THEORY AND HISTORY OF LAW ENFORCEMENT
The subject of the study is the extrapolation of the main provisions of innovation to the legal form of social existence. The purpose of the article is to disclose and systematize the key elements of understanding law as an innovative system.
Methodology. The methods of conducting this research include the formal logical method, historical and comparative legal methods, the method of systems analysis, the method of abstraction and the method of legal forecasting.
The main scientific results. Since the innovative paradigm of the functioning and development of society, as well as individual spheres of public life is all-encompassing, it is not possible to consider law as just a simple regulator of innovative processes. The authors propose to expand the concept of legal innovation in the direction of seeing in it a reflection of the paradigm of innovative development of law in general and the legal system in particular. In other words, there is a transition to a new phase of development of the systemic-structural, as well as synergetic approach to law.
The paper moves from considering the concept of “legal innovation” as one of the concepts in the family of concepts that reveal the process of updating the law, to considering the law as an innovative system in which the renewal of legal reality in the unity of its normative and technological aspects is placed on the basis of special mechanisms.
Achieving a common understanding of the content and structure of the legal innovation process, as well as the corresponding system, including subjects of innovative legal activity and an institutionalized ecosystem, should be supplemented in the future by modeling the segments of the legal innovation system inherent in lawmaking and law enforcement. Consideration of the relationship between innovation and tradition in law was continued in the formulation of the problem of balancing the innovation process, which means building a relationship between different innovations in the mainstream of synergy.
Conclusion. The development and perception of ideas of legal innovation, fueled by the ideas of law as an innovative system, can have a stimulating effect on the development and deepening of seemingly traditional concepts of law - libertarian, communicative, hermeneutic, etc. Indeed, the condition of the legal innovation process is the freedom of action of the subjects of the legal innovation system, which has legal limits. In turn, the innovation process in law is a special communication environment that requires not only its proper organization, but also study. In addition to the above, new subject fields appear for the application of the hermeneutic concept of law, since any legal innovation is a kind of project that requires understanding and interpretation.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
This article examines the issues of influencing the activities of political parties through the entry of political parties into coalitions, their international interaction, as well as obtaining funding. The paper provides an analysis of federal legislation governing the implementation of the right of political parties to unite, international relations and receive funding, and proposes new mechanisms for monitoring the implementation of the first two of the abovementioned rights.
In this paper, we have considered three potential ways to influence the activities of political parties in the Russian Federation: through the exercise of the right of a political party to a coalition, through the exercise of the right to international relations, as well as direct financing of the activities of political parties.
We found out that today in the Russian Federation there is a mechanism to protect against interference in the activities of political parties in the field of their financing, but there is no mechanism to protect against potential influence on political parties from other political parties, public associations, including foreign ones, as well as international unions and associations As a mechanism for monitoring the implementation of interaction between political parties and other public associations, the preliminary and subsequent control of their relations by the Ministry of Justice of the Russian Federation is proposed.
Also, as a proportionate means of controlling coalition associations of political parties, it is proposed to establish a ban on the creation of associations and unions with other political parties and other public associations without forming a legal entity in the case when they are persons recognized as foreign agents.
Subject. The article examines the challenges of implementing and enforcing industry-specific tax incentives using the example of the IT industry. The specifics of the legal framework governing tax incentives for IT companies, which have undergone significant revisions since 2021, are discussed. Focus is placed on ensuring the availability of instruments providing legal certainty in this area.
The purpose of the study. The aim is to identify existing legal issues that limit the application of tax incentives. With regard to the identified gaps in legislation and suboptimal instruments used in establishing IT incentives, measures are proposed to address the situation and increase legal certainty.
Methodology. The emphasis is placed on using general scientific methods, such as analysis and synthesis, as well as specific scientific methods like the formal legal method and the method of legal modeling.
Conclusions. It is concluded that there are few effective mechanisms in the legislation to address promptly the legal uncertainty arising when implementing tax incentives for IT companies. The legal aspects of the qualification of an IT company established within a group as an artificial structure separated for the purpose of applying tax incentives are discussed. The issue of suboptimal structures for current limitations on income derived from IT activities has been identified, and proposals for resolving this issue have been made, including through improvements to tax legislation.
