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Legal Order and Legal Values

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Vol 1, No 4 (2023)
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9-15 435
Abstract

Introduction. Development of civilization at the modern stage depends on the processes of the information technologies development, which get into all spheres of human life. The "early signs" of the information society were first observed in the late 20s, in the technologically advanced countries. However, at that time, the Information Technology Society according to the scholars’ concept had a different structure and trend of development, but even then, the possible transformations of society and the state were not denied. Such processes were criticised due to the concern about the very existence of the human beings, and possibility for them to apply their abilities in a digital society settings. However, the processes, which are analysed here, have not stop, and digital transformation has much intensified in recent years, affecting all spheres of public life including the state governance. In this regard, studying the processes of digital transformation of the state governance seems forward-looking, because its efficiency is ensured by these processes. With regard to the above mentioned, the aim of the study is to evaluate the significance of implementing the state governance transformation within the modern digital economy settings.
Materials and Methods. The documents, defining the strategy of the state development in the digital economy settings, were analysed in the article. The research was based on such conventional methods of scientific knowledge as the dialectical and legalistic methods, as well as the methods of analysis, synthesis, induction and deduction.
Results. The state governance transformation tools in the digital economy settings have been identified. The importance of the state governance digitalization has been revealed, since, first and foremost, it fosters elimination of the problems referring to, e.g., corruption, statistical data tampering, etc., dealing with the distortion of information. The authors have identified the specifics of the digital state governance, there have been distinguished the main components of digital transformation, and three trends of the state governance development, enabling a quicker transit to the digital methods of governance, have been defined. The conclusion about digital technologies being a quite relevant tool for accelerating the analytical processes in the field of state governance has been made. Digital technologies allow making the more reliable forecasts, based on the bigger data set, they increase the quantity and improve the quality of the services provided.
Discussion and Conclusion. The significance of implementing the state governance digital transformation cannot be overestimated, since such transformation influences significantly on the enhancement of the management processes, ensures the efficiency of rendering the state services to the population that contributes, among other things, to solving the socially vital problems. The theoretical and practical conclusions made by the authors can underlie the further research on the processes and tools of the state governance transformation in the digital economy settings

46-57 650
Abstract

Introduction. The rapid change of the real-world situation is affecting our lives at a global scale and at the time of Russia carrying out the special military operation in Donbass the issues of terrorism of any kind are becoming acute. Since the Cold War times our country has not confronted such a hard-line challenge inspired by the unlawful ideology. The cybersecurity challenges and threats have reached such a scale that from the beginning of the 21st century the discussions about the cybercrimes, information warfare and information terrorism have started in the Russian legal field. In this regard, there arises the need for a comprehensive and consistent study of the structural organisation of the today criminal terrorist cyberspace communities. This will enable determining the disseminating potential of the ideological propaganda via Internet (the information and communication network), revealing the scheme of financing the cyber attacks on the critical infrastructural state facilities, and studying the methods and technologies of executing the terrorist offences in cyberspace. The research on cyberterrorism is relevant due to the widespread implementation of the information technologies into the national economy and the state administration authorities’ activities, vulnerability of the software and hardware to cyber threats, development of the international hacker network, and the improved level of organisation of the modern terrorist communities. The aim of the research is to form understanding about cyberterrorism, identify the reasons and determine the specifics of the modern terrorism-oriented cybercrimes in the context of transition to the polycentric world order.
Materials and methods. The objects of the research are cyberterrorism and social relations arising from the establishment and enforcement of the cyberterrorism countermeasures in the frame of the criminal law. When conducting the study, the dialectical method of cognition was used as the main one, the general scientific methods of analysis and synthesis, as well as specific juridical methods, i.e. empirical (generalisation of judicial practice, criminal-statistical) and legalistic methods were applied.
Results. The current state of cyberterrorism and its place in the structure of the terrorist offences encroaching on the national security of the Russian Federation have been analysed. The provisions of the cyberterrorism countering regulatory documents have been studied. Substantiated conclusions about the reasons for the emergence and dissemination of the terrorist offences in cyberspace have been made.
Discussion and Conclusion. The conclusions drawn as a result of the research aim to supplement and expand the scientific knowledge about the essence of cyberterrorism, the reasons for its emergence and functioning in the modern geopolitical conditions, cyberterrorism legal regulation in the frame of the criminal law, as well as to serve the platform for further scientific research in this field.

