Legal Studies
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Council of editors > Redaction > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Journal "Legal Studies" > Contents of Issue 11/2023
Contents of Issue 11/2023
Human and state
Shmidt T. - Features of legal regulation in the context of a pandemic. pp. 1-13

DOI:
10.25136/2409-7136.2023.11.44075

EDN: DBRIKQ

Abstract: This article analyzes the key vectors of the impact of extraordinary circumstances on the legal regulation. Particular attention is paid to the influence of the COVID-19 pandemic as a sample of natural unforeseen conditions that greatly affected the legal framework. The impact of the exceptional circumstances on the legal regulation determines the trends in the development of domestic legislation in this area. The author studied the set of legislative acts adopted during the coronavirus pandemic. Within the framework of the research methodology, general scientific methods (synthesis, induction-deduction approaches, generalization, etc.) and specialized methods (formal legal, comparative legal, etc.) were used. The study identified key areas of the impact of emergency circumstances on the legal framework during the coronavirus pandemic, the analysis of the impact of which serves as a basis for the subsequent development of legal regulation in such situations. The impact of the coronavirus pandemic, as a sample of natural exceptional conditions, acts in increasing the scope of legal regulation, which causes the expansion of the regulatory framework; the development of legal regulation outside the specified area; increased activity in the use of quasi-legal mechanisms; modification of the boundaries between mandatory and optional legal regulation; blurring the boundaries between individual legal areas through formation of new "cyclical legal segments"; modification of the legal framework as a whole.
Practical law manual
Vronskaya M.V., Ekhlakova Y.V. - Problematic aspects of the practice of reducing penalties in Russian civil law pp. 14-25

DOI:
10.25136/2409-7136.2023.11.68914

EDN: DPTTRQ

Abstract: The established practice of applying Articles 330-333 of the Civil Code of the Russian Federation does not always contribute to the effective use of penalties to ensure the fulfillment of obligations. This may be due to the lack of a legal definition of "lost profit" in the law, clear criteria for the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation, with the presence in Article 330 of the Civil Code of the Russian Federation of the evaluation category "apparent disproportionality", which the courts interpret differently, and sometimes bypassing explanations on this score of higher judicial instances. Legal uncertainty is created by the norms of Parts 1 and 2 of Article 333 of the Civil Code of the Russian Federation, which do not allow making an unambiguous conclusion about the legality of applying their provisions to reduce the legal penalty to persons engaged in entrepreneurial activity. The subject of scientific research is to identify problematic issues of law enforcement practice to reduce the penalty in accordance with Article 333 of the Civil Code of the Russian Federation. The paper uses formal legal and comparative legal analysis of judicial practice in order to formulate the author's conclusions regarding the subject of the study.Through the application of this methodology, it was established that the courts are based on the norms of Articles 330-333, 394 of the Civil Code of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation No. 7 of 03/24/2016, No. 81 of 12/22/2011, acts of the Constitutional and Supreme Arbitration Court of the Russian Federation, as well as on the provisions of federal laws and other regulatory legal acts, however, the practice of applying Part 1 of art. 333 The Civil Code of the Russian Federation in relation to persons engaged in entrepreneurial activity is dichotomous, there is no uniformity. According to the results of the study, problems were identified, solutions were proposed, expressed in the consolidation in Article 333 of the Civil Code of the Russian Federation of clear grounds (criterion) for reducing the penalty in order to avoid excessively broad judicial discretion, and in fact arbitrary judicial interpretation of the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation.
Transformation of legal systems
Bodrov N.F., Lebedeva A.K. - The concept of deepfake in Russian law, classification of deepfake and issues of their legal regulation pp. 26-41