The sections 1 and 2 were contributed by K.A. Ponomareva (section 2 in collaboration with M.A. Golovanev), sections 2-6 by M.A. Golovanev (section 2 in collaboration with K.A. Ponomareva).
The subject. The norms of Russian legislation governing risk management systems in the implementation of various types of public control.
The purpose of the study is to confirm or refute the hypothesis that different types of public controls affect the tax security of the state, and tax risk management systems should be coordinated in their implementation.
Methodology. The author uses methods of system analysis of scientific papers devoted to the various types of public control. Formal logical and legal interpretation of Russian regulatory legal acts is used also.
The main results. The impact of tax, customs, currency control, AML/CFT control and other types of public control on ensuring the tax security of the state is substantiated. The interrelation of the existing tax risk management systems of the state in Russia in the implementation of these types of control is revealed.
Conclusions. It is necessary to uniformly fix the basic principles of risk management in the regulations governing the grounds and procedures for such public control, ensuring tax security of the state. These principles include: the obligation to identify, assess, and systematize risks and other threats, describe indicators, categorize management objects accordingly, and correlate adopted regulatory and individual legal acts with the goals of preventing the occurrence and/or minimizing of the harmful effects of a particular risk or threat.
The subject of the study is to study the development of digital law issues in the legislation of the Kyrgyz Republic.
Relevance. The relevance of the article is due to the presence of gaps in the field of digital law of the legislation of the Kyrgyz Republic.
The objectives of the article are to analyze the application of digital law in the field of creating the Digital Code of the Kyrgyz Republic and make proposals for its improvement. Methodology. The authors use scientific methods: general methods (analysis, synthesis, induction, deduction, comparison); special methods (legal, formal legal).
Main results. In the process of creating the Digital Code of the Kyrgyz Republic, a number of problems were identified that affect legislation in the field of digitalization, such as: absence, i.e. creation of a codified act aimed at developing the digital economy of the Kyrgyz Republic; clarification and development of separate rules for a specific group of digital relations in the digital environment; determination of a special regulator of changes in the NLA, a body that can make changes to the national legislation; defining the scope of digital ecosystems, digital resources and digital services, between the consumer and suppliers of goods and services; determination of legal relations to foreign persons and stateless persons; consent of the subject of the right to data processing.
Relevant proposals were made: Change the procedure for special regulation of the digital environment and make changes and additions to the Digital Code, including changing the wording of Article 21 “Digital data, digital records and digital resources that are objects of digital interaction”, adding obligations of subjects of legal relations to Article 26 in the digital environment in the form of compliance with legal requirements, in the field of digital ecosystems, detail Article 2, include separate sections in the field of electronic state, electronic commerce, inheritance of digital rights. In the field of digital citizenship, develop a full-fledged program with a detailed description of what digital citizenship is, its capabilities, functions, and software. Additionally, develop and adopt legal acts (in the format of a law) in the field of critical information infrastructure with the designation of objects, subjects, principles of critical infrastructure, security systems, etc. Create a register of critical information infrastructure objects.
Conclusion. Digital law is becoming a key area for improving legislation in the field of information technology, where it needs to be adapted to the existing realities. In the Kyrgyz Republic, a new direction and development of legal regulation on the basis of the draft Digital Code being developed is possible, but at present, sufficient actions are needed for the full functioning of the legislation of the Kyrgyz Republic in the midst of digital transformation.
Subject. The subject of the study is the legal problems of obtaining permission to operate aircraft (operator's certificate) in the field of unmanned aviation.
Purpose. The purpose of the article is to confirm or refute the hypothesis of incomplete compliance of the existing practice of issuing an operator's certificate with the principle of proportionality of mandatory requirements and risks in relation to the use of unmanned aircraft, to develop recommendations for improving the norms governing the process of issuing an operator's certificate when using unmanned aerial vehicles (UAVs).
Methods. The research methods included an analysis of the current state of the existing legal norms governing the process of issuing an operator's certificate when using UAVs, an analysis practices and problems of their application.
