Sovetskoe gosudarstvo i pravo最新文献

{"title":"Artificial intelligence – a means of method committing fraud in the field of computer information?","authors":"A. Zharova","doi":"10.31857/s102694520021177-5","DOIUrl":"https://doi.org/10.31857/s102694520021177-5","url":null,"abstract":"Problem statement. Despite the benefits that society receives from the use of artificial intelligence (AI), its use creates risks and threats, for example, as a means of committing a crime. The definition of “artificial intelligence” is reduced to the description of a set of individual information technologies that can collect and analyze data, as well as simulate human cognitive function. There are discussions in the scientific literature about whether and can be considered as a method, object or means of committing a crime. The article proves that it should be considered as a means of committing a crime. Goals and objectives of the study. The purpose of the study was to analyze the possibilities of using AI as a means of committing fraud in the field of computer information. The article analyzes the main methods of illegal acts, which are defined in Article 1596 of the Criminal Code of the Russian Federation, judicial practice of qualifying crimes under Article 1596 of the Criminal Code of the Russian Federation, the provisions of the Resolution of the Plenum of the Supreme Court of November 30, 2017 No. 48 (ed. dated 29.06.2021) “On judicial practice in cases of fraud, embezzlement and embezzlement”. The alleged criminal acts that can be qualified under art. 1596 of the Criminal Code of the Russian Federation, taking into account the methods of committing criminal acts.","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":"78329810","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":"Methods and forms of resolution of interstate disputes","authors":"E. Mikhailova","doi":"10.31857/s102694520024819-1","DOIUrl":"https://doi.org/10.31857/s102694520024819-1","url":null,"abstract":"The article is devoted to the search for an answer to the question about the criteria for determining the methods and forms of protection of violated or contested rights in interstate legal conflicts. The problem of dispute resolution procedures in which sovereign states and international entities act as parties is currently particularly acute. International cooperation is acquiring the broadest forms, which results not only in the improvement of the positions of states in certain areas, but also in the growth in the number of interstate and international conflicts. Based on the analysis of the domestic Russian system for the protection of rights, freedoms and legitimate interests, it was concluded that there are two alternative methods of protection: public law, based on the present position of the judicial authority over the disputing parties; and private law, in the form of arbitration. The criterion for their application in the domestic sphere is the legal nature of the disputed material relationship and the ratio of the legal statuses of the disputing subjects: “vertical” disputed legal relations allow only public legal protection, private law, “horizontal” legal relations allow arbitration, subject to the consent of both parties. It is shown that interstate legal relations in a similar way can be private law, that is, based on the equality of the member states participating in them, and “vertical”, legal relations of the coordination type, in which sovereign states renounce part of their sovereignty and voluntarily submit to the jurisdiction of a certain international judicial body. The conclusion is formulated that in interstate conflicts both methods of protection retain their significance and are applied on the basis of the criterion of the correlation of the legal statuses of the persons (states) involved in the case. It is shown that the arbitration of interstate disputes (international arbitration) retains all the features and properties of the arbitration of “internal” cases and should be applied solely on the basis of the will of the states - parties to the disputed material legal relationship.","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":"86923953","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":"Human rights: traditional values, universal standards, new challenges (The All-Russian Scientific Conference with international participation)","authors":"N. Varlamova","doi":"10.31857/s102694520024781-0","DOIUrl":"https://doi.org/10.31857/s102694520024781-0","url":null,"abstract":"On October 25, 2022 the Institute of State and Law of the Russian Academy of Science hosted the All-Russian Scientific Conference with international participation “Human rights: traditional values, universal standards, new challenges”. It was attended by representatives of leading Russian scientific and educational institutions, as well as researchers from Belarus, Kazakhstan, Vietnam. The conference examined a wide range of problems related to the diversity of theoretical interpretations of human rights, the formation of the concept of constitutional status of a person, and the enforcement and protection of human rights. Particular attention was paid to the influence on these processes of modern achievements of neuroscience, genetic engineering, as well as extensive use of digital technologies","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90571858","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":"On the concept of intellectual rights in the light of their object","authors":"I. Ovchinnikov","doi":"10.31857/s102694520020813-5","DOIUrl":"https://doi.org/10.31857/s102694520020813-5","url":null,"abstract":"This article explores the concept of intellectual rights, introduced by Part 4 of the Civil Code of the Russian Federation to denote the totality of intellectual property rights. The author argues its independence among subjective civil rights not only from property rights, but also from the rights of personality. The development of European Civil Law of the XIX century that led to steady decline of the proprietary theory of intellectual property, simultaneously led to the formation of the theory of personality rights in relation to artistic work. This theory, which understood the work as a continuation of the author’s self, still exerts its influence upon Russian Civil Law and leads to the confusion of intellectual property with inalienable attributes of personality (intangible goods) in the system of objects of civil rights.