Abstract: The subject of this research is the trends and prospects for the development and implementation of artificial intelligence in the military sphere of one of the BRICS member-states – South Africa in the context of national acts (for example, the Law of 2008 “On the Right of Intellectual Property for State-Funded Research and Development”), the potential and needs of this country, as well as achievements in design and manufacturing of unmanned aerial vehicles by the competitor companies (Seeker 400, MA 380, etc.). The relevance of this topic is substantiated by timely consideration of the legal perspective of the approaches of South Africa towards the implementation of artificial intelligence. The scientific novelty of this article is defined by the focus of research and the acquired results. It is determined that South Africa takes the path of institutional, legal and practical consolidation of the development of artificial intelligence in form of creation of designated infrastructure (on the premises of the universities, for example, Intelligent Systems Group at the University of Pretoria), as startups, scientific network structures (Center for Artificial Intelligence Research), etc. It is demonstrated that South Africa is the manufacturer and seller of the line of unmanned aerial vehicles that are controlled by the artificial intelligence and capable of performing various civil or military tasks – from moving cargo (including laser-guided bombs) to monitoring the territory (search and rescue or reconnaissance operations, damage assessment from natural disasters or combat operations, control conduct of fire at enemy positions, etc.).

DOI: 10.7256/2454-0706.2021.9.36015

Abstract: The subject of this research is the legal and economic aspects of regulating the economy and transport in municipalities of “white” Russia during the civil war. The article reveals the key provisions of the legislative and administrative practice of white governments in these economic sectors. The relevance and novelty of this article is substantiated by the remaining gap within the historical-legal science on the topic at hand. Analysis is conducted on the failure of attempts of state regulation of the indicated economic sectors in the conditions of economic ruin using the economic methods and transition towards rigid administration, which did not bring expected results in establishing the work of industry and transport. The following conclusions are formulated: 1. The legal policy and administrative activity of the white governments consisted in restoration of rights of the former business owners and reviving the declined industry and transport on a market basis. 2. Since the majority of private enterprises did not have the necessary circulating assets, the government was forced to transfer them to the state administration and finance them. 3. The transition from market-based methods of industrial and transport management towards imperative administration led to the formation of unproductive quasi-market relations and state management quasi-ownership. 3. The work of cooperatives, which did not require state subsidies and largely provided the army with the essentials, did not receive due state support, since most of the government orders were delivered by the military-industrial complex, although cooperative products were cheaper. 4. Subordination of transport operations to military needs led to the disruption of commercial transportation, which caused standstill or shutdown of many businesses. An important factor of economic collapse consisted in bureaucratic hurdles and corruption within the government apparatus of “white” Russia.

DOI: 10.7256/2454-0706.2021.9.36333

Abstract: This article examines the correlation between constitutional argumentation and the models of transformation of legal rules occurring under the influence of constitutional judgments. With references to the case law of the Russian Constitutional Court, the German Constitutional Court, and the United States Supreme Court, the author analyzes argumentative patterns that arise when dealing with specific options for legislative correction. This article focuses on such measures as striking down a legal provision, formulating an exception to a general rule, correcting the hypothesis, disposition, and sanction of a legal norm, clarifying the mechanisms of legal regulation in terms of time, territory, and persons affected, filling legislative gaps and providing additional safeguards. The article makes an original contribution to scholarship because it explores constitutional argumentation instrumentally. Having shown that argumentation serves a supplementary function to judicial review, the author identifies the argumentative patterns prevailing in constitutional discourse and analyzes the mechanism of constructing arguments. It is argued that constitutional reasoning reflects the critical assessment of lex lata and portrays its constitutional deficiencies with a simultaneous projection of normative models that meet constitutional requirements. The article concludes that constitutional argumentation aims to demonstrate constitutionally acceptable legislative decisions and explain why, how, and in what part a challenged law is to be amended.

