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Legal Order and Legal Values

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Vol 2, No 4 (2024)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

9-16 128
Abstract

Introduction. Digitalization fully represents itself not only in business or state governance, but also in the field of jurisprudence. Digitalization of the latter can be discussed in three aspects: digitalization of law practices, science and education. At present, a number of routine legal operations are being digitalized – civil contract drafting constructors are being created, legal data reference systems are being developed. Digitalization opens up the great prospects for legal education, for example, in extended use of computer games in teaching students. The least studied are the trends and prospects of digitalization in the Russian juridical science, which are represented in the use of text and graphic neural networks (for example, ChatGPT). However, the use of the neural networks has a number of ethical and legal restraints that are little discussed in the present-day juridical science. Therefore, the aim of this article is to reveal the trends and prospects of using the neural networks in scientific juridical research, as well as to identify the advantages and threats emanating from the modern neural networks (on the example of ChatGPT).

Materials and Methods. The research was carried out using the methods of scientific cognition commonly accepted in Russia: general scientific (dialectical) method and specific scientific methods (analysis, synthesis, concrete-historical, logical, legal cybernetics method, systemic methods and others). The neural network research method, which enabled to analyse the algorithms of the ethically acceptable usage of ChatGPT neural network, was also used in the article. According to the methodology chosen by the authors, the institutions, programs and technologies were not investigated.

Results. Within the research, the authors have analysed the theory and practice of using the neural networks for conducting the scientific research in the environmental law, the results of using the graphic neural networks have been shown on the certain examples (two figures generated by the neural network are attached). In the framework of using the text neural networks, the algorithms for their application have been proposed (on the example of conducting a comparative analysis of a number of legal concepts, including the sustainable development and green economy). The gaps in the legal regulation of the use of ChatGPT neural network have been revealed and ethical parameters for its use have been determined. Using the neural networks in the context of the civil law regime has been investigated, the recommendations have been formulated as a response to using the neural networks in drafting the contracts and in some other fields of juridically significant activity.

Discussion and Conclusion. Nowadays, digitalization affects all spheres of public life, including the juridical science and legal education. Of all the existing digital technologies, we have chosen the artificial intelligence technology (ChatGPT) as the most well-known and, at the same time, having the great prospects. This technology can be useful both in the field of legal education and juridical science. ChatGPT (graphic) can facilitate the process of teaching the students at law faculties, by improving the methodological support of lectures and seminars (presentations, graphics). In terms of juridical science, ChatGPT (text) can be useful for summarizing the scientific and/or empirical materials, conducting classifications, adjusting the conclusions, etc. It is worth emphasizing that the direct use of the texts generated by the artificial intelligence is unethical, and is directly prohibited in a number of scientific journals. However, a complete ban on this technology is not expedient. It would be more forward-looking to define the exact parameters of the neural network use in the juridical science and legal education.

17-23 94
Abstract

Introduction. Investigation of the legal activity in the frame of the family relationships seems to be especially relevant in the period of global instability and Westernization. The analysis of the present-day approaches to formation of the family relationships has revealed the dualism in legal universality and cultural identity in the different communities: although the vector of the current state policy of the Russian Federation aims at strengthening the traditional family values, the internal life of a contemporary Russian family often does not fit into this conceptual framework and develops in the direction of the sociocultural alterations of the society, thus, revealing the gaps in the existing legislation. The aim of this paper is to distinguish the aspect of cultural identity as one of the fundamental legal regulators of family relationships for improving the legal system in this field.

Materials and Methods. The leading method used in the research was a comparative approach based on comparing and analysing the legal and cultural family values in Russia and abroad, as well as on contrasting the traditional and modernist concepts of a family ideal. Additionally, application of the general scientific and specific scientific methods (systematization, historical method, abstract-logical method, axiological and legalistic approaches) allowed for a deeper investigation of the features of the family relationship development in the frame of a certain culture.