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90979156","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":"Punishability of crimes committed using virtual currency","authors":"M. Dolgieva","doi":"10.31857/s102694520021176-4","DOIUrl":"https://doi.org/10.31857/s102694520021176-4","url":null,"abstract":"Innovations in the field of computer technology and financial assets affect all spheres of life of society and the state, including its law enforcement and judicial bodies. New types of encroachments, which include crimes committed using virtual currency or in relation to it, which certainly have an increased public danger, often go unpunished due to the lack of regulatory regulation and uniform judicial practice. The greatest risks from the lack of effective criminal legal counteraction to these crimes are borne by society, since the absence of punishment, as the final stage of the mechanism for bringing to criminal responsibility for illegal violations, negates the efforts of law enforcement agencies faced with the impossibility of bringing to such responsibility the perpetrators. To overcome these contradictions and before the adoption of legislative measures, appropriate explanations of the Plenum Supreme Court of the Russian Federation are necessary, since the judiciary should not assume the powers of the legislature and form the directions of the criminal policy of the state.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80682080","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":"Criminal and legal protection of cyber virtual property in modern China","authors":"Pan Dunmay","doi":"10.31857/s102694520025200-1","DOIUrl":"https://doi.org/10.31857/s102694520025200-1","url":null,"abstract":"With the rapid development of Internet technologies, the term “virtual property” is increasingly attracting public attention. From game gold coins and game weapons that originally exist in online games, to the virtual currency represented by Tencent Q coins, also to the current bitcoin, etc. Their forms and functions are becoming more diverse, at the same time, their impact on people's lives is also increasing. In recent years, there has been a gradual increase in cases of violations of virtual property rights in cyberspace. The Civil Code of the People’s Republic of China directly included virtual property in the sphere of protection, but there are no clear provisions on this in the criminal legislation of the country yet. New types of cybercrime cases create problems for the application of traditional elements of crimes. How exactly to apply criminal legislation to regulate violations of virtual property has become an urgent problem. In this article, in the aspects of Chinese legislation and judicial practice on the protection of virtual property, a comprehensive analysis of the relevant controversial issues in the field of criminal protection of cyber-virtual property is carried out. According to the author, the Civil Code of the People’s Republic of China contains only guidelines on virtual property and does not clearly give its legal nature. At the same time, gaps in the regulation of Chinese criminal legislation on the protection of virtual property have created a dilemma in judicial practice regarding the application of laws to violations of virtual property. After the Amendments to the Criminal Code of the People’s Republic of China No. 7 introduced into the criminal legislation the corpus delicti – “Illegal acquisition of computer information system data” (Part 2 of Article 285), the question of the application of the criminal law in relation to the illegal acquisition of virtual property caused a heated discussion. It seems that it is necessary to classify virtual property based on its content so that law enforcement officers can accurately understand the legal attributes of various virtual objects and provide them with appropriate criminal protection.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78661970","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":"Experience of organization of tourist-recreation zones in territories with special conditions of environmental management (by the example of Lake Baikal)","authors":"O. Evstropieva","doi":"10.31857/s102694520025924-7","DOIUrl":"https://doi.org/10.31857/s102694520025924-7","url":null,"abstract":"The article discusses the features of organizing tourist and recreational activities in territories with a high degree of territorial and institutional uniqueness, presents a theoretical and methodological approach to identifying and determining the development goals of the territories of priority tourist and recreational development – tourist-recreational zones on the coast of Lake Baikal. Lake Baikal is a territory with special conditions of use, which has unique natural characteristics and a powerful system of environmental and legal regulation of public relations in the field of environmental protection. For effective planning and regulation of recreational activities in the context of strict environmental requirements for biodiversity conservation, an environmental legal mechanism is involved. This allows you to determine the priority right to use the territory, relying on the norms of environmental law. In the geoinformation environment, using the tool of legal ecological zoning, which manifests the effect of all legal norms in a particular area of the territory, tourist-recreational zones have been identified that allow the legitimate development of recreational activities within the established boundaries. The correlation of the current permitted standards of recreational load with the real state of “local ecosystems” allowed zoning of the tourist-recreational zones in terms of the intensity and nature of recreational loads. The selected categories of legal zoning make it possible to clarify the permitted types of activities on the territory within the boundaries of plots of various categories of land and determine the specific purpose of their use, the types of objects that can be placed. Further analysis of the tourist-recreational zones on the resistance of their constituent ecosystems to recreational loads made it possible to determine possible scenarios for the development of the situation and formulate goals for the development of the tourist-recreational zones with detailing to the level of recreational functions of the territories. Selected tourist-recreational zones can be proposed for the formation of specially protected areas of recreational purpose of regional significance on them and included in urban planning and program documents with the subsequent detailing of the territorial structure of tourism and regular monitoring of environmental, social and economic parameters of the development of recreational activities.