RUDN Journal of Law最新文献

{"title":"Modeling approaches to AI integration into public relations in Russia as per comparative research of foreign countries’ experience","authors":"A. Atabekov","doi":"10.22363/2313-2337-2023-27-3-686-699","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-686-699","url":null,"abstract":"Artificial intelligence (AI) technologies are one of the most significant solutions that can fundamentally change both public relations and the sphere of public legal relations. The goal of the present research is to conduct a comparative analysis of existing approaches to the AI integration into the sphere of public legal relations of foreign countries and Russia, with the subsequent determination of the most effective constructive approaches to the formation of a regulatory policy regarding AI in Russia. This goal is achieved through the study of the following issues: Strategic goal-setting in relation to AI in Russia and other countries; Tactical implementation of AI integration into public legal relations and possible solutions in order to ensure AI decision-making transparency; Model compensatory measures that ensure AI safe integration into public relations in Russia. The object of the study comprises regulatory sources, strategies, and other documents regulating the AI integration into the sphere of public legal relations in Russia and foreign countries, judicial practice examples, and academic publications on the issues under study. The research methodology incorporates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutic, comparative legal, formal legal (dogmatic), legal modeling methods, and some others. The present research lays special emphasis on the implementation of a comparative legal study of the approaches to and regulation of AI in the public sphere regarding various states experience. The general scientific dialectical method has made it possible to consider the AI position in the legal field from the point of view of the AI regulation variability and trends in the subsequent development thereof, and to substantiate the advantages and disadvantages of various approaches to solve the respective issues, as well. Additional emphasis is also laid on addressing the issues of the applied nature of the AI use in the field of public relations in Russia, taking into account the legal modeling and development of compensatory measures within the authorities’ regulatory approaches.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"241 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997055","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}

{"title":"The levels of information objectification in the context of legal protection ability","authors":"Stanislav V. Odintsov, Elizaveta A. Lazareva","doi":"10.22363/2313-2337-2023-27-3-670-685","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-670-685","url":null,"abstract":"The subject of the study is the essential content and interpretation of the essence of “information”, its symbolic metaphysics. The emphasis is on the sign-symbolic level of perception of information, as well as its meaning (significance) of the sequence in the subsequent interpretation of information. Special attention is paid to the analysis of the concept of “information”. including as a result of intellectual activity. Also discusses the legal mechanisms that are designed to regulate such a multi-border phenomenon as “information”. The conclusions are formulated that due to the original immaterial (ideal) nature of information, including for the purpose of its perception, it is inextricably linked with the corresponding material (physical) carrier, which acts as a form for its objectification, thereby the form and content of information are inextricably linked within the framework of the regulation of the information exchange process. Based on the research carried out, the authors define and substantiate the concept of systematization of legal regimes of information, which is based on the levels of its objectification.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"7 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997796","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}

{"title":"Information and digital technologies in jury trial of criminal cases in Russia","authors":"Anna A. Petrikina, Tatyana G. Borodinova, Irina V. Gubko","doi":"10.22363/2313-2337-2023-27-3-805-818","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-805-818","url":null,"abstract":"It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"1 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138998056","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}

{"title":"Costruction of the judicial defense speech: based on the material of court speeches by Y.S. Kiselev","authors":"Z. V. Baisheva","doi":"10.22363/2313-2337-2023-27-3-609-625","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-609-625","url":null,"abstract":"The construction of a public speech is one of the most important components of creating a convincing oratorical performance. Despite the constant interest of researchers in the challenges of constructing a court speech, the arrangement of structural elements, the issue remains unresolved in practical aspect: modern court speakers need recommendations that would contribute to creating effective defense statements. The purpose of this research is to analyze the composition of successful court speeches of the famous Soviet lawyer Y.S. Kiselev, aimed at identifying the features of arrangement of the material, factors that condition this or that disposition, and on this basis to identify various options for the arrangement of content elements contributing to the creation of a convincing speech. Using the method of compositional analysis, as well as rhetorical analysis, descriptive and structural methods, we investigate thirteen effective judicial defense speeches by Y.S. Kiselev. Having analyzed the types of introductions used by him, we have established a high degree of viability of using hyped up or unexpected beginning, as well as conditionality of the choice of the type of introduction by the prosecutor, readiness of the audience to perceive the defense speech, and attitude of the audience to the circumstances of the case. The analysis of the main part of Kiselev’s speeches allows to identify the micro themes presented in all his defense statements, as well as conditionality of a number of micro themes by the circumstances of the case, the arguments of the prosecution, and the chosen line of defense. The conclusion reveals structural elements in all the speeches of the well-known lawyer under study: a clearly expressed position of the defense in the case, a pathetic and educational moment, and an appeal to the court for leniency or acquittal of the defendant. In general, the construction of the defense speech is conditioned by the circumstances of the case, the position of the prosecution, the chosen line of defense, the specifics of the audience, as well as the moral qualities, erudition and communicative skills of the speaker.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"24 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000779","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}

{"title":"The tenth All-Russian Meeting of legal theorists and presentation of a special issue of the RUDN Journal of Law - Monuments of Soviet Law","authors":"Polina N. Andreeva","doi":"10.22363/2313-2337-2023-27-3-819-822","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-819-822","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"227 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997222","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}