DOI: 10.7256/2454-0706.2021.9.36355

Abstract: This article reviews most controversial issues pertaining to legal, organizational and actual possibility of using 3D video modeling in averment on criminal cases. The author analyzes the approach adopted in the US legal system towards application of video models of evidence in judicial proceedings, distinguishing between the main forms of 3D video models that exist in the US criminal procedure. Leaning on the analysis of particular judicial precedents and normative acts that regulate the questions of criminal proceedings in the United States, the author outlines the conditions (rules) for admissibility of 3D evidence. Applicable to the criminal procedure of the Russian Federation, the article formulates the legal framework for using video modeling in criminal proceedings, as well as gives a general description to the system of criminal procedural guarantees that ensure the rights of the individual in the context of using video modeling, and accuracy of information acquired from such evidence. The research employs the general philosophical method of materialistic dialectics, methods of analysis, synthesis, legal experiment, and comparative legal method. The scientific novelty consists in the fact that the author is one of the first to explore the question of using the results of video modeling in criminal proceedings in the Russian Federation. The analysis of the US law enforcement experience on the subject matter is of particular relevance due to accumulation of the vast practical experience in adapting video modeling technology to the needs of criminal justice of the XXI century. The doctrine of the national criminal procedure had not previously to determine the role of 3D video modeling in averment on criminal cases. The author's conclusions on the need to use the results of video modeling, including immersive reality, not only in expert activity, but also in criminal procedure (for example, in the course of hearing of arguments) are aimed at the transformation of criminal proceedings with regards to its optimization via digitalization.

DOI: 10.7256/2454-0706.2021.9.36346

Abstract: The object of this research is the social relations arising in the sphere of counter-drugs activity. The author outlines the problems of law enforcement in the context of determining the quantity of d- Lysergide (LSD, LSD-25). The scientific community is divided over the conclusions and recommendations on determination of the quality and quantity of LSD for the purposes of criminal legislation. Infringement of the rights of defendants to equal protection is observed. Special attention is given to the existing investigative practice and case law, the results of which allow formulating the key elements of the research. The author carefully examines foreign experience in determining the quantity of the drug d- Lysergide, and reveals similar issues within the Russian legal field. Some authors truly believe that the current regulation contradicts the fundamental principles of the administration of justice, while others offer alternative methods for resolution of contradictions, and this bringing the investigative practice and case law to uniformity, which would prevent the infringement of rights to equal protection. The goal of this research lies in consideration of the problems of determining the quantity of narcotic substance d-Lysergide (LSD, LSD-25), as well as in establishment of the conditions that would prevent violation of the rights of convicts. Based on research competence, the author makes recommendations for improvement of the existing procedure on determination of the narcotic substance under review.

DOI: 10.7256/2454-0706.2021.9.36431

Abstract: The object of this research is the regional youth representative structures, while the subject is the establishment of youth parliamentary structures in the Russian Federation. The research leans on the methodology of historical neo-institutionalism with the “path dependence” approach. Attention is turned to studying the topic from the perspective of the need of federal and regional government in young personnel, substantiated by the shortage of competent specialists as a result of social disturbances. The empirical basis of this research is the interview with the former governor of Vologda Region (from 1996 to 2011) Vyacheslav Pozgalev, who was among the pioneers of the youth parliamentary movement. The novelty of this lies in examination of the phenomenon of youth parliamentarism in historical aspect. The date of creation of the first youth parliamentary body in Russia is established. The author determines five key prerequisites for the emergence of youth parliamentarism in the Russian Federation: European Charter; proliferation of the Western democratic values; political situation in the country; need for conventional self-expression of youth and creation of the filter for the youth labor pool. These prerequisites contributed the emergence and development of the institutions for expressing the political demands of the youth in the context of continuous dialogue ion with the federal and local government.

DOI: 10.7256/2454-0706.2021.9.36380

Abstract: The object of this research is corruption among the representative bodies of municipalities as a separate significant phenomenon from the perspective of criminology. The subject of this research is the norms of international and Russian legislation that regulate the legal status of the representative bodies of municipalities in the Russian Federation, as well as scientific work of the experts in criminology, constitutional, municipal and criminal law, which allow disclosing the key characteristics of corruption among the representative bodies of municipalities. The goal of this article lies in formation of holistic view of corruption among the representative bodies of municipalities. The task is set to examine and analyze the legislation and scientific literature on the activity of the representative bodies of municipalities and their members (deputies), determine the key attributes of corruption among the representative bodies of municipalities, as well as establish this negative sociopolitical and legal phenomenon. The scientific novelty consists in studying the peculiarities of corruption among the representative bodies of municipalities, describing the key characteristic features of this phenomenon (sphere of existence, constituencies, scope of objectives), and giving the working definition to the concept of corruption among the representative bodies of municipalities. The acquired results lead to the conclusion that corruption in the representative bodies of municipalities is a complex and multifaceted phenomenon that negatively impacts the activity of a particular municipality, as well as the system of local administration overall.