DOI:
10.25136/2409-7136.2023.11.69014

EDN: DYIHIR

Abstract: The article deals with the issues of legal regulation of deepfake in the Russian Federation. Legal regulation of deepfake does not keep up with the pace of development of artificial intelligence technologies. The authors emphasize that there is no definition of deepfake in the current legislation, and the existing formulations in scientific works are extremely contradictory in nature. Taking into account the pace of development of artificial intelligence technologies, it is necessary to legislate the definition of deepfake. The authors note that the classification of deepfakes is fundamentally important for the legal regulation of these technologies. According to the results of the analysis of modern neural networks the species classification of deepfakes is offered. Taking into account the authors' proposed definition of the concept of "deepfake" and taking into account the lack of legal mechanisms to regulate social relations in the sphere of use and distribution of deepfake, which cause the development of digital transformation, it is important to form mechanisms to adapt the legal system to the challenges associated with the development of deepfake technologies.
Law and order
Shepeleva O.R., Preblagina K.I. - Legal and factual grounds for the formation of evidence at the pre-trial stage of criminal proceedings pp. 42-52

DOI:
10.25136/2409-7136.2023.11.68995

EDN: HUIFEF

Abstract: The subject of the study is legal relations arising in connection with the criminal law and criminological aspects of determining the subject of evidence in criminal proceedings and its establishment. The methodological basis of the study is special methods of cognition (formal legal and comparative-legal), and general, which should include methods such as abstraction, analysis and synthesis, induction and deduction, and methods of theoretical research - dialectical, ascent from the abstract to the concrete and logical. The main conclusions of the study are that currently the investigator /inquirer at the pre-trial stages of criminal proceedings carry out activities to collect, verify and evaluate evidence included in the subject of evidence in a criminal case. This activity is carried out through the implementation of investigative and other procedural actions. Having considered the individual problems of collecting evidence by the investigator/inquirer, we come to the conclusion that, for the purposes of improving pre-trial evidence, it is necessary to clearly regulate the legal status of such an action as "obtaining explanations" in the process of considering a crime report (the form of obtaining explanations; procedural rules for obtaining explanations; legal regulation of the status of those persons from whom explanations are received, etc.) Thus, based on the results of the study, it is concluded that it is necessary to improve a number of norms of the Code of Criminal Procedure of the Russian Federation and specific changes are proposed.
Sukharev M.V. - Information Technologies and the Collective Subject of Law pp. 53-65

DOI:
10.25136/2409-7136.2023.11.69006

EDN: KSURGZ

Abstract: The article deals with the problem of a collective subject in the conditions of the spread of digital communications. The classification of collective subjects is a definite problem for legal science. There are social, political, and economic collective entities. A collective entity exists under the following conditions. Firstly, there should be a possibility of constant communication between the members of the team. Secondly, the team conducts one or more types of common activities. Thirdly, the team members participate in the development of directions and ways of future activities. Fourth, they can directly or indirectly influence decisions on the choice of one of the proposed options for future activities. The spread of digital communications significantly increases the connectivity of large teams. There is a possibility of existence of geographically distributed collective entities, whose members are located in different countries. The research method is based on the analysis of changes in the ways of communication between individuals who make up a collective subject. Digital networks allow for discussions (including those protected by cryptography), voting, foresight, the use of digital signatures, and automatic logging of all communication. Compared to telephone communication, digital communications allow the simultaneous participation of hundreds of people (collective chat). The speed of e-mail transmission is thousands of times higher than the speed of written messages. The new tools allow for video conferences with demonstrations of graphic and tabular materials. Voting using secure protocols and digital signatures is possible. There are decision support systems, computer models (digital doubles) of objects that need to be managed to make decisions. All this leads to a significant change in the quality and effectiveness of collective subjects. New types of collective actors (virtual communities) are emerging, which ultimately influence events in the real world. Legal science needs to start studying the processes of digitalization and comprehend their theoretical significance for jurisprudence.
Practical law manual
Sotnikov K.I. - On the possibilities of introducing transcription into the practice of interrogation at the stage of preliminary investigation of crimes pp. 66-75

