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Legal Order and Legal Values

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Vol 3, No 1 (2025)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

9-18 136
Abstract

Introduction. In higher education, the issue of using digital technologies that have already proved their value in other areas of social life (big data, digital libraries, the Internet of Things, etc.), and those that have recently become publicly available and still are rarely used in the education system (but are sure to be used in the future) is gaining relevance nowadays. The latter include the artificial intelligence, with ChatGPT 4.0 neural network being one of its types. In Russia, the need to implement the artificial intelligence (AI) is directly stated in the Executive Order of the President of the Russian Federation No. 490 of October 10, 2019, where the National AI Development Strategy for the period until 2030 has been approved. The Russian Federation Government Directive No. 3759-r “On Approval of the Strategic Direction in the Field of Science and Higher Education Digital Transformation” of December 21, 2021 emphasizes that the goal of digital transformation is to achieve a high level of “digital maturity” in higher education organizations, scientific organizations and the responsible sectoral body of federal executive power. The above regulatory requirements induce the research on the prospects of AI technology implementation in educational institutions of all types, including law faculties. The objective of the research is to analyse the organisational, legal and ethical aspects of using the artificial intelligence and justify (on an example of ChatGPT) the advantages and threats of integrating the neural networks in the study process at law faculties of Russian universities.

Materials and Methods. In the research, the commonly accepted in Russia methods of scientific cognition were used: the dialectical method, analysis, synthesis, historical case-specific method, logical, comparative legal, systemic methods, and others.

Results. In the frame of the research, the theory and practice of using the artificial intelligence in educational process at law faculties have been analysed on an example of ChatGPT neural network. The need of embedding into the curriculum (e.g., at Master's level) the special academic courses that present the features of using the artificial intelligence in juridical practices has been justified. The advantages and threats of using the artificial intelligence, possible regulations for its use in the study process have been identified. Ethical issues of using the artificial intelligence have been investigated, and the experience of various Russian and foreign universities that accept its usage has been summarised.

Discussion and Conclusion. Humanity is on the threshold of a new industrial revolution, therefore it is impossible to hinder the development of artificial intelligence any longer. Under the influence of ChatGPT, not only the concept of higher education and a list of teacher and student competencies will change in the nearest future, but also the very understanding of ethics, acceptability and parameters of using the artificial intelligence and other digital technologies. The ideology and philosophy of higher education will change, which will entail legal, methodological, technical and other consequences resulting in adoption of the new digital-reality-related amendments to the Russian Law on Education. The countries where a conservative approach to the new digital educational technologies prevails, will be lagging behind the advanced countries of the world. Formation of a new digital model of graduate’s competencies will happen against the background of other social life changes, including the use of the Internet of Things, unmanned aerial vehicles, robots, artificial intelligence, big data, nanotechnology and many other things. Although the majority of these innovations are not directly related to law, their use will require a legal framework, and lawyers competent in resolving digital disputes will be needed. This is precisely why digital technologies should be integrated into education and taught to students of law faculties.

19-25 104
Abstract

Introduction. Solving the problems of wild animals and their habitat protection requires having the efficiently functioning legal science and practices. However, in the Russian legal system, the place of the faunistic law within the legal framework is insufficiently studied. The problem of determining the differentiation criteria for the branches of law remains disputable. Thus, the fundamental directions of the state and legal policy on protection and rational use of the objects of animal world and their natural habitat have not been fully developed in the existing scientific papers. The present research aims to analyse a purpose as one of the criteria entitling the faunistic law to be considered as an independent area of law.

Materials and Methods. A number of scientific methods and techniques that enabled a more in-depth study of the interdisciplinary relationships between the administrative law, environmental law and theory of law were used to conduct the present research. The analysis of the subject of the research was based on the formally-logical and comparative methods of cognition.