Conclusions. According to the results of the study, the authors identify a number of legal problems that hinder the development of the aviation industry with UAVs and create certain risks for the performers of such work:
(1) The presence of norms that are not applicable to the UAV operator (for example, the use of airports, the choice of alternate airfields, the creation of an aviation security service for the operator, the development of an aviation security program, requirements for aviation personnel, etc.);
(2) Legal uncertainty regarding the confirmation of the qualification level of an employee or a person engaged under a civil law contract engaged in work in unmanned aviation;
(3) Limited applicability to unmanned aviation of the forms of documents provided for in Appendix 2 to the Order of the Ministry of Transport dated November 19, 2020 No. 494 (the need to specify the details of certificates of aviation specialists, data on medical examination, information on engineering and technical personnel);
In the end, the authors of the article consider it appropriate to amend the rules for obtaining an operator's certificate for UAV operators with a maximum take-off weight of up to 30 kg.
The subject of the study is the legal regulation of artificial intelligence in Russia, in particular, the specifics of financial and legal regulation of this area. Digital technologies are the driving force behind global changes that affect all levels of human activity and require adaptation to the new conditions of digital reality. The work draws attention to its development and the emergence of types of artificial intelligence, for example, "strong artificial intelligence", the definition of which has been enshrined in legislation. T
he purpose of the study is to consider the specifics of regulating artificial intelligence in Russia by ethical and financial and legal norms.
Methodology. Both general scientific and special methods were used (for example, formal legal and comparative legal methods), which made it possible to comprehensively study the selected issues.
Main results. The article emphasizes the importance of the limits of legal regulation in the field of artificial intelligence. Disputes arising in connection with the introduction of artificial intelligence technologies in the sphere of banking relations are understood, gaps in legislation are identified. The article pays special attention to the issues of financial and legal regulation of artificial intelligence technologies, measures of financial support for such technologies. Aspects of financial incentives are analyzed, gaps in legislation related to support for small and medium-sized businesses are identified. Conclusions. The problem of ethical and financial and legal regulation of artificial intelligence has received broad consideration, which made it possible to identify a set of problems and formulate ways to solve them, and also set a new vector for future research on this topic.
The subject. The All-Russian sports federations, professional leagues, and the Russian AntiDoping Agency (RUSADA) are legally endowed with the rights to create jurisdictional bodies for the mandatory pre-trial settlement of disputes in sports arising between subjects of professional sports and high-performance sports. The listed sports organizations independently develop and approve the procedural rules used in the procedures for the settlement of these disputes, including setting certain standards of proof. The latter can both be literally reflected in the provisions of the regulations of sports organizations without special detail, and expressed in norms that oblige the jurisdictional body to a certain analysis of evidence and justification based on such a decision.
The purpose of the study. To analyze the regulations of the all-Russian sports federations, professional leagues, and RUSADA, and highlight several key features of securing the freedom of collection and evaluation of evidence for jurisdictional bodies, both provided by the parties and received at the initiative of such bodies.
Methodology. The regulatory norms of the Russian Football Union were used as a representative legal experience, as methods of analysis and comparison are used.
The main results of research and the field of their application. Having analyzed the regulations of the all-Russian sports federations, professional leagues, and RUSADA, the authors identified many key features of securing the freedom of collection and evaluation of evidence for jurisdictional bodies, both provided by the parties and received at the initiative of such bodies.
Conclusions. The specifics of regulation by sports organizations and the freedom to collect and evaluate evidence by jurisdictional organizations allow us to see their rule-making approaches regarding the use of standards of proof.
