{"title":"“Digital law” vs “digitalization of law”","authors":"O. A. Globenko","doi":"10.31857/s102694520024844-9","DOIUrl":"https://doi.org/10.31857/s102694520024844-9","url":null,"abstract":"With the inevitability of further expansion, improvement and systematization of the mechanism of legal regulation of relations developing in the digital environment, the accuracy of legal and doctrinal terminology, its compliance with the already established system of conceptual and categorical apparatus, subject area and trends of legal regulation remains a significant task. The conflict of doctrinal approaches in the issue of terminological designation of such a phenomenon as the intensifying regulation of digital phenomena is incompatible with the dogmatism of law, requires more certainty, but for this it is necessary to resolve, according to the authors of the article, the main question: which of the terms most accurately corresponds to the nature of the emerging system of norms – “digital law” or “digitalization of law”?","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75435046","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 search for the “legal Grail” has been completed (Reflections on the fields of fundamental research “Military Law” in the era of transformation of the current world order)","authors":"A. Yatskin","doi":"10.31857/s102694520025954-0","DOIUrl":"https://doi.org/10.31857/s102694520025954-0","url":null,"abstract":"The fundamental monographic study “Military Law” comprehensively examines the issues of legal regulation of public relations related to the functioning of the military organization of the state, provides a detailed theoretical justification of the independence of Military Law as a branch of Russian law, its key sub-branch - the law of armed conflicts.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78432159","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":"Feignfullness prohibition: administrative and legal research with elements of an economic approach","authors":"Svetlana Кorenkova","doi":"10.31857/s102694520021159-5","DOIUrl":"https://doi.org/10.31857/s102694520021159-5","url":null,"abstract":"In 2013, a legislative prohibition was introduced in the Russian Federation, and in 2016, the administrative punishability of registering feigned accounting objects in accounting registers (hereinafter referred to as the feignfullness prohibition). A legal comparison of the concepts of “feigned accounting object” and “feigned transaction” conducted in 2021 demonstrated a lack of interest in the feignfullness prohibition on the part of both legal science and law enforcement practice. Economists, however, have been showing a scientific interest in studying the feignfullness prohibition since 2013, do not assess not only the legal validity of this prohibition, but also the degree of violation of the rights of economic entities. This circumstance served as an impetus for the economic study of the feignfullness prohibition, taking into account its legal characteristics. As a result, it was concluded that this prohibition is associated with excessive restrictions on the rights of economic entities, is not fully legally justified and requires correction of accounting legislation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73019844","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 first Criminal Code of Soviet Russia and the responsibility of professional criminals","authors":"P. Skoblikov","doi":"10.31857/s102694520024127-0","DOIUrl":"https://doi.org/10.31857/s102694520024127-0","url":null,"abstract":"In 2022, 100 years have passed since the adoption of the first Criminal Code of Soviet Russia — a fundamentally new codified act in the history of Russian legislation. The objectives of this study: to identify and analyze the provisions of the Criminal Code of the RSFSR of 1922 aimed at combating professional crime; to assess their validity, novelty and consistency in the context of the criminal-political tasks that were set before the legislative bodies, as well as their conditionality of the socio-economic and criminological situation that was developing at that time; to create prerequisites for further research on the extent to which the approaches of the legislator to the criminal-legal fight against professional crime were embodied and developed in the subsequent criminal legislation. The article analyzes the main and qualified elements of crimes containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of fishing. The rules of sentencing professional criminals and the application of other social protection measures to them, in addition to punishment, are considered. The prescriptions of the criminal law are set out in combination with the characteristics of the socio-economic and criminogenic situation of the early 20s of the twentieth century, the views of domestic lawyers of that time on the problems of criminal professionalism, assessment of the bases of legislative decisions, their gaps and shortcomings.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73122133","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":"Defined the new time and the strategies of the future","authors":"A. Savenkov","doi":"10.31857/s102694520024627-0","DOIUrl":"https://doi.org/10.31857/s102694520024627-0","url":null,"abstract":"The essay presents the main stages of the life of an outstanding lawyer – Academician, Vice-President of the Russian Academy of Sciences Vladimir Nikolaevich Kudryavtsev, whose 100th birthday is cel-ebrated by the legal community of Russia in April this year; a general description of one of the funda-mental research of the scientist “Strategies for combating crime” (2003) is given, the influence of V.N. Kudryavtsev’s ideas on the further development of Criminal Law and criminology is shown.