Juridical WorldPub Date : 2024-01-11DOI: 10.18572/1811-1475-2024-1-55-59
Zarema I. Abazekhova
{"title":"Prospects of the Implementation of Foreign Experience in Combating the Illegal Organization and Holding of Gambling on the Internet","authors":"Zarema I. Abazekhova","doi":"10.18572/1811-1475-2024-1-55-59","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-55-59","url":null,"abstract":"In connection with the development of information technology and, as a result, the global remote gambling market, the problem of countering illegal organization and conduct of gambling on the Internet in the Russian Federation continues to be relevant. The article analyzes the existing approaches to the assessment by the state of the organization and conduct of online gambling activities that exist in the world, identifies the most typical ways to counteract criminal behavior in this area in the event of a state ban on gambling on the Internet. The experience of countries that have legalized online gambling as an alternative option for transforming the state approach to the legal regulation of the gambling business on the Internet is considered.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2024-01-11DOI: 10.18572/1811-1475-2024-1-23-26
Radima M. Bekova
{"title":"Constitutional and Legal Foundations and Problems of Language Policy of the Russian Federation in Relation to National Minorities","authors":"Radima M. Bekova","doi":"10.18572/1811-1475-2024-1-23-26","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-23-26","url":null,"abstract":"The article examines the problems associated with the peculiarities and problems of the language policy of the Russian Federation in relation to national minorities. Currently, Russia's language policy is acquiring particular significance in connection with the military-political situation, as well as taking into account the fact that the “language issue” is again reaching the level of political confrontation. The purpose of this article is to understand language policy as a reflection of the fundamental rights of national minorities from the point of view of interaction between the state Russian language and the national languages of the peoples of Russia.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2024-01-11DOI: 10.18572/1811-1475-2024-1-27-31
Stanislav B. Kulikov
{"title":"Jurisdiction and Cyber Space. On the Concept Interpretation within the Framework of the Law Theory","authors":"Stanislav B. Kulikov","doi":"10.18572/1811-1475-2024-1-27-31","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-27-31","url":null,"abstract":"The article presents the author's position on the problem of jurisdiction in cyberspace. The author analyzes the conceptual apparatus, in particular the term cyberspace, and presents various points of view of representatives of the scientific community on the possibility and impossibility of establishing state jurisdiction in the Russian segment of the Internet. A conclusion is made about the technical base that allows, if necessary, to localize the Internet space, closing it within the borders of the Russian Federation.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2024-01-11DOI: 10.18572/1811-1475-2024-1-50-54
G. Aglyamova
{"title":"Victimological Aspects of the Use of Artificial Intelligence in Crime Prevention","authors":"G. Aglyamova","doi":"10.18572/1811-1475-2024-1-50-54","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-50-54","url":null,"abstract":"The relevance of the use of artificial intelligence in crime prevention is shown. Victimological foundations and possibilities of using artificial intelligence are presented. The definition of the concept “victimological aspects of the use of artificial intelligence in crime prevention” is proposed. The basics of the use of computer security systems in crime prevention are revealed. Possible errors in the process of using artificial intelligence in crime prevention are considered. The importance of interdisciplinary study of the use of artificial intelligence in crime prevention is determined. The obtained research results can be taken into account and used in the introduction of new forms of artificial intelligence in crime prevention, as well as in the development and analysis of new scientific topics in criminology, criminal law and information systems.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2024-01-11DOI: 10.18572/1811-1475-2024-1-41-45
Anton A. Trofimov
{"title":"Individualization of Private Law Subjects at Performance of Legally Valid Actions in the Digital Environment","authors":"Anton A. Trofimov","doi":"10.18572/1811-1475-2024-1-41-45","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-41-45","url":null,"abstract":"Confirmation of the authenticity of legally significant actions performed in the digital environment by persons participating in private legal relations is carried out through authentication. The article formulates the concept of authentication as a way of individualizing subjects of private law in the digital environment, reveals its features, and considers the factors by which authentication is carried out. The author analyzed reliable, conditionally reliable, legal and dispositive methods of confirming the authenticity of actions of subjects of private law performed in the digital environment.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-19-23
S. Belov
{"title":"Individual Autonomy and Medical Paternalism","authors":"S. Belov","doi":"10.18572/1811-1475-2023-4-19-23","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-19-23","url":null,"abstract":"The article presents results of analysis of balancing physicians’ paternalism, traditional for the medicine in general and Russian medicine in particular, with principle of patients’ personal autonomy. The analysis bases on the data, published in the scholar literature on the surveys of doctors’ attitude to the paternalism and autonomy, as well as on the organized by the author survey of doctors of N.I.Pirogov Clinic of High Medicine Technologies of St.Petersburg State University and in analysis of judicial practice in cases on informed consent. The author concludes, that innovative medical practice in Russia rejected paternalism, while the conservative part of health care system (military medicine) as well as the courts still support this approach. The vague and uncertain legislative requirements to the content and form of informed consent partly give grounds for this, but more general problem is that the courts do not apply constitutional provisions directly and even protect personal non-material rights of patients, violated in cases when doctors act without patient’s consent.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122342758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-40-44