THE LAW ENFORCEMENT BY LOCAL AUTHORITIES
The article summarizes the main trends in the field of participation of local governments in making urban planning solutions. Based on a review of scientific literature, the author clarifies the term “urban planning solution” and reveals its internal structural contradiction, which allows participants of urban planning relations to invest in it content that is beneficial for themselves. By highlighting two leading directions in urban planning – functional and social, the author seeks to find a common basis that allows us to remove the deep contradictions in the relations between developers and the population that underlie urban conflicts. The author is trying to solve a pressing social and organizational-legal problem, how to harmonize the interests of the main participants in urban planning relations – the population, authorities and developers? To answer this question, the author analyzes the criteria for making urban planning decisions, noting the internal differences between them. The purpose of the article is to develop a procedure for making a socially justified and comprehensive urban planning decision, which will optimize the operation of the criteria for making urban planning decisions and achieve consensus between the main participants. Based on a generalization of the practice of interaction between participants in urban planning relations, the author identifies types of urban planning solutions and substantiates the criteria for their quality. Based on the identified structure for making urban planning solutions, the author identifies the main problem points that separate the positions of the population and local authorities and impede the establishment of harmonious urban planning relations. The main types of urban planning solutions are identified, providing for the participation of local governments, from the list of which construction permits are especially highlighted, and factors influencing the choice of one or another type of urban planning solution are highlighted. The requirement for comprehensiveness in making urban planning solutions is substantiated. The final part presents an algorithm for making an effective urban planning solutions.
The article analyzes the approaches of the federal legislator to determining the status of a city in the context of territorial and organizational foundations of local government activities in the Russian Federation based on the identification of trends in the development of legislation on the organization of public authority in Russian cities. At the current stage of development, there is a search for an optimal model for organizing a unified system of public authority and determining strategic guidelines for sustainable spatial development, which is reflected in discussions at the level of the expert community and at the level of drafting bills on urban space management. The issue of the structure of public authorities and the delineation of powers acquires new content when forming urban districts with intra-city division and intra-city districts. Based on the experience of organizing and operating urban districts with intra-city division, the problems and prospects of this approach to territorial planning and organizing public authority are identified.
The purpose of the work is to identify the optimal approach to the relationship between the balance of public and private interests in organizing public authority in Russian cities and an effective approach to determining the list of “urban issues”. In this aspect, the issue of more effective delineation of powers between different levels of public authority comes to the forefront in order to maintain a unified urban policy in the sphere of ensuring sustainable spatial development of the Russian Federation.
The main research methods are comparative legal and formal legal. They were used to analyze and compare regulatory acts and proposed projects.
The main results. The author concludes that it is necessary to amend Russian legislation on the organization of public authorities in cities. The effectiveness of urban development depends on many factors, among which the primary ones are clear legal instruments for managing urban space and legal regulation of future socio-economic development based on the use of new technologies of strategic planning at different territorial levels of governance.
The subject. In the 20th century the problems of urbanization began to be discussed at the international level. In the early of the present century the international community moved to develop standards for human rights in cities. At the same time, special attention was given to the right to the city. The article is devoted to the analysis of foreign legislation and law enforcement of the right to the city. Examples of states in which the right to the city has been reflected in legislation, as well as states in which the right to the city has been recognized through judicial decisions, are discussed separately.
Only a few studies can be found in Russian legal science, which fragmentarily analyzed the experience of foreign countries (primarily Brazil) in terms of the consolidation and recognition of the right to the city. Therefore, the purpose of the article is to summarize comparative legal approaches in interpreting the right to the city, as well as to identify differences in them.
The methodology of the study includes general scientific methods of cognition (methods of analysis, system approach, deduction and induction), special methods of cognition (comparative-legal, formal-legal) and method of interdisciplinary research.
The main results. The right to the city has been legislated in the states of South and Central America. This is explained by two reasons: the high level of urban population and false urbanization. Three states were chosen for the study: Ecuador, Brazil and Mexico. The right to the city has obtained the status of a constitutional right in Ecuador. In Brazil the foundations for the right to the city were laid at the constitutional level. However, it was set forth in a separate law – the City Statute of 2001. It is noted that the right has not become declarative. It has had a significant impact on urban planning regulation and the protection of the rights of citizens. The right to the city is considered as one of the principles of urban planning policy in Mexico and was established in Constitution of Mexico City.