Results. On the example of the cultural specifics of the different states, the fundamental components forming the institution of a family and regulating the internal family relationships were identified, where the dominating ones were the socio-cultural norms, moral and ethical values and religious views. The analysis of the regulatory documents and relevant research papers enabled finding out the inconsistencies between the concept of supporting the traditional family relationships and the cultural values of the society. Having defined the boundaries of the cultural and legal regulators’ impact, we propose to implement the positive legal methods as a replacement to the radical autocratic approaches for achieving the cultural and legal consensus and developing the legal consciousness of a family.

Discussion and Conclusion. The multifacetedness of the cultural code of a nation requires making changes to the state government and legislative bodies. Therefore, the forward-looking research concepts in the field of the family legal relationships should aim at uniting the traditional legal and cultural approaches to formation of the family values with the modernized ideas of the civil society.

PUBLIC LAW (STATE LEGAL) SCIENCES

24-30 127
Abstract

Introduction. Stipulation of the national spiritual and moral values in the laws and regulations as the benchmarks for the multinational people of Russia is one of the most important conditions for ensuring the national security of the Russian Federation and strengthening the political sovereignty of the state. At present, the national ideological security is in a vulnerable position, because the Constitution of the Russian Federation contains a prohibition of the state or other mandatory ideology, instead of which the legislators are currently using a term “traditional Russian spiritual and moral values”. The Constitution of the Russian Federation adopted in 1993 was created in conditions when the national humanitarian science found itself in a conceptual impasse due to the fact that for a long time it had been built on the basis of the materialistic concepts, but after the disintegration of the USSR, the liberalism in its Western interpretation became a natural replacement for the Marxism-Leninism. Therefore, for a long time, Russia was assimilating the foreign humanitarian knowledge in anticipation of forming the “global world order” and finalising construction of the “consumer society”. Later, when it became evident that there was no place for a sovereign Russia in the unipolar world, the revival of the national humanitarian knowledge turned out to be a way out of that situation and the only opportunity to adapt the new political reality to the conditions of the Russian legal reality. It is necessary to eliminate the gaps in the juridical knowledge referring to the state policy in the field of national ideology based on the traditional Russian spiritual and moral values. The aim of the research is to study the current conditions for the juridical stipulation of the all-Russian identity and national unity having been formed on the basis of the traditional Russian spiritual and moral values.

Materials and Methods. The authors have used the formal-logical and historical-legal methods for preparing the article. The general analysis and comparison of regulatory legal acts on the relevant topic have been carried out, where appropriate.

Results. A scientific understanding of the traditional Russian spiritual and moral values has been formed on the basis of that enshrined in the Constitution of the Russian Federation and in the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022. The authors have proved that, upon the constitutional and legal prohibition of state or other mandatory ideology, the historical type of legal understanding based on the reproduction of the traditional values and national legal culture, which are necessary for the intellectual opposition to the liberal trends of the unfriendly states, becomes particularly relevant in the present day theoretical and legal doctrine. Moreover, the availability of a range of the normative legal acts regulating the state policy on the preservation and strengthening of the traditional Russian spiritual and moral values has been clarified.

Discussion and Conclusion. It is evident that the role of the historical culture and legal traditions of the multinational people of the Russian Federation with the Russian people as a vanguard, is strengthening within the national legal framework. Preservation and strengthening of the traditional spiritual and moral values allows us to form a cohesive society as a guarantee of a strong state and is a constitutional goal of the Russian Federation for the forthcoming years. The scientific ideas put forward by the authors have a proven, solid character and can be used as a theoretical basis for ensuring the national ideological security of the Russian Federation.

PRIVATE LAW (CIVIL LAW) SCIENCES

31-36 95
Abstract

Introduction. Global climate change, the reduction of wildlife populations, and ecological disturbances remain the most acute problems – the negative anthropogenic impact on nature increases and becomes more diverse. Therefore, the work on the creation of the efficient tools for protecting and restoring natural resources continues at the international and national levels of legal regulation. One of these tools is civil liability for the damage inflicted on the natural objects, which is insufficiently elaborated in the Russian legislation. The aim of the paper is to analyse the problems of legal regulation in the field of conservation and use of the natural objects in the Russian Federation and to offer recommendations to solve them.

