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MAIN PAGE > Journal "Legal Studies" > Contents of Issue є 08/2022
Contents of Issue є 08/2022
Questions of current interest
Ryzhkova E.A., Ryzhkova E.K. - Artificial Intelligence as an Element of a Digital Relationship pp. 1-11

DOI:
10.25136/2409-7136.2022.8.38546

EDN: EDPPGZ

Abstract: Today, the essence of digital law is reduced to the regulation of a new digital form of old relations. In these conditions, the artificial intelligence should be considered innovative, the regulation of which is only at the initial stage. Due to the fact that the process of learning artificial intelligence has already moved to the level of self-learning, the classical approach to determining the subject of digital relations seems debatable. Thus, the issue of endowing artificial intelligence with legal personality will become one of the key issues in the next decade. The rapid development and application of new technologies requires its thorough regulation, and first of all, in matters of responsibility. The analysis of the development of information technologies in the field of artificial intelligence presented in this paper allows us to conclude that a clear legal regulation is a prerequisite for the development of relations using artificial intelligence. The evolution of digital technologies, their specificity and wide application in all spheres of society requires innovations in law. It seems necessary to develop the theoretical and legal foundations of this technical concept, to shift digital algorithms into legal norms in order to protect the rights and freedoms of human and citizen, public and private interests, society and the state.
History of state and law
Shishulina T.P. - The influence of state policy on the formation of the personnel of the regional militia in the 1930s. (on the example of the police of Mordovia). pp. 12-26

DOI:
10.25136/2409-7136.2022.8.38256

EDN: VHTTTW

Abstract: The subject of the study is various aspects of the formation of the personnel of the police of Mordovia, determined by the regulatory framework at all levels. The object of the study includes factors determining the nature of the formation and functioning of the militia, considered taking into account regional peculiarities. The work is aimed at highlighting the political situation, historical moments that influenced the organizational and legal foundations of the militia, as well as at outlining the essence of the processes that had a direct impact on the training of law enforcement officers and the reorganization of the workers' and peasants' militia in the 1930s. It is possible to distinguish all-Russian, local conditions, national features of historical development. Conclusions:1. In the 1930s, the militia of Mordovia continued to be formed as an integral part of the unified state mechanism, in accordance with the tasks, functions and operational situation of that time. 2. An important role was assigned to the development and adoption of regulatory legal acts and job descriptions, on the basis of which significant changes were made to the procedure for recruitment, training and service by the police personnel of the region. 3. These processes were carried out in the conditions of the folding of the command and administrative system, the class approach used in the selection of employees, placement and training of personnel, as well as the strengthening of totalitarianism. 4. The reorganization of the police of Mordovia and the training of personnel were influenced by abrupt changes in the socio-economic and political course of the country, as well as the peculiarities of their development in Mordovia. 5. Endless innovations and measures to reorganize the police apparatus in connection with the "second birth" of the Mordovian militia also did not contribute to improving the efficiency of its activities. 6. The development of the regional militia was influenced by the situation prevailing in the country as a whole. That is, the development of the organizational and legal foundations of the activities of the Mordovian militia has features that were characteristic of the police apparatus of the country as a whole.
Human and state
Sekretaryov R.V. - Actual Problems of Russian Legislation on Freedom of Conscience in the First Quarter of the XXI Century. pp. 27-40

DOI:
10.25136/2409-7136.2022.8.38465

EDN: UAEZPS

Abstract: The object of this scientific research is state-confessional relations at the federal and regional levels, as well as the relationship between local governments and religious organizations and law enforcement practice. Sects and cults can be studied from the point of view of sociology, history, religious studies, psychology. But if such a phenomenon as sects and cults is present in public life, it must also be properly regulated by legal norms. The subject of the study is regulatory legal acts of the Russian Federation and the subjects of the Russian Federation, as well as municipal legal acts regulating various aspects of the activities of religious organizations. Since 1997, the Federal Law "On Freedom of Conscience and on Religious Associations" (hereinafter Ц Federal Law No. 125-FZ) has been in force in Russia. If we analyze the legislation that regulates public relations in the sphere of the realization of the right to freedom of conscience and freedom of religion, as well as the legal status of religious organizations, then, in our opinion, one of the problems that, despite its undoubted relevance, has not received due attention from the domestic legislator to date, is the problem of the use of terms "(totalitarian) sect", "(destructive) cult". Along with the formal legal method, such methods of scientific cognition as induction, deduction, hypothesis, analogy were used in the preparation of the study. In addition, typology, classification and systematization were used as auxiliary methods.The scientific novelty of the research is a comprehensive analysis of the legal regulation of the activities of "new religious organizations", synonymous with the concepts of "(totalitarian) sect", "(destructive) cult" in everyday life, and sometimes in normative legal acts. As the main result of the research undertaken, the author suggests specific measures for both point-by-point changes in the current legislation and complex changes in the model of state-confessional relations as a whole.
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 Experience of Canada, Chile and Albania pp. 41-57

