Aktualʹnye problemy rossijskogo prava最新文献_第4页

The Problem of Periodization of International Legal Regulation of Food Security 粮食安全国际法律规制的分期问题

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-06-23 DOI: 10.17803/1994-1471.2023.154.9.157-165

D. S. Vechernin

引用次数: 0

Consequences of Submitting False Reports by Military Leaders and the Legal Qualification of such Acts 军事领导人提交虚假报告的后果和这种行为的法律资格

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-06-19 DOI: 10.17803/1994-1471.2023.154.9.059-068

E. A. Glukhov

引用次数: 0

Areas for Public Functions Implementation by Artificial Intelligence in Russia and the World 人工智能在俄罗斯和世界实现公共职能的领域

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-05-02 DOI: 10.17803/1994-1471.2023.150.5.181-185

A. R. Atabekov

{"title":"Areas for Public Functions Implementation by Artificial Intelligence in Russia and the World","authors":"A. R. Atabekov","doi":"10.17803/1994-1471.2023.150.5.181-185","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.181-185","url":null,"abstract":"The paper examines the phenomenon of the use of artificial intelligence (AI) technologies in the field of public relations in foreign countries. It also touches upon the main problems in the legal field in terms of deploying the system, concerning both ensuring the transparency of decision-making and the non-discriminatory nature of the ongoing algorithmic data processing, and its use in in relation to the supervised segment based on the principles of predictive prosecution and the provision of a proactive set of public services to citizens. The effectiveness of technology integration into the sphere of public legal relations and the accuracy of the proposed solutions in a selection of various application segments in the context of sub-branches of administrative law are considered. According to the author, in order to implement the constructions of AI integration into the public sphere proposed in the paper, it is already necessary to determine the main levels of AI access to information in the framework of control and supervisory activities. These include finding identifying features for AI developers for the purposes of authorities with the provision of extended preferences and sanctions, taking into account scale effect of legal relations, determination of experimental regimes for a number of legal relations in order to test AI in the context of granting rights and implementing a system of administrative oversight and prosecution.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"212 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135270552","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}

引用次数: 0

Remote Participation of the Victim in the Proceedings at the Stage of Preliminary Investigation 初步侦查阶段被害人远程参与诉讼

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.132-141

P. A. Samsonov

{"title":"Remote Participation of the Victim in the Proceedings at the Stage of Preliminary Investigation","authors":"P. A. Samsonov","doi":"10.17803/1994-1471.2023.150.5.132-141","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.132-141","url":null,"abstract":"The paper deals with the problem of the incompleteness of the legal regulation of remote participation of the victim in pre-trial proceedings, which entails an unreasonable restriction of his rights and legitimate interests. Addition in 2022 to Article 189.1 of the Criminal Procedure Code determined the possibility of interrogation, confrontation and identification through videoconferencing systems. However, to ensure the remote participation of the victim, this seems to be insufficient due to the peculiarities of this procedural status, which consists in the need to comply with the formal grounds for recognizing a person as a victim, which requires the issuance of an appropriate decision and the production of familiarization with it. Accordingly, in order to fully legally ensure the remote participation of the victim, legal regulation of the remote production of the said procedural action is also necessary. It is noted that legal regulation lacks a requirement to establish the possibility for an elderly victim, as well as a victim with physical disabilities to perceive sound and video image electronically transmitted through video conferencing systems, which prevents the exercise of his rights and legitimate interests. This duty of providing such an opportunity should be assigned to the investigator responsible for the criminal. Taking into account the experience of foreign regulation on remote participation, the author substantiates the need to fix in the Criminal Procedure Code of the Russian Federation the basis for a remote regime for conducting investigative actions with the participation of minor victims, aimed at increasing the guarantees of their psychological protection.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243250","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}

引用次数: 0

The Legal Nature of Data and Information in the Context of the Concept of «Independent Materials» 数据和信息在“独立材料”概念背景下的法律性质

