Law and order
Reference:
Mironchik, A.S., Kachina, N.V. (2024). On the issue of the concept of a single continuous violent sexual crime. Law and Politics, 12, 1–15. https://doi.org/10.7256/2454-0706.2024.12.72497
Abstract:
The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.
Keywords:
sexual freedom, multiplicity of victims, identity of actions, common intention, violent actions, rape, violent sexual crime, set of crimes, single continuing crime, sexual inviolability
Legal and political thought
Reference:
Korzhenyak, A.M. (2024). From Bentham to Hart: Dynamics of Development of Juspositivism Key Ideas in the English-Speaking World (XIX - XXI Centuries). Law and Politics, 12, 16–47. https://doi.org/10.7256/2454-0706.2024.12.69574
Abstract:
This article analyzes the peculiarities of the development of legal positivism (juspositivism) in the countries of the Anglo-Saxon legal family. This approach to legal understanding was developed by professional lawyers and reflects the specifics of their legal consciousness focused on the study of positive law and its practical implementation. The key concepts defining the historical trajectory and problem field of legal positivism in the Anglo-American tradition, namely the legal teachings of Thomas Hobbes, David Hume, Jeremy Bentham, John Austin, Matthew Hale, William Blackstone, John William Salmond, William Jethro Brown, Herbert Hart are explored. As a result of the research the author made the following conclusions. The theoretical basis of the “first” legal positivism in England was largely laid by the political-legal teachings of T. Hobbes, in which it is possible to identify some common features with the legal concepts formulated by J. Bentham. The methodological basis for the British theories of legal positivism can be found in the concept developed by D. Hume. It presupposes the separation of two spheres: that which ought to be (“proper”) and that which is in effect (“essence”). At the same time, it is argued that the object of cognition and scientific research should be only the area of “essence”. The peculiarities of the genesis of the key institutions in the family of common (precedent) law determine the directions of the development of juspositivism concepts in the Anglo-American tradition. However, it is important to fix the special manifestations peculiar to “common law” and ways of adapting them to the provisions and principles of analytical jurisprudence. The paper also provides a brief overview of selected criticisms of Herbert Hart’s positivist project by John Finnis, Joseph Raz, Neil McCormick, and some other representatives of contemporary analytic jurisprudence.
Keywords:
John Austin, Jeremy Bentham, analytical jurisprudence, legal consciousness, command concept, Anglo-American tradition, legal positivism, philosophy of law, Herbert Hart, post-Hartian juspositivism
Transformation of legal and political systems
Reference:
Akhmadova , M.A. (2024). Legal regulation in the field of intellectual property as a factor in the growth or inhibition of the development of technological entrepreneurship. Law and Politics, 12, 48–64. https://doi.org/10.7256/2454-0706.2024.12.71781
Abstract:
The subject of the research in this article is the improvement of the legal regulation of intellectual property in order to ensure breakthrough scientific and technological development by stimulating the development of technological entrepreneurship in the context of the transition of the Russian economy to an innovative path of development. The share of intellectual property in the global economy is growing rapidly and, according to experts, by 2030 it will approach 30% of global GDP. This determines the need for optimal legal regulation of the field of intellectual property, designed to "create" business interest in increasing its knowledge intensity indicators and taking into account new political and economic realities. The focus of the author's attention is also on issues related to the difficulties of commercialization of intellectual property objects under legal protection, the tools developed and implemented by the regulator in order to find a balanced legal regulation of the sphere of legal relations under study are considered. The novelty of the research lies in the formulation of the problem, approaches to its study. The author concludes that in conditions of ensuring technological sovereignty and building an innovative economy, one of the strategic tasks of the state is to stimulate business to create, protect and introduce intellectual property objects into civil circulation. Relevant state authorities are implementing appropriate measures, expressed in conducting legal experiments, pilots to test new or significantly improved mechanisms to stimulate the commercialization of intellectual property results. The author notes that this process should also be reflected in the modernization of the regulatory legal framework, the prerequisites for this are, among other things, the results of the approbation of a legal experiment on complex expert and analytical support of developments from the planning stage to the release of innovative products.