Results. In the frame of the present research, the fundamental purpose of the faunistic law was established as regulation of the relationships in the field of protection and sustainable use of the objects of animal world, as well as preservation of biological diversity. This purpose is a basic attribute that justifies the autonomy of the respective branch of law. During the analysis, the specific features defining the faunistic law targets and effecting both the state and social interests in the frame of using the natural resources, have been identified and comprehensively studied.

Discussion and Conclusion. Studying the purposes of the faunistic law has both theoretical and important practical value. To meet these purposes, it is necessary to have the efficient legal tools and create appropriate conditions for their practical implementation. The proposals and recommendations formulated by the author represent a forward-looking theoretical basis applicable for further scientific research in this area.

PUBLIC LAW (STATE LEGAL) SCIENCES

26-33 114
Abstract

Introduction. Studying the policy of state service Nazification pursued in the Third Reich is gaining relevance not only due to the long existing trend for gradual rehabilitation of Nazism formed in some countries, but, primarily, due to the emergence in Ukraine, with the active mediation of the United States and its European allies, of a political regime, which has built a system of state governance based to a large extent on the Nazi model. Therefore, a dangerous precedent has been created, making it possible to assume that in conditions of the crisis of the Western liberal democracy and its revealed disability to adequately respond to the challenges of the modern world, the same trends may prevail in the leading European states in the future. The research aims to identify the substantive aspects of Nazification of the state governance system in the Third Reich in the period of 1933-1939.

Materials and Methods. The methodological basis of the research was formed by the interdisciplinary and systemic approaches, dialectical and historical-comparative methods.

Results. The study has determined the substantive aspects of transformation undergone by the German state governance system in the pre-war period of Hitler regime existence. The large-scale Nazification became a backbone of transformation process, and was accelerated by joining the National Socialist movement veterans the ranks of the state officials. In the Third Reich, the main criterion for evaluating the occupational aptitude of a state official was not his competence, but unconditional loyalty to the political regime and fitting into the National Socialist racial standards. Thus, the state bureaucracy represented the obedient and efficient tool for implementing home and foreign policy objectives of Hitler regime.

Discussion and Conclusion. Due to National Socialists’ ability to codify the German bureaucratic law in the pro-Nazi spirit during the pre-war period of Hitler regime and to make the state institutions subject to the strict control of the party authorities, they succeeded in reaching the objective of unification and Nazification of the bureaucratic apparatus by integrating the representatives of all levels of state administration into the political system of the Third Reich. By enabling the individuals having merits to the National Socialist movement and some of the lower social class representatives to hold a state positions (thereby ensuring the growth in vertical social mobility to the latter), the German authorities had made a significant step forward in Nazification of the bureaucratic apparatus. Eventually, the Nazis managed to fully adapt the state governance mechanism to the objectives of preserving and strengthening their political dominance on the eve of the World War II outbreak.

34-45 146
Abstract

Introduction. The relevance of the research on the “national security” concept is induced primarily by geopolitical changes taking place in the world in the contemporary period of history. Heads of the states have to adequately respond to the events happening around, such as military conflicts, anthropogenic and environmental disasters, terrorist attacks, challenges caused by the development of new information technologies. Therefore, studying the interpretations of the “national security” concept in different editions of the National Security Strategy of the Russian Federation through the prism of historical development and modern attitudes, taking into account external and internal threats, is expedient. The research is aimed at investigating and analysing the evolution of the “national security” concept in the National Security Strategy of the Russian Federation in the changing world settings.

Materials and Methods. The object of the study is the “national security” concept as a complicated and multifaceted notion used in the National Security Strategy of the Russian Federation (in 2009, 2015 and 2021 editions). The dialectical method has been used as the main method of cognition, additionally, the general scientific methods of analysis and synthesis, comparative and dogmatic legal methods were used.

Results. Evolution of the “national security” concept in three editions of the National Security Strategy of the Russian Federation has been analysed and modern interpretation of the concept has been provided. The dynamic nature of social relationships that determines the need for constant reinterpretation and adaptation of this concept to the changing realities has been studied. Dependence of the changes in the essence of the “national security” concept on the internal and external challenges and threats faced by the state at the certain period of historical development has been substantiated. This is reflected in the regulatory legal documents stipulating the basic principles and priorities of the state policy on ensuring the security of the country.