Materials and Methods. To conduct the research, philosophical methods of cognition (metaphysics, dialectics of objectivity, empirical, prognostic, logical), as well as the general scientific methods (complex analysis) and specific scientific methods of cognition (comparative and system analysis for studying the interdisciplinary relationships between civil and environmental law) were used.

Results. The efficient application of the civil liability mechanisms for the damage inflicted on the natural objects is hindered by the following main gaps in the Russian Federation legislation: the lack of uniform and clear terminology; shortcomings in the methods of assessing the environmental damage; inconsistency between the principles of compensation for the environmental damage in different branches of law; insufficient role of anticipatory measures in preventing the environmental damage.

Discussion and Conclusion. Based on the results of the analysis, a number of proposals have been outlined to improve the acting legislation of the Russian Federation, which will ensure implementation of the civil liability measures for violation of the laws regulating the use of wildlife objects and their habitat. The reasoned recommendations developed by the author can be used as a theoretical basis for the advanced scientific developments in the studied field. 

37-43 82
Abstract

Introduction. The large-scale transformations in the state power and governance authorities of the Russian Federation have led to the significant change of the role assigned to the legal and state institutions. The reforms have also affected the matters related to the protection of various types of secrets in the frame of labour relationships, organisation of the work of the human resources departments and their interaction with the law enforcement and regulatory authorities. The authors as well as other scientists study the various viewpoints on this issue, however, neither in the scientific nor in the law enforcement circles there exists a uniform opinion on the methodology of protecting the secrets. The aim of this study is to investigate the existing methods of protecting the secrets, to identify the problematic aspects in the system of interaction between the state, law enforcement and judicial bodies of the Russian Federation and to propose possible solutions for improving the methods of preserving secrecy at the current stage of development of the country.

Materials and Methods. The general scientific and specific scientific methods were used in the frame of the study, such as, the dialectical method of cognition, the cognitive analysis method, the sociological method and others.

Results. When carrying out the certain actions under the employment contract, an employer and an employee are guided by the special rules, which correspond to a specific secrecy preserving behaviour, but which, in the author’s opinion, are not enough accurate and worked out in the acting legislation of the Russian Federation. The main problems referring to this subject are: the insufficiently developed theoretical apparatus; a narrow range of powers in the frame of the state supervision; low level of administrative liability of the subjects. To solve these problems, a number of measures are proposed to optimize the legal support of the parties of the employment contract in the frame of protecting their rights and freedoms and providing them with the guarantees necessary to ensure the regime of preserving secrecy.

Discussion and Conclusion. To ensure the efficient legal policy of the state, the constant improvement of the legal framework is required. The present article investigates in detail the problems of organising the interaction of both the state and private employers with the law enforcement and judicial authorities of the Russian Federation in the frame of implementing the methods of secrecy preservation, and the ways of solving these problems are proposed. The main conclusions made by the author have theoretical and practical significance for further research in this field.

44-51 88
Abstract

Introduction. For our country, the modern era is characterised by the rapid development and sophistication of the social relationships, especially in the field of economics and private property preservation as the basis for enhancing market relations. Over the past few years, new institutions and norms have been formed within the civil law of the Russian Federation, which officially stipulated the relationships already existing among the subjects. The most atypical innovation for the Russian legislation was integration of the new rules of inheritance based on the contractual relationships (Article 1140.1) into the Civil Code of the Russian Federation in 2019. Unfortunately, this institution has not become widely used in practice, probably due to the rather incorrect regulation of the rights and obligations of the parties to this legal relationship and their unequal position in obtaining the final result. Significant difficulties arise when using this norm in the context of inheritance of the agricultural lands, residential premises, joint property, etc. The study of the institution of inheritance by contract is highly relevant due to the fact that this norm has a potential to become a fairly strong basis for the formation of equal relationships of the parties in terms of the redistribution of property, but, taking into account the imperfection of legal regulation, it requires the detailed elaboration for its implementation into the objective reality. The aim of the research is to conduct a comprehensive analysis of this institution and develop the practical proposals for improving the legislation on inheritance contracts.