Keywords:
critical technologies, sanctions, legal experiment, patent, patent box, technological sovereignty, intellectual property, technology transfer, technological entrepreneurship, innovation
Law and order
Reference:
Musienko , N.S. (2024). Evaluative features in the composition of crimes against public (general) security: a modern concept of their use. Law and Politics, 12, 65–78. https://doi.org/10.7256/2454-0706.2024.12.72798
Abstract:
The paper examines the evaluative features of the crimes against public (general) safety. In the context of a large-scale perpetration of the said crimes, taking into account of their social danger, for a clear understanding of their content of the features, it seems necessary to study the evaluative categories of these crimes. The author touched upon the features of crimes against public (general) safety as an independent crime's group, and also illustrated the use of evaluative categories in the compositions of these crimes both at the legislative and law enforcement levels. Based on the results of the study, a number of conclusions are made. In particular, it was found that when constructing the compositions of crimes against public (general) safety, evaluative features are used to describe the subject, socially dangerous act and its consequences, method, object used as a tool, special subject and purpose. It was determined that the most extensive and diverse use of evaluative features in the designated compositions of crimes takes place when describing such a mandatory feature of the objective side as a socially dangerous act. The author noted that a number of evaluative features in the crimes against public (general) security received authentic and judicial interpretation. The first is presented in the notes to the relevant articles of the Criminal Code of the Russian Federation, the second - in the resolutions of the Plenum of the Supreme Court. In conducting the study, the author also noted that the evaluative categories in relation to the analyzed group of crimes were used not only in constructing the model of the crime, but also in regulating special types of exemption from criminal liability.
Keywords:
interpretation, interpretation of the law, release, criminal liability, crime, model of corpus delicti, features, public safety, corpus delicti, evaluative features
Law and order
Reference:
Chagina, E.M. (2024). Misleading as a form of unfair competition. Law and Politics, 12, 79–89. https://doi.org/10.7256/2454-0706.2024.12.72692
Abstract:
Protection of competition is one of the foundations of the Russian constitutional order, which determines the existence of a general prohibition on unfair competition in legislation. Unfair competition can take various forms, one of which is misleading. This study examines the signs of unfair competition through deception, including the subjects targeted by such actions, the objects in respect of which deception is carried out. The article also examines the problem of distinguishing unfair competition through misleading and related offenses, such as consumer deception, which is expressed in misleading consumers about the properties and quality of goods, failure to provide consumers with reliable information about the product or its manufacturer, seller, as well as violations of advertising legislation. The methodological basis of the research consists of both general methods (analysis, synthesis, logical method, etc.) and special methods of cognition (for example, the method of analysis and interpretation of normative legal acts). As a result of the research, the author concludes that unfair competition through deception is aimed not only at influencing the process of selling goods, but also at gaining an advantage in the market compared to competing entities. This circumstance does not depend on who the deception is aimed at: the counterparties of the person, the competing entities, or the consumers of the goods. The purpose of the act of unfair competition determines its separation from violations of the rights of consumer citizens, which are aimed at influencing consumer behavior when concluding a purchase and sale agreement. Also, these violations have various objects of encroachment. In turn, violation of the legislation on advertising can be considered as one of the forms of unfair competition by misleading in the case when the information disseminated in advertising meets the criteria of unfair competition.
Keywords:
judicial practice, legal liability, Federal Antimonopoly Service, advertising legislation, consumer protection, civil law, misleading, unfair competition, competition, competition law
State institutions and legal systems
Reference:
Burtseva, S.S. (2024). Recognition of legal norms as unconstitutional as a form of overcoming legal uncertainty. Law and Politics, 12, 90–99. https://doi.org/10.7256/2454-0706.2024.12.72369
Abstract:
The subject of the research is the study of overcoming the legal uncertainty of legal norms by recognizing them as unconstitutional as a result of the implementation of constitutional judicial review. The author considers the role of recognizing legal norms as unconstitutional for the state of legal certainty, the consequences of implementing the considered form of activity of the Constitutional Court of the Russian Federation, designated in the practice of constitutional justice, situations that clearly entail recognition of legal norms as inconsistent with the Constitution, as well as methods of achieving legal certainty. The study is based on the established practice of the constitutional review body of Russia in the administration of constitutional justice, its analysis from the point of view of the idea of legal certainty and other guiding legal ideas, as well as the opinions and positions of leading political scientists on the issue under consideration. This study uses general scientific (analytical, statistical) and special (formal-legal) research methods. The study has established that recognizing legal norms as unconstitutional is a radical way to overcome legal uncertainty, which is associated with the consequences of decisions of Constitutional Court of the Russian Federation. In addition, based on the practice of constitutional justice, groups of situations are defined in which the application of the method under consideration becomes inevitable, and methods implemented by the Constitutional Court of the Russian Federation are identified that facilitate the achievement of legal certainty (for example, addressing the legislator with instructions on future legal regulation, establishing measures for the implementation of decrees recognizing norms as unconstitutional). The author also raises the problem of maintaining the effect of legal regulation recognized as unconstitutional, as well as the problem of enforcing decisions recognizing legal norms as unconstitutional, in connection with requests from judicial bodies.