DOI: 10.7256/2454-0706.2021.9.36488

Abstract: This article is dedicated to the analysis of the current state of digitalization of the migration sphere in the Russian Federation. It is demonstrated that the implementation of modern digital technologies, as well as information technology tools into the mechanisms of migration governance (in a broader sense, digital transformation of the system of relations between migrants and accepting country) is objectively inevitable in the context of global digital transition and growing role of the migration factor for the economy. The goal of this research is to determine the political-legal factors and problems that impact digital transition in the migration sphere of the Russian Federation. For achieving the set tasks, the article employs general scientific methods and approaches, including comparative methods. The author provides a brief overview of coevolution of the migration situation and migration regulation in the Russian Federation for the period 2012–2021. It is noted that the goals, tasks and instruments of migration governance change along with the transformation of perception of the importance of migration factor for the Russian Federation and its role in solution of economic development objective. Based on the parallel consideration of political-legal decisions and practices of digitalization of the migration sphere, the author summarizes the current results and challenges. It is indicated that the project approach and advanced legal regulation contribute to the digital reforms in the migration sphere; however, in practice we can observe deceleration of the pace of reforms due to lack of coherence in actions and conceptual approaches. The key reason is that the basic acts that regulate modernization of the migration sphere in the Russian Federation are not the strategic planning documents.

DOI: 10.7256/2454-0706.2021.9.36491

Abstract: This article determines and analyzes certain characteristics of modern approaches towards the problem of attitudes to the sources of study on the history of political and legal thought. The attempts to speculate on hermeneutic practices as the constitutive method in analyzing the political and legal views of the philosophers of the past and modernity are subject to critical evaluation; and, on the other hand, the importance of qualified interpretation and analysis of the classical legal heritage is emphasized. It is demonstrated how conventional, shallow, or ideologized attitude towards the sources of study on the history and political thought creates fallacious and often just quasi-religious patterns of interpretation of the fundamental ideas and concepts, content of the discussed topics and problems, and social-practical orientation of their views. The scientific novelty lies primarily in determination and clarification of certain crucial aspects of modern methodology of the history of political and legal doctrines that are meaningful for the philosophy of law and legal theory overall. This pertains to the improvement of cognitive techniques and practices of the political and legal ideas of the past and modernity, namely through minimization or elimination of such approaches towards their cognition that speculate on anti-historical attitudes; constitute interpretation as the key semantic unit in assessing the legal views of various philosophers; neglect the principles of objectivity and integrity in reconstructing the intellectual heritage; tendentiously articulate the accents of artistic, rather than documentary reconstruction of legal and political representations.

DOI: 10.7256/2454-0706.2021.9.36577

Abstract: This article analyzes the Federal Law of July 31, 2020 “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation” enacted in 2021 and aimed at the creation of “regulatory sandboxes “ in the Russian Federation – special regimes that allow the organizations to test the effectiveness of innovative technologies in implementation of their products and services without the risk of breaching the legislation. Leaning on such theoretical categories as “legal regime” and “legal experiment”, the author explores the elements of the new legal institution introduced into the Russian legal system. Description is given to the scope of applicability of the experimental legal regimes in Russia – the digital innovations. The article reviews the principles, objects, actors, conditions, restrictions, types, and stages of the experimental legal regime; as well as distinguishes the bodies that monitor and assess the legal experiments, including the authorized body for the experimental legal regimes, the organization that represents business community in the experimental legal regimes, regulatory body, coordinating body, the Central Bank of the Russian Federation. The grounds for termination of implementation of the experimental legal regimes are reviewed. Taking into account the foreign experience, the author predicts positive effect from the implementation of legislative novelty, which is able to ensure operational audit of fintech solutions and offset the potential risks of its implementation