Discussion and Conclusion. The conclusions drawn as a result of the study should complement and expand the scientific understanding of the essential characteristics of the “national security” concept stipulated in the National Security Strategy of the Russian Federation, as well as of the measures designated to improve the legal support of the national security in the contemporary geopolitical realities. Moreover, the research results can serve a basis for further scientific hypotheses and research in this area.

46-52 164
Abstract

Introduction. Nowadays, protection of the human rights in the open digital environment is becoming an important objective within ensuring personal security of citizens. The confidentiality of private life and personal data may be under threat. Therefore, the duty of the state is to maintain a balance between the personal interests of citizens, public benefits and powers of public authorities, which can be achieved by improving the legislation on processing the personal data and creating in the Russian segment of the Internet a flexible quickly adjustable to new challenges cybersecurity system. The aim of the study is to identify the threats and risks the usage of digital technologies has to the unconstrained implementation of the person's right to privacy, as well as to propose the solutions to the problems of privacy protection in the context of the digital transformation of society.

Materials and Methods. The research was conducted using the general philosophical method of dialectical cognition of objective reality, as well as the general scientific and specific scientific methods: logical, dogmatic legal, comparative legal, system-structural and others.

Results. It has been found that protection of the information space of the Russian Federation is a crucial element of the national security ensuring protection of the interests of citizens and social structures. It has been proved that digital transformation of society induces the need to adopt a number of measures for protection and ensuring the natural rights of a person. The problems and threats revealed in the digital environment indicate insufficiency of the efforts on improvement of the Russian Federation legislation and creation of the additional divisions in the law enforcement agencies. A comprehensive approach to protection of citizens’ rights to privacy is required. It has been proposed to develop and enshrine at the legislative level the new principles of personal data processing.

Discussion and Conclusion. The issues of protecting citizens’ rights to privacy in the context of digitalization require close attention from the state and society. It would be expedient to accelerate the process of improving the legal regulation of these social relationships for creating a secure digital environment. The theoretical provisions formulated in the article can be used in further research on this topic.

53-59 87
Abstract

Introduction. The issues of economic and social development, determining the boundaries of the Arctic regions, interaction and differentiation of powers between the Federal centre and the subjects of the Russian Federation – these are the issues of prioritised scientific and practical interest whenever Russian Arctic is concerned. However, for ensuring the security of the country and reaching the goals of the national policy on sustainable development, the issues of environmental protection of the climate-forming Arctic part of Russia, the problems of land use, protection of the rights and legitimate interests of the Arctic scanty indigenous peoples are no less important. The aim of the study is to find and substantiate the legal ecology potential of the “Arctic hectare” program in the context of sustainable development of the Arctic Zone of Russia.

Materials and Methods. The study was carried out using the dialectical-materialistic, dogmatic legal, and logical methods of scientific cognition, which made it possible to compare the available scientific data and research results to the provisions of the acting regulatory legal acts on sustainable development of the Arctic.

Results. The legal ecology aspects were found to be the weak point in the Arctic Zone sustainable development: despite the bulk amount of the normative legal acts, the problems of distributing the territories of traditional nature management, reclamation of disturbed tundra lands, climate risks, preservation of the specially protected natural territories within the boundaries of the "Arctic hectare" allocation, etc. have not been solved yet. The topical legal ecology issues on improving the regulatory framework and successful implementation of the "Arctic hectare" program have been identified.

Discussion and Conclusion. The study has revealed the shortcomings in the legal framework of the Russian Arctic development program, namely its bias towards the socio-economic sphere. The potential of the “Arctic hectare” lies in creation of the efficient legal ecology regime regulating the use and development of this territory from perspective of its environmental significance.