16-22 198
Abstract

Introduction. In the context of the national law development, the institutional regulation doesn’t prove to be enough efficient due to a number of factors: the excessive institutionalization of laws, norms and requirements by the subjects of state governance, the use of the outdated methods and regulatory mechanisms, the disintegration of the regulatory institutions, etc. In the frame of the modern scientific research, the solution of these issues is possible only in case of transformation of the legal regulation system towards the rational state governance, provision of technological support and overcoming the excessive rules. Thus, the present work aims to analyse the up-to-date concepts of the institutional regulation system taking into account its basic elements, functions and principles, which will help to detect the gaps and reasons underlying the poor efficiency of the governing process.
Materials and Methods. The requirements of the current stage of the state governance development have become the materials for the research. The research methodology includes a set of general scientific and specific scientific methods: legal, dialectical, logical, institutional, system-structuring, as well as comparative legal and legalistic methods aimed at the detailed study of the regulatory processes, their substantive stages, principles and functions.
Results. The analysis of the institutional regulation system activity is formed by many interacting factors, including openness of the regulatory processes, participation of the public, open discussions, unbiased assessment of the regulatory impact and expediency of the state intervention. The conducted research has made it possible to distinguish the various functions and principles of the institutional regulation, which are significant for the current stage of the state governance development. The requirements for the legal regulation system have also been defined, including the qualitative analysis of the legislation, implementation of the "smart regulation" concept, participation of the specialists of the allied sciences in the regulatory process, implementation of the modern research findings, methods and innovative technologies, as well as moderate and rational control over the efficiency of the regulatory institutions functioning.
Discussion and Conclusion. The institutional governance is subject to many hierarchical factors and excessive control of the authorities. As to the practical recommendations, the following solutions seem to be the most rational: smart delegation of powers, coordination and systematisation of all regulatory stages and elements within the process of the new legal principles and mechanisms implementation supported by the participants’ proactivity and by the space for the up-to-date solutions. The present research proves to be significant for the Russian juridical science, as it implies the systematisation, enhancement and transformation of the fundamental legal principles

58-64 276
Abstract

Introduction. The emergence and then increase during the current decade of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation (hereinafter referred to as the Code, the Criminal Code of the Russian Federation) proves the good result achieved by the legislators in implementation of this legal construct of the Special part of the Code, as well as the efficiency of this tool in fulfilling the current policy of our state referring to the criminal law. Every year a number of such kind of corpus delicti in the Code is only increasing, which indicates the correctness of the policy taken by the legislators more than ten years ago on integrating it into the Code. The aim of the study is to identify the features and problems in the legislative design of the corpus delicti with the administrative prejudice in the Russian criminal law and to propose ways to optimize the corpus delicti of particularly this kind of offences.
Materials and Methods. The methodological basis of the research are the provisions of the national criminal law, for which the corpus delicti with administrative prejudice are foreseen, studied both in historical and present day aspects, criminal laws of the near-abroad countries, as well as the scientific works of the researchers studying this topic. The following methodological tools have been used during the research: the general scientific, as well as some specific scientific methods, i.e., dialectical, system analysis, legalistic, comparative legal and other methods.
Results. The historical and present day aspects of the administrative prejudice application in design of corpus delicti, the features of design of the corpus delicti with administrative prejudice and various variants of prejudice integrated by the legislators in the acting criminal law of the Russian Federation have been analysed. The legislative examples of the administrative prejudice application in some of the Criminal Codes of the CIS countries have been provided. The authors’ own standpoint regarding the presence of the corpus delicti with administrative prejudice in the Criminal Code of the Russian Federation has been expressed. The authors’ conclusions and suggestions on optimisation and expansion of such norms in the acting criminal law of the Russian Federation have been made. The tendency for the further increase of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation has been supported.
Discussion and Conclusion. The conducted research is considered important for the Russian juridical science due to the classification of the prejudices presented by the authors, which implies the availability of "classical" (simple) and "double" (complex) administrative prejudice in the corpus delicti. The amendments proposed by the authors to a number of provisions of the Special part of the Code, in particular, to Articles 180, 213, 330 of the Criminal Code of the Russian Federation about including the administrative prejudice, as a mandatory feature of the objective side of the above corpus delicti, are recommended to be used in further research of the corpus delicti with administrative prejudice