{"title":"The control over compliance with contractual preemptive rights","authors":"Aleksej V. Ulyanov","doi":"10.22363/2313-2337-2023-27-3-748-764","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-748-764","url":null,"abstract":"The article focuses on the conditions and grounds for conducting the formal preliminary legal due diligence of a contract as to respect of the preemptive right, which had been granted by one of the parties to a stranger under an agreement. This legal due diligence may be hypothetically examined during state registration of rights or notarization of transactions. According to theory of law, reasons to do thus are scientific concepts of the general duty not to interfere with others' plans. Such plans may include an agreement under the terms of which one of the parties gets a preemptive right in relation to certain property. This contractual right ensures the entitled party that he/she may preclude the legal implications of agreements between the other party and the strangers (interveners). If these persons knew or should have known of the preemptive right and entered into an agreement, which is inconsistent with that right, such agreement shall be considered as invalid and therefore cannot be notarized and cannot be subject to state registration","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"12 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997746","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}

{"title":"Review of the 11th International scientific and practical conference. World-Class Scientific Publication - 2023: achievements, realities, prospects","authors":"Irina A. Gronic","doi":"10.22363/2313-2337-2023-27-3-823-827","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-823-827","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"225 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997283","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}

{"title":"Impact of the state tax and legal policy on the development of the institution of tax liability in the conditions of digitalization","authors":"O. Lyutova","doi":"10.22363/2313-2337-2023-27-3-700-714","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-700-714","url":null,"abstract":"The study examines the development of the content of the institution of tax liability in the economy digitalization context as a result of implementation of relevant measures of state tax policy. The purpose of the study is to analyze the totality of program documents, as well as regulatory legal acts of the Russian Federation focused on those areas of tax policy that are related to tax liability as a backbone institution of tax law, studied in the context of its digital transformation. Such study is valuable in terms of identifying the main directions (trends) of tax and legal policy as fundamental principles of tax liability institution in the context of introduction and use of digital technologies. This naturally updates the discussion on the issue of defining the concept and establishing the content of the category tax policy, including from the point of view of classifying a wide range of tax policy sources. At present, the main goal of implementing tax policy is to provide tax preferences to businesses, including through the abolition of certain tax obligations or simplification of the procedure for their implementation. Further measures of tax policy in relation to the tax liability institution may be formulated as follows: transferring the tax burden from taxpaying organizations to individuals and increasing the number of tax benefits whose implementation becomes possible with the use of digital technologies.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"5 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000968","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}

{"title":"Methodological directions of Latin American legal science","authors":"Elena E. Rafalyuk","doi":"10.22363/2313-2337-2023-27-3-583-594","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-583-594","url":null,"abstract":"The methodology of legal science in Latin America has common features with the global trends in the development of the methodology of legal research; at the same time, there are features of the development of legal thought and legal understanding that have a cultural and historical nature. The purpose of the study is to consider certain areas of the methodology of Latin American legal science. Philosophical and legal thought in Latin America develops within the framework of jusnaturalism and positivism and various variants of these theories. Latin American legal science is characterized by an appeal to customary Indian law, and its elements are included in the current legal systems of Latin American countries (legal pluralism). In the focus of the Latin American legal doctrine, law appears as a social phenomenon, a cultural phenomenon and part of social philosophy. The development of information technologies, their introduction into lawmaking and legal proceedings, the creation of machine-readable law raises the question of further ways of developing law and legal thought in two areas - technical improvement and traditional reflection on social processes in the humanitarian science.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"123 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138999623","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}

{"title":"Electronic Voting Technologies in Elections: Russian and Foreign Experience","authors":"A. O. Gadzhieva","doi":"10.22363/2313-2337-2023-27-3-649-669","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-649-669","url":null,"abstract":"The study explores the Russian and international experience of using such forms of electronic voting in elections as with the help of a special device (complex) for electronic voting at a polling station (in a voting room, or another specially defined place), and remote electronic voting through a personal computer or a mobile device. The article analyzes the circumstances and conditions that contribute to the development and consolidation of electronic voting in the country's legislation, or, conversely, the conditions that lead to suspension or even rejecting electronic technologies from the electoral process at the state level. Up-to-date information on the use of electronic technologies in the elections has been examined. The stages, problems, and difficulties of introducing electronic voting technologies in elections, as well as directions for further improvement of electronic voting in countries that have chosen the path of long-term development of digitalization of the electoral process are highlighted. In the early 2000s, many countries of the world gained experience in the practical use of electronic technologies in elections. However, the scientific and technological achievements so far did not provide the necessary degree of voters' confidence in the security of the electronic voting system or any reliable result. The prejudice towards electronic voting technologies, as well as high-cost modern electronic systems for implementation, persist in many countries to this day. This is an objective obstacle to the widespread use of electronic technologies in the electoral process. At the same time, the experience of remote electronic voting in Russia and Estonia, the fragmentary inclusion of electronic voting in electoral procedures in a number of other countries, and the widespread use of electronic voting complexes show that electronic technologies in elections are already a reality.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"52 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138996375","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}