812

Abstract: The subject of this article is the trends of reflection of the problems of national security in the Russian scientific works within the framework social and humanities disciplines as a whole, and jurisprudence in particular. Research methodology is define by uniqueness of the subject matter. Analysis is conducted on the texts of thesis works defended in jurisprudence, economic, sociological, philosophical, and political sciences in the XXI century. Using the level approach, the author proposes classification of scientific works depending on the proximity of their subject to national security as the complex object of study, as well as gives a brief overview of the structure of research from the perspective of different scientific disciplines. Attention is turned to underdevelopment of cross-disciplinary relations within the framework of the universal theory of national security. The author creates a five-level model of the theory of national security that allows ranking research from the applied levels to most abstract. In the context of this model, the author examines methodological approaches towards national security that formed within the framework of different social and humanities disciplines. The conclusion is made on the leading role of political science in creating a cross-disciplinary theory of national security; however, emphasis is placed on the fields available for analysis using solely the legal scientific methodology. Considering the revealed lacuna with regards to fundamental legal research, the need for further theoretical-legal research of national security is substantiated.