E. Kilinkarova
{"title":"Tax Residency of Individuals in Russia in the Conditions of High Transborder Mobility","authors":"E. Kilinkarova","doi":"10.18572/1811-1475-2023-4-40-44","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-40-44","url":null,"abstract":"The article explores rules on tax residence of individuals as set in the Russian nation legislation and double tax treaties. The author comes to the conclusion that in the context of high cross-border mobility of individuals the current Russian legal regulation of tax residence does not adequately protect the fiscal interests of the state, since it uses a criterion that allows taxpayers to choose if they want to be Russian tax residents or not in the current tax period and lose their tax resident status while maintaining real personal, social and economic ties with the state. At the same time the introduction of new criteria should not be based on blind copying of the experience of foreign countries or the provisions of double tax treaties, and the new rules should use unambiguous wording. In particular, if the terms “availability of a permanent home” or “centre of vital interests” are introduced to national legislation, their meaning should be explicitly defined.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126999028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-50-54
Aleksandr V. Torgashev
{"title":"Restitution on Reversal of Judgment When the Defendant Was Deprived of Ownership of Specific Property in the Course of Execution of a Money Collection Judgment","authors":"Aleksandr V. Torgashev","doi":"10.18572/1811-1475-2023-4-50-54","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-50-54","url":null,"abstract":"The article justifies the position that if, as a result of the execution of the court decision on the recovery of funds, the defendant was deprived of his property, and in the future this decision was canceled and the claim was refused, then the defendant can protect the violated right by filing a replevin claim against the illegal possessor. If this claim is satisfied, the former illegal possessor has the right to apply for damages to the plaintiff (eviction). The overturning the execution of judgment in this situation does not apply. The author believes that the institution of the overturning the execution of judgment in the form of compensation for the actual value of the individually defined property collected is possible only if this thing cannot be vindicated from the illegal owner. In this case, the defendant has a requirement to recover unjust enrichment against the plaintiff. If there are causes for presenting a vindication claim, the defendant shall not be entitled to declare other methods and means of protecting the violated right except for the vindication claim. The overturning the execution of judgment in the form of a recovery of an individually defined property from the plaintiff is impossible in any case — the plaintiff is not its owner, therefore the court's decision of overturning the execution of judgment will be unenforceable.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129400626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-45-49
I. A. Vasilyev
{"title":"Application of Fundamental and Criminal Law Principles in Bringing to Sports Liability: A Brief Overview","authors":"I. A. Vasilyev","doi":"10.18572/1811-1475-2023-4-45-49","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-45-49","url":null,"abstract":"Sports disputes resolution has a private legal nature and therefore per se should not be based on the principles of a branch of public law such as criminal law. At the same time sport sanctions sometimes have a negative effect comparable with administrative law and even criminal law. However, does this lead to the conclusion that it is necessary to extend to sports liability the guarantees provided by criminal law principles? The use of general principles of law in sports jurisprudence, at first view, should not cause the slightest doubt. At the same time, doubts in the said conclusion may suddenly appear by the reflection of certain principles of criminal law of fundamental values. Is this indeed the case, or does the practice of sports dispute resolution (un)intentionally maintain ambiguity and selective recognition of general principles? One can give the example of the principle nulla poena sine culpa, the desire to extend it to any sporting legal order is quite obvious. The heterogeneity of the institute of sports liability demonstrates several variants of such without taking into account the fault of the subject of sport, and raises reasonable questions about the inconsistency of this example with the piety of the general principles of law. Let us turn to the practice of the Court of Arbitration for Sport (CAS), which in this brief review will allow to reveal features of the current sports jurisprudence on a global level and offer some answers to the questions we have mentioned.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128791808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juridical WorldPub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-24-28
D. Petrov
{"title":"Stock Trading as a Factor of the Establishment of the Competitive Environment in the Commodity Market","authors":"D. Petrov","doi":"10.18572/1811-1475-2023-4-24-28","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-24-28","url":null,"abstract":"Bidding is a competitive way of choosing a counterparty and one of the factors in the formation of a competitive environment. Organized auctions presuppose the presence of a specialized intermediary, and their conduct is conditioned by a number of organizational conditions. The conditions for the admission of goods to trading and the special procedure for concluding contracts at organized auctions act as an institutional restriction of exchange trading and predetermine the fact that not every product is able to be sold on the exchange (recognized as an exchange commodity). Exchange trading pursues the goal of organizing trading activities and, as a secondary effect, forms stock prices (stock quotes, stock indices). The obligation of the seller (manufacturer) to sell part of the goods on the stock exchange (the mechanism of administrative compulsion to sell goods on the stock exchange) is aimed at forming national market price indicators for key groups of goods for regulatory purposes, and not the development of competition as such.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133977577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}