DOI:
10.25136/2409-7136.2023.11.68738

EDN: QZFFFQ

Abstract: The subject of the study is the modern forensic investigative practice of recording the testimony of interrogated persons at the preliminary investigation, which indicates a tendency to increase the volume of interrogation protocols being compiled. The object of the study is the regularities of the procedure for recording the testimony of the interrogated persons. It is noted that the preparation of the interrogation protocol is the most time-consuming final stage of this investigative action. Analysis of scientific publications in recent years shows that forensic scientists focus on the tactics and psychology of interrogation. As part of the forensic tactics of interrogation, the issues of the specifics of the use of additional means of fixation in the form of audio-video recordings and requirements for the content of the interrogation protocol are also considered. The existing procedure for recording the testimony of interrogated persons in the typewriter mode remains acute. The novelty of the research lies in the author's proposal to introduce modern computer technologies and artificial intelligence into the practice of drawing up interrogation protocols that allow converting oral speech into text. We are talking about automatic speech recognition and the conversion of a speech signal into digital information in the form of text (transcription of oral speech). Currently, transcription is widely used in various spheres of human activity. It is noted that it is permissible to use transcription technology from the standpoint of criminal procedural regulation of interrogation and confrontation.The use of transcription means will allow the investigator to focus on communicating with the interrogated person, achieve psychological contact, track testimony, use tactical techniques, etc. Modern software allows the introduction of the specified technology of recording the testimony of interrogated persons into the practice of interrogation.
Theory
Chornovol E.P. - Legal institute of preferences: concept, composition and system pp. 76-97

DOI:
10.25136/2409-7136.2023.11.69056

EDN: QNDBVL

Abstract: The author formulates the concept, constitutional and legal basis, composition and system of the legal institution of preferences of the Russian competition law. The relevance of the study is determined by the fact that by now this legal education has not only not been studied in domestic jurisprudence, but is not positioned at all in the doctrine of competition law. Moreover, some legal scholars consider it alien to competition law. The purpose of the study is to substantiate the functioning of a separate legal institution of preferences in the system of competition law, the political and legal basis of which is the constitutional and legal provisions defining the beginnings of the country's market economy and the solution of socially significant tasks of Russian society through the use of the preferential mechanism, which includes two levels of legal forms at the sectoral level norms of international acts and treaties of Russia, regulatory legal acts of the Federation, subjects of the Russian Federation and municipalities of procedural and material order, differentiating into general and special prescriptions, forming its general and special parts.In the process of studying the legal phenomenon of preferences, a dialectical method of cognition was used within the framework of a materialistic approach in combination with private scientific methods of cognition of social and legal phenomena: analysis and synthesis, observations and comparisons, system and framework method, forecasting, planning and modeling. As a result of the conducted research, the fundamentals of the theory of the competitive legal institute of preferences are presented, as well as the positions of denial of the connection of preferences with the regulation and protection of competition among legal scholars and interpretation of the relevant provisions exclusively from the perspective of anticonrurent regulation of the activities of public legal entities are refuted. The provisions and conclusions of the study can be used in the law-making and law enforcement practice of the relevant legal provisions, as well as in the educational process of training lawyers. The novelty lies in the substantive analysis of the regulatory framework for the selective provision by the authorities of public legal entities with the prior consent of the antimonopoly authority of the country to economic entities of preferences as a separate institution of a special part of competition law.The functioning of the competitive legal institute of preferences is based on legal principles that determine its method, tasks and functions.
Maslova S.V. - Taxonomies of "sustainable development" and "green" projects as legal instruments for achieving sustainable development goals and "green legislation" pp. 98-107