PRIVATE LAW (CIVIL LAW) SCIENCES

60-65 100
Abstract

Introduction. The relevance of the study is induced by the need to improve the efficiency of public land resource management in the Russian Federation. Successful examples of other countries on blockchain technology integration into the land regulation process indicate the major potential of such solutions, however, in Russia this issue currently remains poorly studied. The article aims to investigate the possibilities of digitalizing the bidding procedure for acquisition and lease of the state or municipally owned land plots using the blockchain technologies, to identify key advantages of these technologies, problems and prospects of their implementation.

Materials and Methods. The study was based on the comparative approach aimed at evaluating and analysing foreign experience on blockchain technology integration into the land acquisition or lease auction processes. The legalistic (dogmatic legal) method was also used.

Results. It has been found that digitalization of auctions for acquisition or lease of the state or municipally owned land plots using blockchain technologies significantly increases the transparency, security and efficiency of these procedures. The use of new technologies reduces risk of corruption, accelerates processes and improves the accessibility of information to the participants, which has been confirmed by the successful experience of Estonia and the UAE. It has been emphasized that implementation of blockchain technologies in Russia requires the development of uniform standards for digital platforms used in this sphere to ensure compatibility of systems and unification of data. It has been proposed to envisage legal recognition of the electronic transactions and documents, thereby, to simplify the process of registering the rights to land plots. The conclusion about the need to ensure bidders’ data protection has been made, which is an important aspect requiring adoption of additional measures in the field of cybersecurity.

Discussion and Conclusion. Implementation of digital technologies can significantly simplify organisation of land auctions, reduce risk of corruption and accelerate the transactions. It is important to continue research on the ways of removing the existing technical and legal barriers and adapting the international experience to the Russian reality to ensure sustainable development of the land auction system in the future.

66-74 171
Abstract

Introduction. The dynamic development of labour relationships and implementation of the new forms of employment, such as distant work, taking place in our state at the present stage of its life cycle, stimulate the legislators to constantly improve the legal norms of employee-employer relationship regulation. Thus, in the last two years, the legal norms regulating labour of the certain categories of employees, the issues of documenting labour relationships, managing and arranging payment for mentors, etc. have been significantly updated. At the same time, one of the important institutions of labour law – labour discipline, and in particular, disciplinary liability of employees – has not been changed for quite a long time. Unfortunately, this does not mean that the norms it is regulated by are perfect and easy to implement in practice. The present research aims to analyse the regulatory framework and take it as the grounds to formulating the directions for improvement of the Russian Federation Labour Code referred to disciplinary liability of employees in analogy to the special laws regulating labour of the certain categories of employees (judges, officers of state, police officers, etc.).

Materials and Methods. The general scientific method, comparative analysis and dogmatic legal approach were used by the author to study the legislation regulating the issues of awarding disciplinary penalties.

Results. Insufficiently well-developed labour discipline regulating provisions in the Labour Code of the Russian Federation cause problems for both parties of labour relationships: employees may be unfairly held disciplinary liable, and employers risk to face the rescission of disciplinary punishment judgment awarded to an employee and subsequent claim for compensation for moral damage (and in the case of dismissal – reimbursement of wages for the period of forced absenteeism). Special laws providing detailed regulation of labour for judges, prosecutors, law enforcement officers, etc. have been analysed, and amendments to the acting legal norms have been proposed in their analogy, i.e.: establishing a clear algorithm for an employer to award a disciplinary penalty; determining at the statutory level the type of liability corresponding to the certain disciplinary offense. It is proposed to provide a juridical definition of a concept of “improper performance of labour duties” to exclude the discriminatory interpretation by an employer.

Discussion and Conclusion. Based on the provided examples of precise regulation of disciplinary liability of the certain categories of employees, the trends for improvement of the Russian Federation legislation have been outlined. Further research is needed to formulate the general norms on application of the employee liability in such a way that would ensure employee the efficient protection from labour discrimination, and employer – possibility to apply the above mentioned penalties in accordance with the precise and understandable procedures saved from subsequent litigation.



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ISSN 2949-1843 (Online)