It is also analyzed the experience of states in which the right to the city has not been formalized. South Africa and India, where the right to the city has actually been recognized by the courts in resolving housing disputes, are selected as examples. This allowed the author to state that even in the absence of formalization, the idea of the right to the city can be used to protect the rights of citizens.
the possibility of application of the right to the city in the states of Europe and North America, the author notes the widespread use of the other approach to the protection of the rights of the urban population – the concept of “human rights in the city”. However, the author provides arguments in favor of the right to the city and states that the foundations for its development in the states of Europe and North America are laid by the European Charter for the Safeguarding of Human Rights in the City.
THE LAW ENFORCEMENT IN PRIVATE LAW
Introduction. The contract of a simple partnership, on the one hand, has been well known since Roman law, on the other hand, we see that clearly insufficient legal regulation creates gaps. The understanding of the features of the contract in research papers is very differ. The development of legislation providing for the possibility of creating investment partnerships, partnerships for the purpose of participating in regular transportation of passengers and baggage, in the provision of paid services at train stations and bus stations shows the expediency of studying this type of contract. The above creates the need for a deeper study of the features of the contract in order to identify the features of its application in civil turnover.
Goal. The purpose of the study is to identify the features of a simple partnership agreement that affect its legal qualification and law enforcement. Methodology. In the course of the research, methods of generalization, description, analysis, synthesis, comparative, historical and formal legal methods were used.
Results. A simple partnership agreement is a multilateral transaction, the participants of which are not divided into active and passive parties. Their wills are co-directed to achieve a certain economic result. The contract of a simple partnership is organizational, since its content consists of the rights and obligations for interaction, information, and the procedure for carrying out the activities of the partners, which can be designated as an internal legal relationship of the participants. The contract historically refers to fiduciary, but for investment partnerships, and, de lege ferenda, for business partnerships, the degree of fiduciary is weakening.
THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY
The subject of the study is the specifics of the qualification of crimes in the field of computer information and measures to counter them. The purpose of the study is to examine the specifics of the qualification of crimes in the field of computer information and to develop effective measures to counter them. Research methodology. Along with the universal method of cognition, general scientific and private scientific methods were used: first of all, the statistical method, system-structural analysis, analytical research. This made it possible to comprehensively investigate the specifics of the qualification of crimes in the field of computer information and identify measures to counter them. Scientific results of the study. It has been established that recently there has been an increase in crimes committed in the field of computer information and (or) using information and telecommunication networks. In 2023, the share increased from 26.5% to 34.8% compared to the previous year. More than half of such crimes (50.6%) belong to the categories of grave and especially grave. It is determined that criminal liability for crimes committed in the field of computer information is established in Chapter 28 of the Criminal Code of the Russian Federation "Crimes in the field of computer information", for crimes committed using information and telecommunication networks - in art. 105; 110; 110.1; 110.2; 111; 112; 115; 116; 117; 119; 126; 127; 127.2; 128.1; 133; 137; 151.2; 159.6; 171.2; 185.3; 205.2; 222; 222.1; 228.1; 230; 238.1; 242; 242.1; 242.2; 245; 258.1; 260.1; 280; 280.1; 280.4; 282; 354.1 The Criminal Code of the Russian Federation, containing a qualifying The attribute is an information and telecommunication network. The classification of this feature as qualifying is based on the degree of public danger of the crime. But there is a varying degree of public danger of these acts. In some formations, the commission of a crime using information and telecommunication networks is a qualified type (art. 110, 110.2, 128.1, 151.2, 205.2, 228.1, 230, 242.1, 242.2, 245, 258.1, 260.1, 280, 280.1, 280.4 of the Criminal Code of the Russian Federation), in others – especially qualified (art. 110.1, 133, 137, 222, 222.1, 242 159.6, 171.2, 185.3, 238.1 of the Criminal Code of the Russian Federation). It is noted that this feature raises questions when qualifying, for example, when identifying an organized group that commits criminal acts using information and telecommunications networks, including the Internet; distinguishing from other crimes. As measures to counteract crimes committed in the field of computer information and (or) using information and telecommunication networks, including the Internet, it is proposed: to develop a concept of economic development to overcome poverty; to instill a culture of using digital technologies, to form positive value orientations; to develop a Concept of crime prevention, in which it is necessary to devote a separate section on these criminal acts; develop a national plan to counter these crimes; to increase the equipment of law enforcement agencies; to create specialized units for countering cybercrime in the structure of the Ministry of Internal Affairs of the Russian Federation, etc. Conclusions about the achievement of the purpose of this study. In the conducted research, the problems of qualification of crimes in the field of computer information are identified and counteraction measures are proposed.