DOI:
10.25136/2409-7136.2023.11.69104

EDN: QHVZMI

Abstract: The article is devoted to a new tool of Russian legislation and law enforcement practice the taxonomy of "sustainable development" and "green" projects. The subject of the study is the understanding of the prerequisites for the adoption and regulatory content of the taxonomy, determining its significance for the development of legal regulation in the light of the concept of sustainable development, as well as its practical value for increasing investments in "green" and "sustainable" infrastructure, improving social and environmental indicators of the population. The relevance of the study is related to the lack of precisely the normative tools for the qualification of "sustainable development" projects, "green" and "climate" projects has long been considered one of the main barriers hindering the development of the Russian market of "sustainable" and "green" financing, as well as increasing demands for streamlining approaches to such projects. The main research methods were general scientific methods - formal-logical, systemic and functional.Special attention is paid to the comparative legal analysis of the taxonomies of Russia, Kazakhstan and China. The Russian taxonomy has laid the regulatory foundation for the market of sustainable, including green financing in the Russian Federation, and has the potential to contribute to the expansion of its scale. And although through its adoption, the fundamental problem of ensuring sustainable development has not been solved in the legal field. Nevertheless, it introduced terminological (conceptual) certainty, reduced the asymmetry of the goals and objectives of legal regulation of investment and environmental relations, which is also an extremely important task of legal regulation. In the absence of clear goal-setting and normative definitions, new legal and economic categories are given different meanings, which negatively affects the emerging regulation of this sphere of relations. Future tasks related to the development of optimal legal structures for regulating relations arising from the preparation and implementation of projects of "sustainable" development and "green" projects will be solved more effectively, largely due to the foundations laid by the Russian taxonomy.
Petrovskaya M.I. - Temporary Asylum: Problems of Public Administration, Statistics and Administrative Legal Regulation pp. 108-119

DOI:
10.25136/2409-7136.2023.11.68892

EDN: NOXKAU

Abstract: The author examines the current issues of the institution of temporary asylum in the context of the current administrative and legal regulation and public administration practice. The article pays attention to the problems of implementing the institution of temporary asylum known in the literature, associated with the complex administrative procedure for granting temporary asylum status and the long period of consideration of an application for status, as well as the falling demand for refugee and temporary asylum institutions, reflected in statistical data. The object of the study is the public relations arising in the field of forced migration. The subject of the study is the public relations that arise regarding the implementation of public administration in the process of granting temporary asylum status. The purpose of this article is to develop proposals for reforming the administrative and legal regulation of the institution of temporary asylum in the Russian Federation in the system of public management of forced migration in Russia. The scientific novelty of this article consists in conducting a qualitative analysis of the provision of refugee status and temporary asylum based on statistical data from government agencies and other sources in the field of forced migration in Russia. Particular attention is paid to forced migrants from Ukraine in the context of existing problems. A systemic problem of inconsistency between statistical data on the granting of refugee status, temporary asylum and citizenship of the Russian Federation and the actual socio-political situation has been identified. In conclusion, proposals for modernizing the current legislation in the field of forced migration are formulated, including the vesting of statistical powers in the field of forced migration of the Russian Ministry of Internal Affairs, as well as the introduction into administrative and legal practice of a new legal status - temporary protection
Law and order
Polstovalov O.V., Galiautdinov R.R. - Organized forms of online fraud: types of fraud in the field of computer information and the use of high technologies pp. 120-127

DOI:
10.25136/2409-7136.2023.11.44223

EDN: MXFWZI

Abstract: Law enforcement and judicial practice in Russia has faced a mass of previously non-existent types of fraud. New types of fraud appeared in the field of computer technology and the use of high technologies. Along with this, the development of economic sectors, the credit and financial system, commercial banks, the emergence of new information, banking technologies, technical means of communication have generated organized forms of online fraud. Primitive forms of fraud are being replaced by more sophisticated ones, new technologies are penetrating into our lives, so forms of fraud using chat gpt, that is, neural networks, have appeared. The above circumstances justify the relevance of the research topic. The subject of the study is various types of fraud in the field of computer information and the use of high technologies and the specifics of their commission. The novelty of the topic of the publication is due to the need for a thorough study of new organized forms of online fraud to prevent the commission of such crimes. For the first time, "modification" as a method of computer fraud, a neural network, as a way of committing fraud, was investigated. An attempt has been made to characterize an organized criminal group committing online fraud. Digital traces of organized forms of online fraud have been investigated. The purpose of this publication is to highlight the features of the commission of organized forms of online fraud. Their allocation will help to effectively solve such crimes. The article uses various methods: general dialectical, logical, analysis of regulatory regulation, formal legal, comparative legal. Conclusions: on the basis of theory and law enforcement practice, the key elements of organized forms of online fraud are identified, the key features of organized criminal groups that commit them are characterized, the role of neural networks in the commission of the crimes under consideration is established.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.