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74310715","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":"Legal regulation circulation of digital rights in United States of America","authors":"Rashad Kurbanov A.","doi":"10.31857/s102694520024857-3","DOIUrl":"https://doi.org/10.31857/s102694520024857-3","url":null,"abstract":"Technological progress in United States of America, the popularization of Internet makes necessary legislative regulation of the rules for circulation of digital rights and protection of digital information. The purpose of the study is: to form a conceptual understanding basics of legal regulation circulation digital rights and protection of digital information in United States. The study used general scientific and specific scientific methods, such as analysis, comparison, structural, systemic and functional approaches, etc. The basis of scientific study were methods of analysis, analytical and functional approaches, which, in turn, made it possible to identify most pressing nuances of legal regulation of protection and circulation digital rights. The study of legislation and judicial practice in the United States allowed us to formulate a conclusion that the level of legal regulation of the protection of the rights of digital data subjects corresponds to global trends in the development of law in general and public interests in particular. Moreover, regulatory legal acts adopted in the United States can be used in foreign countries to regulate the rules of turnover and protection of the rights of digital data subjects.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72744576","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":"Global crisis in the context of law, physical economy and energy value theory","authors":"M. Shapsugova","doi":"10.31857/s102694520025939-3","DOIUrl":"https://doi.org/10.31857/s102694520025939-3","url":null,"abstract":"The transition to new technologies and the energy crisis provoked has become a source of a global economic, political, cultural and civilizational crisis. Against this background, studies of the correlation of energy and technological transitions, as well as their impact on the transformation of socio-economic systems, are of particular relevance. Understanding social, cultural, technological processes and phenomena based on traditional values and accumulated cultural and historical experience is one of the Foundations of the state policy for the preservation and strengthening of traditional Russian spiritual and moral values, approved by Decree of the President of the Russian Federation of November 9, 2022 No. 809. The object of research in the article is the global crisis, and the subject is its specific manifestations: energy, economic, social crises. The purpose of the study is to conduct an experiment on the application of the energy theory of value as a direction of physical economics to the analysis of the global crisis. Based on the goal, the main task of the study is to determine the direction of social development based on the energy theory of value. The article concluded that a civilizational shift is inevitable, the social structure of society is rebuilt, cultural values are rethought, and new universal equivalent - a value meter, as which the author offers the cost of energy.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81769013","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":"Problems of implementation and protection of the rights of participants in economic relations in the conditions of the digital divide","authors":"N. Solovyanenko","doi":"10.31857/s102694520024344-9","DOIUrl":"https://doi.org/10.31857/s102694520024344-9","url":null,"abstract":"The article considers the use of digital technologies in most areas of business activity in the light of the global characteristics of post-industrial society - the technologization of most areas of human life. The author explores one of the most pressing issues of the digital era – the growing digital divide (from the English digital divide), or digital inequality in terms of access to information technologies and their use in economic, including procedures for protecting the rights and legitimate interests of subjects of the digital economy. There is a destructive sign of the modern digital divide - the lack of digital literacy, knowledge or problem-solving skills to perform tasks in a digital environment. It is concluded that research in the field of law should not ignore the consequences of digital inequality: the disadvantage of small and medium-sized businesses in legal relations with large technology suppliers, the inability to assess contractual conditions due to overloading with technological terminology, damage due to inadequate assessment of security risk, neglect of cyber hygiene requirements, and others. Overcoming the digital inequality of the parties when using online mechanisms for the protection of rights and legitimate interests excludes a purely technocratic approach and complies with the rules of fair trial.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83753016","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 law of armed conflicts in the era of global changes (some aspects of its place and role in the light of the publication of monograph “Military Law”)","authors":"I. A. Nagorny","doi":"10.31857/s102694520025649-4","DOIUrl":"https://doi.org/10.31857/s102694520025649-4","url":null,"abstract":"In the three-volume monograph titled “Military Law” for the first time in legal science, the systemic prerequisites of Military Law are subjected to a deep theoretical understanding. It is researched the objective grounds on which the foundation of military relations in the state is first built, and subsequently its institutional superstructure is formed in the form of military legal relations, which together constitute a branch of Military Law.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"326 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80364430","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":"Ethnozoological violence as a model for committing a crime","authors":"A. M. Pleshakov","doi":"10.31857/s102694520024125-8","DOIUrl":"https://doi.org/10.31857/s102694520024125-8","url":null,"abstract":"The article deals with the use of animals against humans and other representatives of the animal world. Such violence is actually recognized as a kind of instrumental coercion. At the same time, ethnozoological violence is considered as an ethnocultural phenomenon based on the mental heritage of previous generations. It is argued that violence with the use of animals has a socio-psychological origin, which is typical for most States. As a phenomenon of human practice, it is a generic concept in relation to its extreme form – criminal violence. Accordingly, any coercive influence on other people using animals is a model for criminal acts in the form of harm to human life or health. Consideration of ethnozoological violence in any aspect as a global social phenomenon or as a private event has shown that these forms always obey general socio-psychological laws.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83295157","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}