23-37 241
Abstract

Introduction. The concentration of a huge number of people in a small area causes a wide range of social, economic, environmental and other problems, starting from the growth of crime and ending with the natural landscape degradation. With regard to urban territories, the major environmental problems are: air pollution, water quality deterioration, increase of wastes, noise, stray animals, etc. At the same time, in each region or municipality, an environmental problem may have its own features. The role of law in solving these problems is increasing every year. Environment protection is a crosssectoral issue, which means that the norms of environmental, urban planning, municipal, administrative, sanitary and other branches of legislation should be applied for solving the issues thereof. Meanwhile, each of these sectors of legislation pursues its own, rather local goals, using the sector-specific legal tools. Since the city is a complicated but integral social organism, there arises the need to bring various sector norms and regulations to a "common denominator". This role is fulfilled by the urban planning, which doesn’t cancel the legal effect of other sectoral legal norms, but undertakes the coordinating functions, requiring a separate and detailed study. The aim of the work is to identify the topical problems of the urban environment protection and outline the ways to solve them, based on the analysis of the urban planning, natural resources and environmental laws.
Materials and Methods. Legal, organisational, economic and other aspects of the urban environment protection have been investigated using the conventional methods of scientific cognition: general scientific (the dialectical) and specific scientific (analysis, synthesis, concrete-historical, logical, etc.) methods.
Results. The urban planning, natural resources and environmental laws, which regulate various aspects of the urban environment legal protection have been analysed. The advantages and disadvantages of the existing model of law have been revealed, suggestions for it improvement have been made. The analysis of spatial planning documents of three subjects of the Russian Federation (the Republic of Kalmykia, the Republic of Dagestan and Astrakhan region), and three municipalities (urban districts of Astrakhan, Makhachkala and Elista) has been carried out. The environmental requirements contained in the Land Use and Development Regulations of these subjects of the RF have been revealed.
Discussion and Conclusion. The territory of any city is an aggregate of transformed, modified and natural ecological systems, requiring the integrated approach to legal regulation. This objective is achieved by means of the urban planning law. It's in the spatial planning and urban zoning documents that the existing and planned development of the territories is stated, the individual permits, restrictions and prohibitions on the use and protection of the natural resources are taken into account, the balance between the environmental, economic and social interests of the state, business and society is found. The urban planning law directly affects fulfilment of the various environment protection directions within the certain areas of human activity - defines the places (landfills) for waste disposal, sites for constructing the waste recycling plants, locations of wastewater treatment systems and lands for setting up the specially protected natural territories (hereinafter SPNT) (including the ones within the city boundaries) aimed at preserving the valuable objects of flora and fauna; promotes the establishment of the protection regime for the urban forests and forest parks. At the same time, urban planning law does not repeal the rules and regulations on protection of waters, lands, forests or animal world objects, which continue to be legally binding, and, in their turn, influence on the urban planning requirements and restrictions. The provisions of the federal urban planning and environmental laws are perceived differently by the regional and local authorities, this entails significant specifics of the environment protection at regional and local levels.