THE LAW ENFORCEMENT BY THE JUDGES
The subject. The author explores the current theoretical problems of Russian legislation governing the interrogation of a witness by a notary.
Methodology. In the course of the research, formal legal and systematic methods of interpretation of current legal norms were used.
Main results and conclusions. The conducted research and analysis of legal norms allow us to form a critical approach to the model of witness interrogation by a notary that exists in the legislation of the Russian Federation. The author proposes to amend the legislation in terms of granting the notary the right to interrogate a witness only in the absence of a dispute in court. The article provides a correlation between the provisions of the Fundamentals of Legislation on Notaries dated February 11, 1993, which establish the possibility for a notary to interrogate a witness in order to give such testimony evidentiary value in resolving civil disputes in court, and the norms of the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation on securing evidence by the court. The testimony of a witness obtained from a notary in order to provide evidence is accepted by the courts as appropriate and admissible evidence in the case, even if it was obtained after the initiation of proceedings in court.
THE LAW ENFORCEMENT IN INTERNATIONAL LAW
The Subject of research is the legal regulation of statistical activities in the European Union (the EU) and the Eurasian Economic Union (the EAEU) in the context of the organizational mechanism of statistical activities.
The purpose of research is the analysis of the main characteristics of organizational mechanisms of statistical activities, the prospects and problems of law enforcement in the field of statistical activity of integration associations.
The research methods include both theoretical (analysis, synthesis, deduction, induction, analogy) and special legal methods of cognition (formal legal and comparative legal).
The main results and the scope of application. Provisions for implementation of organization of statistical activities are reflected in the primary treaties of both the EU and the EAEU. The both integration associations have similar principles lying on basis of regulation of statistical activities, including the organization of the mechanism of interaction between national competent authorities and supranational bodies of integration associations. However, regulation at the level of secondary law complements the norms of primary law and the principles to varying degrees.
In the framework of the legal support for statistical activities, the focus of the EAEU, in contrast to the EU, is on the development of legal instruments for its implementation due in particular to the fact that the EAEU covers much fewer spheres than the EU. At the same time, both the EU and the EAEU face problems of law enforcement which come from the lack of a unified reporting methodology, the desire of states to maintain sovereignty.
Nowadays statistical activities are carried out separately within the framework of sectoral legal acts, but the digitalization has a potential to bring a greater unification of the regulation of statistical activities within each of the integration associations.
SCIENTIFIC LIFE
The monograph of the prominent Russian constitutionalist Yuri Skuratov "Problems of State and Legal Development of Russia: Scientist's View and Practice. Selected Works" (Moscow, Gubkin Russian State University of Oil and Gas Publ., 2023. 637 p.). The book is a systematized collection of the most significant articles by Y.I. Skuratov from different periods of his scientific and practical activity (as the Prosecutor General of the Russian Federation). The book is timed to coincide with the 30th anniversary of the Constitution of the Russian Federation and the 70th anniversary of the author, is the fruit of his many years of scientific and practical experience. Y.I. Skuratov shares the concepts of Eurasianism as a methodology and doctrine that is important for Russian statehood and the implementation of the principle of continuity in science, legislation, and law enforcement.
The following methods are used: historical, chronological, sociological, comparative, formal legal, as well as such paired categories of dialectics as content and form, cause and effect, continuity and discretion, continuity and negation, essence and phenomenon, objective and subjective.
The concept of the multinational Russian nation formulated by the author of the book is very promising. The review criticizes the lack of analysis of the migration problem in Yuri Skuratov's book. The book does not touch upon the question of adjusting the teaching of Eurasianism, which arose a hundred years ago, with modern realities, including the negative realities of modern migration policy.
ISSN 2658-4050 (Online)