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78770330","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":"Philosophical and legal readings of memory Academician of the Russian Academy of Sciences V.S. Nersesyants (All-Russian Scientific Conference with international participation)","authors":"I. Kozhokar","doi":"10.31857/s102694520024325-8","DOIUrl":"https://doi.org/10.31857/s102694520024325-8","url":null,"abstract":"The All-Russian Scientific Conference with international participation “Philosophical and law readings of memory Academician of the Russian Academy of Sciences V.S. Nersesyants” devoted to the theme “Law development of Russia: past, present, future” was held оn the 28 - 29 of October 2022 at the Institute of State and Law of the Russian Academy of Sciences. In the conference considered the problems, including the role of domestic and foreign Philosophy of Law in the law development of Russia; actual theoretical problems of law enforcement; issues of improvement of legal dogmatics; directions of development of law education in Russia. The Philosophical readings were attended by representatives of the leading scientific and educational institutions of the country, as well as researchers from the Republic of Belarus.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82635762","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 prospect of convergence of the legal system of Russia and China as a legal dimension of multipolarity in the XXI century","authors":"G. Nebratenko","doi":"10.31857/s102694520024182-1","DOIUrl":"https://doi.org/10.31857/s102694520024182-1","url":null,"abstract":"The article is devoted to the comparative legal analysis of the Far Eastern and Eurasian states, which is of scientific interest for synchronizing interstate cooperation and stabilizing international security by national means. The pragmatic interaction of the largest states of Eurasia is aimed at resolving the contradictions of the modern world order, largely predetermined by the desire of the United States for the global spread of the rules of the unipolar world order. The object of the scientific article is the comparative legal relations of the People’s Republic of China and the Russian Federation in the process of concrete historical development of national legal systems, which contain cumulative potential for ensuring universal peace and security. The subject of the article is expressed in a comparative analysis of the Chinese and Russian legal systems based on the analysis of the characteristic features of Romano-German, socialist and traditional (customary) law. The theoretical basis of the research is based on the comparative legal concept of Rene David and its epilogue edited by Camille Joffre-Spinosi, which crowned scientific ideas about the types of law and legal systems, as well as the periodization of historical epochs established in the humanities in the process of progressive development of mankind from the ancient world to Modern times. The methodological basis of scientific knowledge was the use of the comparative legal method, the historical-legal and formal-logical, as well as the system-structural method. As a result, the conclusion is made about the unconditional influence of the signs of the “family of socialist law” on the Chinese legal system, taking into account the declared construction of communism by 2049, as well as the completion of the “One Belt, One Road” project (the Great Silk Road). At the same time, a right-wing system of the Romano-Germanic type has developed in the Russian Federation, but Russia, as the legal successor of the USSR on its territory and in international organizations, remains the ancestor of the family of socialist law, which is the contribution of domestic science to the development of world jurisprudence. However, for the family of Romano Germanic law, the Russian Federation is too large in historical and geographical terms and is specific in legal significance, therefore, the idea of self-sufficiency of the national legal system, which is currently obviously dominated by signs of continental law, is more accurate. The mechanical attribution of the Russian legal system to the type of Romano-Germanic law, which occurred at the level of doctrine in the 90s of the XX century, is a predictable decision related to the idea of the existence of a quartet of legal families. However, Rene David in the Soviet and post-Soviet period considered Russia separately from the legal systems of the Old World and the “Young European states” proclaimed in the XX century and not having a sovereign influence on th","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78932719","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 life of the society, anomie and problems of legal space unity in Russia nowadays","authors":"A. V. Mal’ko","doi":"10.31857/s102694520024769-6","DOIUrl":"https://doi.org/10.31857/s102694520024769-6","url":null,"abstract":"The author of the present paper analyses problems of building single legal space in legal life of modern Russian society. The article contains consistent and systematic measures towards organizing legal policy in this field for the Russian Federation","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87851946","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}