65-73 163
Abstract

Introduction. The use of smartphones as a learning tool in schools is prohibited by the Russian law. As it is well known, the scientific and technological progress has induced active implementation of the electronic devices into the everyday life of all categories of citizens, and the system of education has not been an exception. To systematise the use of the electronic devices in the education system, the legislators have submitted to the State Duma of the Federal Assembly of the Russian Federation a draft law, which reflects the revised attitude to the modern means of communication. However, the reaction of the scientific community to this proposal has been extremely contradictive and contained both positive and negative arguments. The aim of the present research is to study the expediency and justification of using the means of electronic communication in the educational institutions, to analyse the criminological problems arising in this field, and to assess the legislative initiatives and opinions of the scientists of different scientific specialties referring to improving the interaction among the educational process participants.
Materials and Methods. The overview analysis of the scientific criminological literature and respective legislation regarding the expediency and justification of using the means of communication for the educational purposes was carried out in the frame of the research. Among the methodological tools there were used the commonly accepted in Russia methods of scientific cognition: general scientific (dialectical method) and specific scientific methods (analysis, synthesis, logical, comparative legal, systemic methods).
Results. In the frame of the research, the analysis of the various scientific opinions on acceptability of using the means of communication for the educational purposes was made. The criminological problems arising in this field and the existing legal regulation were studied, the opinions of scientists of different scientific specialties on this matter were evaluated. The conclusion about the negative effect of the long-term usage of a device on the learner’s academic progression was made, even though it was used for the educational purposes. According to the scientists’ opinion, this dependency can be explained by multitasking: the mobile phones have many applications and functions that naturally lead to frequent switching from one task to another, which happens in the educational process too. This entails worsening the quality of perception of the material. To change the situation, the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) and the Federal Service for Supervision of Education and Science (Rosobrnadzor) have developed the recommendations for the educational institutions and state authorities on reducing the negative impact of mobile devices on learners.
Discussion and Conclusion. The results of the conducted research have led to the conclusion that the total prohibition of the means of communication usage for the educational purposes significantly complicates and slows down the development of learners’ cognitive activity. Moreover, the opinion of some of the researchers about potential threats caused by children having devices in an educational institution does not seem convincing from a criminological point of view, because a smartphone can act as a guaranty of child’s security, the means of communication with his parents and monitoring his movement and condition. The paragraph 3.5.3 of the sanitary rules and norms SP (СП) 2.4.3648-20, which regulates the prohibition of the mobile means of communication usage for the educational purposes at the lessons, should be revised. In our opinion, it should not be the prohibition, but the control over the usage of the electronic devices in the educational process.

38-45 266
Abstract

Introduction. At the present stage of the Russian national statehood development, strengthening the institutions of democracy and civil society remains an important task. One of the efficient ways to solve this problem is to create a highperformance mechanism, which would implement and ensure the fundamental rights and freedoms of a person. It is important for this mechanism to provide the legal stipulation in the current legislation of the Russian Federation and further implementation of the objective and justified restrictions of the rights and freedoms of a person. With regard to the passive suffrage, based on the analysis of the Constitution of the Russian Federation2, such a restriction is expressed in the exclusion of the persons having a criminal record from a number of citizens endowed with this right. The relevance of the paper lies in the need to legally regulate the features of suffrage restriction for the citizens having a criminal record. The work aims to study the eligibility of restricting the passive suffrage due to the candidate’s criminal record, and the limits of such restriction.
Materials and Methods. The normative legal acts regulating the passive suffrage restriction due to the criminal record presence became the materials under the research. A set of methods of scientific cognition, including the dialectical and legalistic methods, as well as the methods of analysis, synthesis, induction and deduction, formed a methodological framework of the research.
Results. The paper substantiates the legal essence of the human and civil rights and freedoms restriction through defining the limits of the person's freedom in society and in the state. In the paper the conclusion is made, that along with the great importance of the human rights and freedoms protection, there exists an urgent need to comply with the legal restriction of these rights to ensure safety of other people and society as a whole. The analysis of the normative legal acts allows us to conclude that the restrictions of passive suffrage are legally stipulated directly in the text of the Constitution of the Russian Federation (Part 3 of art. 32), as well as in the Federal Laws, as referred to in Part 3 of Article 55 of the Constitution of the Russian Federation. Moreover, with regard to the latter set of passive suffrage restrictions, the trend to expand the grounds for them is observed during the last twenty years. Thus, currently a rather wide range of citizens are forfeited the passive suffrage.
Discussion and Conclusion. A specific feature of the Russian suffrage is its constant transformation caused by the changing political situation. The suffrage is actively developing and improving with rely on studying the scientific concepts of the constitutional scholars and proposals of the practitioners in organisation of the elections. However, there are still many issues that require scientific reflection and further legislative stipulation. It is proposed to focus on the problem of restricting the passive suffrage for a citizen for the reason of him having a criminal record



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