DOI: 10.7256/2454-0706.2021.9.36376

Abstract: This article is dedicated to the problem of overcoming imbalance between dynamism and stability of the current criminal legislation. Analysis is conducted on the gradation of amendments to criminal legislation for the period from 1997 to the first half of 2021; this includes the changes in criminal law based on objective reasons, as well as unsubstantiated criminal law novelties. There author determines three scenarios of further development of the national criminal legislation: accelerated (uneven), intensive, and transformational. It is stated that the most optimal choice is the intensive scenario. However, regardless of which scenario would be chosen, the starting point towards the stability of criminal law consists in creation of the adequate conceptual-categorical apparatus of criminal law, namely, the legislative definition of certain evaluative concepts. Based on the examples of case law, the author justifies the expediency of legislative consolidation of the definitions of certain evaluative concepts. The following conclusions were made: 1. Legislative clarification of the scope and content of evaluative concepts requires using the most abstract method for formulation of regulatory directions instead of casuistic method. 2. In the event of practical implementation of the intensive scenario for the development of criminal law, the criminal law norm that contains definitive apparatus should be placed in the new Chapter 13 of the Criminal Code of the Russian Federation, and specifically outside the Special Part of the Criminal Code of the Russian Federation. This requires the introduction of the new “Conclusive Part”. 3. In the event of practical implementation of the accelerated (uneven) scenario or transformational scenario of the development of criminal law, most optimal is to place the criminal law norm containing the conceptual apparatus solely in the General Part of the Criminal Code.

DOI: 10.7256/2454-0706.2021.9.36332

Abstract: The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

DOI: 10.7256/2454-0706.2021.9.36442

Abstract: The subject of this research is the online and offline mechanisms of sociopolitical mobilization of youth, namely digital grouping and formation of digital communities, as well as the opposition-mobilization model of information distribution developed by E. V. Brodovskaya and A. Y. Dombrovskaya. This model was tested on the open statistical databases provided by “Telegram Analytics” and “Google Trends”, which revealed the key patterns and differences in the protest events that unfolded in Moscow (July 14 – September 29, 2019), Minsk (August 9 – November 19, 2020), and Hong Kong (June 12, 2019 – July 1, 2020). The novelty of this research lies in the following: 1) application of the model of information distribution developed by E. V. Brodovskaya and A. Y. Dombrovskaya to the data array obtained by the author from the statistical database of “Telegram Analytics” and “Google Trends” regarding the protest events in Moscow, Minsk, and Hong Kong; compilation of weekly charts of the activity of protest Telegram channels and building histograms based on them, with visualization of their peak mentioning in other Telegram channels during the indicated periods. The author formulates recommendations on how to avoid the escalation of conflict during protest actions, taking into account mobilization mechanisms on the basis of Telegram channels.

DOI: 10.7256/2454-0706.2021.9.36580

Abstract: The subject of this research is examination of the causes for the emergence of the contractual structure for the supply of goods, as well as the evolution of the development of legal regulation mechanism of the supply agreements in the Russian Empire, Soviet Union, and modern Russia. The study of the supply agreement is conducted in its relation to the purchase and sale agreement. The relevance of this research is substantiated by the importance of knowing the peculiarities of regulation of civil law framework of the supply agreement and the need for systematization of views upon the development of legal regulation mechanism of the supply agreement in different periods and political systems in Russia, thereby dividing all periods of legal regulation of the supply agreement into several stages. The author underlines the importance of comparative analysis of the purchase and sale agreement with the supply agreement throughout the entire time of their coexistence. The author systematizes the information on the development of legal regulation mechanism of the supply agreement; offers the original classification of its evolution consisting of several stages: prerevolutionary, Soviet, and modern; substantiates the formulated conclusions; analyzes the interrelation between the purchase and sale agreement and the supply agreement, as well as their role during each of the highlighted stated of evolution of the legal regulation mechanism of the supply agreement. The article also analyzes the peculiarities of the purchase and sale agreements within the framework of each period under review; determines the status of the purchase and sale agreement, and the degree of its autonomy.