DOI:
10.25136/2409-7136.2022.8.38600

EDN: WLXSNW

Abstract: The subject of the study is the legislative and law enforcement experience of countries such as Canada, Chile and Albania in the use of different forms of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the civil service. The relevance of this study is confirmed by the fact that, on an equal footing with the United States, these states are among the few using this tool, as is the Russian Federation. However, the domestic legal regulation of this institution is still not perfect enough, therefore, it is important to study the experience of those states where there is such a practice. The scientific novelty of the research is determined by the fact that at present there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusion was made: What is common to the legislation of all the countries considered is that each of these states strives, by virtue of its capabilities, to free the actions of the trustee as much as possible from the influence of the founder of the trust management on him, that is, to ensure the independence of the former from the latter on the management of the entrusted property. However, as the researchers note, even in the most advanced and strict variants, it is hardly possible to avoid the interaction of stakeholders completely. Nevertheless, at least formally, all regulations concerning this issue establish a rule according to which the trustee should not be affiliated with the principal through any channels. This can be applied quite easily in Russian legislation.
JUDICIAL POWER
Baskova A.V. - Application of Article 415 of the Civil Procedure Code of the Russian Federation in Russian Courts when Recognizing Foreign Courts Decisions that do not Require further Proceedings. pp. 58-68

DOI:
10.25136/2409-7136.2022.8.38669

EDN: XKNHSY

Abstract: The article is devoted to the analysis of judicial practice in the field of recognition of decisions of foreign courts that do not require further proceedings. This article regulates the recognition of foreign judicial decisions, which, due to their special content, do not require further proceedings. The author examines in detail the court decisions in which there is a reference to Article 415 of the Civil Procedure Code of the Russian Federation. Particular attention is paid to the subject of the dispute, the type of foreign judgment, the procedure for recognizing a foreign judgment, the relationship of Articles 413 and 415 of the Civil Procedure Code of the Russian Federation. The author pays special attention to the correlation of terms: decisions of foreign courts that do not require further production, and decisions of foreign courts that do not require enforcement. As a result, the following features of the practical application of Article 415 of the Civil Procedure Code of the Russian Federation were highlighted. As decisions that do not require further proceedings, judges recognize the decisions of foreign courts on the recognition of the parents as dependents of the plaintiff, on the recognition of periods of work in a specific place at a specific time, decisions on the dissolution of marriage. A dispute on the recognition of a foreign court decision that does not require further proceedings is usually considered within the framework of another dispute in which the said foreign decision is evidence in the case. Some judges admit the possibility of objections from interested parties to decisions of foreign courts that do not require further proceedings, according to the rules of Article 413 of the Civil Procedure Code of the Russian Federation, others insist on the independent meaning of Article 415 of the Civil Procedure Code of the Russian Federation and, accordingly, the inadmissibility of objections and any other formal procedures to give legal force to such decisions in the Russian Federation.
Law and order
’уан ё. - Territorial Application of China's Criminal Law pp. 69-74

DOI:
10.25136/2409-7136.2022.8.38507

EDN: VRWTEU

Abstract: The article is devoted to the problems of territorial operation of the criminal law in China. The factors that actualize interest in the issues highlighted in the article are disclosed. The presented paper gives a general description of the principle of "the territorial operation of criminal law", and also examines its individual provisions on the example of China. The principle of "the operation of criminal law in space" exists in Chinese and Russian criminal legislation. We are talking about its application in a certain territory and in relation to persons who have committed a crime. When countries were sufficiently isolated from the other world, the criminal law mainly regulated the solution of criminal problems of citizens within the clear boundaries of the territory within the country.† However, with the opening of borders and the increase in international exchanges, which are becoming closer and closer, citizens of both countries sometimes commit crimes, and more and more conflicts arise Ц according to the law of which state they should be prosecuted. Consequently, there is a need to consider the problems of determining which criminal law was in effect in relation to a foreign citizen or a stateless person who committed a crime related to the movement in space (people, goods) from one country to another. Consideration of these issues seems relevant in a changing world. In conclusion, it is noted that the operation of the criminal law in space, taking the territory as a criterion, applies to all crimes committed on the territory of the country.
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