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.056-063

A. A. Bazarov

{"title":"The Legal Nature of Data and Information in the Context of the Concept of «Independent Materials»","authors":"A. A. Bazarov","doi":"10.17803/1994-1471.2023.150.5.056-063","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.056-063","url":null,"abstract":"The paper is devoted to the study of civil law norms and judicial practice in relation to the regulation of the content of data arrays as one of the significant information assets in the context of the development of the digital economy. The paper reveals the legal nature of data and information, as well as the possibility of their qualification as independent materials. The conclusion is made about insufficient effectiveness of the mechanisms of legal regulation arising in connection with the circulation and protection of databases of civil legal relations due to definitive problems, namely the lack of definition of the concept of «independent materials,» as well as due to the lack of legal differentiation between data and information. In the process of a comprehensive study of the technical features of the concepts of «data» and «information» that form the basis for the formation of their legal nature, a reasonable conclusion is made about the need for a connection between the concept of «independent data» and information. The authors propose the criteria and mechanisms for distinguishing data and information.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243255","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}

引用次数: 0

Legal Regulation of Technological Connection of Microgeneration Facilities to Electric Networks: Legislative Adjustment and Process Optimization 微型发电设备技术接入电网的法律规制:立法调整与流程优化

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.151-162

D. Yu. Skrypnik

引用次数: 0

Countering Corruption in Organizations: Uncertainty of the Law on Necessary and Sufficient Preventive Measures and the Best Anti-Corruption Practices in Russian Companies 打击组织腐败:关于必要和充分预防措施的法律的不确定性以及俄罗斯公司的最佳反腐败实践

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.045-055

T. A. Tukhvatullin, A. E. Rusetskiy

{"title":"Countering Corruption in Organizations: Uncertainty of the Law on Necessary and Sufficient Preventive Measures and the Best Anti-Corruption Practices in Russian Companies","authors":"T. A. Tukhvatullin, A. E. Rusetskiy","doi":"10.17803/1994-1471.2023.150.5.045-055","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.045-055","url":null,"abstract":"The paper analyzes the shortcomings of Article 13.3 of the Federal Law «On Combating Corruption» that oblige organizations to take measures to prevent corruption. The legal design of Parts 1 and 2 of Article 13.3 of the Anti-Corruption Law are not coordinated with each other, which makes it difficult to fulfill the requirements laid down by the legislator. In fact, the imperativeness of Part 1 of the article is offset by dispositivity of Part 2, despite the fact that both parts are interrelated in meaning. At the same time, at the stage of law enforcement, both the organizations themselves and the prosecutors overseeing the implementation of anti-corruption legislation by organizations are uncertain about the necessary and sufficient set of the measures that are provided in Part 2 of Article 13.3 of the Anti-Corruption Law. The authors analyze the methods used by Russian organizations to ensure compliance with legislative requirements in the conditions of legal uncertainty of formulations. The paper gives the examples of the best practices in the field of anti-corruption applied in organizations. The authors propose the options for improving the normative and legal regulation of mechanisms for preventing corruption in organizations.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243253","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}

引用次数: 0

History of Formation and Development of Legal Regulation of the National Payment System of the Russian Federation 俄罗斯联邦国家支付系统法律规制的形成和发展历史

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.011-020

Z. Yu. Abdullayeva

{"title":"History of Formation and Development of Legal Regulation of the National Payment System of the Russian Federation","authors":"Z. Yu. Abdullayeva","doi":"10.17803/1994-1471.2023.150.5.011-020","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.011-020","url":null,"abstract":"The paper examines the history of the formation and development of legal regulation of the national payment system. The author highlights that, despite the fact that the concept of the national payment system at the legislative level has been consolidated quite recently, it began to form long before the relevant law was passed. The development of the national payment system is mediated by the formation of a system of financial institutions responsible for payments (settlement (clearing) chambers, credit institutions, etc.), the evolution of payment forms, as well as the introduction of technologies capable of processing mass payments. It is noted that the rapid economic growth characteristic of the beginning of the 20th century resulted in the appearance of the first forms of relatively mass non-cash payments during the pre-revolutionary period, which was also facilitated by the development of bank offices and the emergence of telegraphic communications. In the early years of the Soviet government, the payment infrastructure was nationalized, which became an important factor in strengthening the administrative and command economy. The modern period of development of the legal regulation of the national payment system is characterized by the adoption of the fundamental law regulating the relevant sphere of public relations, as well as the presence of an extensive system of subordinate regulatory legal acts, differentiation of approaches to legal regulation of various payment systems, taking into account the best foreign practices in this area, an effective system of supervision and supervision of the participants of the national payment system.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243257","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}