Materials and Methods. The following methods have been used in the research: the general scientific method of theoretical research, comparative analysis, formal-logical approach to the analysis of the legislation regulating the application of the contractual relationships in the frame of property inheritance. A review of the data on law enforcement and judicial practice in the research area has been provided.

Results. The paper identifies the problems of efficient application of the norms of inheritance by contract to the certain types of property, suggests the ways to improve the legislative norms that determine the legal status of counterparties, as well as the content of their powers. A number of proposals for adjusting the acting norms of inheritance by contract have been formulated. In particular, the authors propose to add a separate chapter referring to the inheritance by contract to the Civil Code of the Russian Federation and include in it the norms, which ensure the possibility of preserving property that is the subject of the contract until the moment of contract coming into effect and which regulate the rules of inheriting the residential premises and agricultural lands in accordance with the same procedure. Within the research, it has been also proposed to legislatively stipulate the legal status of nasciturus and children conceived after the death of the testator by means of medical technologies (IVF, embryo cryopreservation, surrogacy, etc.), and the procedure of inheriting property by the spouses upon conclusion of the inheritance contract.

Discussion and Conclusion. The conducted research allowed the authors to identify the existing inaccuracies in the legislative regulation of the inheritance by contract and to determine further directions for studying and adjusting the theoretical and practical aspects of this institution. With respect to the foreign country examples of rule-making in the studied subject area, the trends in the formation of such rules of inheritance by contract were determined that would allow this rarely used practice an opportunity to become an acting procedure that contributes to strengthening the legal order in the frame of legal relationships on inheritance.

CRIMINAL LAW SCIENCES

52-60 82
Abstract

Introduction. The role of the banking sector in the modern economy is difficult to overestimate. The banking system transforms savings into investments, manages the payment system, and is a liaison between the citizens and the agroindustrial, industrial and trade sectors. Therefore, the state policy of the Russian Federation aims at protecting the banking system from property infringements using the entire range of legal measures (civil-law, criminal-law, criminological, etc.). However, up till now, the system of measures aimed at efficient prevention, repression, prosecution of the above crimes and restoration of the disrupted social relationships has not been developed. The norms of the Russian Federation criminal law referring to liability for the larceny of non-cash funds have significant shortcomings in their content and legislative technique. Therefore, there arises a need to study the problems of counteracting the socially dangerous acts committed in the banking sector. The aim of the research is to analyse the status quo and trends of larceny in the banking sector and to develop a package of civil-law, criminal-law and criminological measures to protect the property interests of the credit institutions and citizens.

Materials and Methods. The research was carried out using both the general scientific methods (analysis and synthesis, induction and deduction) and specific scientific methods of cognition (statistical and sociological survey, content analysis, etc.). The reports, summarised results of law practices, materials of the civil- and criminal-law cases, sentences and court decisions were studied by means of the document analysis method. The modeling method made it possible to formulate the proposals on improving the legislation in the studied field.

Results. The status quo and dynamics of larceny in the banking sector have been analysed, typical schemes and methods of committing the above mentioned criminal infringement have been identified, problems in prevention, as well as in the criminal and civil classification of such socially dangerous acts have been distinguished. Measures to improve the criminal law in counteracting the larceny in the banking sector have been proposed, recommendations for resolving the debatable issues of law enforcement practices have been formulated and ways to improve the efficiency of preventive measures have been outlined.

Discussion and Conclusion. The banking system plays a key role in the modern economy, therefore one of the priorities of the Russian Federation state policy is protection of the banking sector from the criminal threats using the entire range of legal measures. The conclusions formulated as a result of the research are intended to supplement and extend the theoretical knowledge basis on the features of larceny in the banking sector, the causes and conditions emanating it. The authors have presented the proposals and recommendations aimed at the comprehensive protection of the property interests of the citizens and credit institutions by means of the civil-law, criminal-law and criminological measures. 



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