引用次数: 0

Problems of Determining the Will of Legal Entities in Connection with their Abstract Essence (Vindication Disputes Case Study) 论法人意志的抽象本质认定问题(平反之争案例研究)

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.064-072

A. A. Guseva

{"title":"Problems of Determining the Will of Legal Entities in Connection with their Abstract Essence (Vindication Disputes Case Study)","authors":"A. A. Guseva","doi":"10.17803/1994-1471.2023.150.5.064-072","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.064-072","url":null,"abstract":"The paper deals with the issues of the formation of the will of a legal entity with due regard to the need to establish the nature of the disposal of property for the purposes of vindication (either voluntary or involuntary). The author gives examples of various theories of a legal entity. The author highlights the difficulties of participation of legal entities in vindication disputes due to their abstract essence and the absence of a physical and tangible embodiment of a legal entity. The author concludes that the will of individuals (exercising the powers of the bodies of a legal entity) actually replaces the will of a legal entity. The paper also discusses the features of the formation of the will of a legal entity with a plurality of will-forming and/or will-exercising individuals, for example, if: 1) the decision on the alienation or transfer of property is made by a group of individuals (general meeting of participants, board of directors), or 2) the powers of the sole executive body are granted to several persons, or 3) several sole executive bodies have been formed in a legal entity. With regard to these features, the author concludes which persons’ will is considered the will of a legal entity.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243251","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}

引用次数: 0

Criminal Legal Norms with Double Prevention: Concept, Mechanism of Preventive Action and Types 双重预防的刑事法律规范:概念、预防机制与类型

Aktualʹnye problemy rossijskogo prava Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.150.5.107-122

E. Yu. Chuklina

{"title":"Criminal Legal Norms with Double Prevention: Concept, Mechanism of Preventive Action and Types","authors":"E. Yu. Chuklina","doi":"10.17803/1994-1471.2023.150.5.107-122","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.150.5.107-122","url":null,"abstract":"The paper reveals the specifics of the mechanism of preventive impact of criminal law norms with double prevention, which results in the definition and classification of these norms. The concept of norms with double prevention arose in Soviet criminology following the research on recidivism and measures to prevent serious crimes against a person. Despite the fact that the current Criminal Code of the Russian Federation is expanding the number of norms with a clear preventive focus (for example, Art. 173.1 «Illegal formation (creation, reorganization) of a legal entity», Art. 205.1 «Assistance to terrorist activities», Art. 205.6 «Failure to report a crime»), the theory on norms with double prevention as a means of preventing crime is not developing. Scientists mainly reproduce the provisions of the Soviet doctrine, occasionally making clarifications. Having applied the system structural analysis of the Special Part of the Criminal Code of the Russian Federation and analyzed the criminological theory of crime prevention, the author concludes that the norms prohibiting actions that act as objective and subjective criminogenic factors have a double preventive potential. Accordingly, the essence of the mechanism of the preventive impact of the norms with double prevention is to reduce and neutralize such factors by bringing to criminal responsibility or its threat. When describing the model of the preventive impact of criminal law norms with double prevention, aimed at objective criminogenic factors, the author applied the concept of situational prevention of crimes. The specifics of norms with double prevention that affect subjective criminogenic factors are explained within the framework of data on recurrent (actual) violent crime and G. Tarde’s theory of learning.","PeriodicalId":492507,"journal":{"name":"Aktualʹnye problemy rossijskogo prava","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136243254","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}

引用次数: 0