Keywords:
norm control, uncertainty, Constitutional Court of the Russian Federation, constitutional justice, Constitution of the Russian Federation, constitutionality, defect in law, legal certainty, principle of law, verification of norms
Transformation of legal and political systems
Reference:
Chereshneva, I.A. (2024). Using the potential of territories with a special regime of entrepreneurial activities for the needs of the Russian military-industrial complex. Law and Politics, 12, 100–109. https://doi.org/10.7256/2454-0706.2024.12.72677
Abstract:
The economy, being a field where there is a constant rivalry of economic agents, in this perspective is not alien to military science (in a broad sense), therefore the use of economic means for the development of the Russian military-industrial complex seems to be reasonable. From this point it is advisable to present an entrepreneurial and legal view of the development of the Russian military-industrial complex, illustrated by territories with a special regime of entrepreneurial activities, namely: the military innovative technopolis "Era" of the Ministry of Defense of the Russian Federation (hereinafter VIT "Era"). The following methods of scientific cognition were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. In the course of the conducted research, the author comes to the following conclusions: 1) VIT "Era" is considered as the type of territories with a special protective regime of entrepreneurial activities, and its essence is the formula "Defense&Innovations"; 2) there is an objective need to use a systematic approach to both the legal regulation of innovation activities and relations in the field of territories with a special regime of entrepreneurial activities, including the potential for the creation of new similar to VIT "Era" institutions, which will require a clear legal framework; 3) VIT "Era" represents the implementation of the cluster approach, refracted through a "military" prism, which is a key element ensuring the effective functioning of territories with a special regime of entrepreneurial activities.
Keywords:
the cluster approach, Innovation center, scientific and technological activities, ensuring the country's defense, innovations, military-industrial complex, special business regime, the territorial aspect of entrepreneurship, military technopolis, VIT Era
International relations: interaction systems
Reference:
Ismailov , S. (2024). The Russian language as a factor of Russia's soft power in the Arab world using the examples of the UAE and Morocco. Law and Politics, 12, 110–122. https://doi.org/10.7256/2454-0706.2024.12.72355
Abstract:
The subject of the research is the study of the Russian language as a source of Russia's soft power in the Arab world using the examples of the United Arab Emirates and the Kingdom of Morocco. Being a strong instrument of soft power, the spread of the Russian language can help Russia attract investment, tourism, the best minds of the planet, as well as promote a positive image of the Russian Federation in the world. The purpose of the study is to analyze the effectiveness of the Russian language as an instrument of Russia's soft power in the Arab region using the examples of the UAE and Morocco. The objectives of the study are to collect and analyze information from respondents from the United Arab Emirates and the Kingdom of Morocco, respectively; to conduct a comparative analysis between data obtained from Morocco and the UAE; to create pie and bar charts to simplify the understanding and analysis of the information collected. The study used social survey methods, for which circular and bar charts were used to analyze responses. A comparative analysis method was also used to study how the spread of the Russian language differs in Morocco and the UAE, respectively. The scientific novelty of the article is the fact that the Russian language is insufficiently studied as an instrument of Russia's soft power in the Arab world. Russian is a strong source of Russia's soft power in Morocco and the UAE, as the majority of respondents stated that they had thought about learning Russian, as it is an important language of peace and diplomacy. Also, the majority of respondents stressed that the Russian language can be useful to them both in professional and academic fields. In addition, the vast majority of respondents in both countries stated that they associate the Russian language as a tool for cultural exchange and communication. It is important to note that the author also came to the conclusion that the institutions of the Russian language are much more developed in the UAE than in Morocco
Keywords:
Communications, Culture, Institutions, Education, Morocco, UAE, Soft power, Russian language, Politics, Cultural relations
International relations: interaction systems
Reference:
Ismailov , S. (2024). Comparative Analysis of American and Russian Types of Soft Power in the Arab Region On the Example of the Kingdom of Morocco. Law and Politics, 12, 123–131. https://doi.org/10.7256/2454-0706.2024.12.72695
Abstract:
The article is devoted to the study of American and Russian types of soft power in the Arab world using the example of the Kingdom of Morocco. Introducing the concept of "soft power" in political science, American political scientist Joseph Nye filled this term with the liberal values such as democracy, freedom of speech, individualism, secularism, and so on. However, the concept of soft power is more of a socially constructed concept than a Western liberal one, since soft power is based on attractiveness, and the values and ideas themselves that can attract are not identical throughout the world. For example, Russian soft power consists of such values as respect for the feelings of believers, a ban on LGBT propaganda, and anti-colonialism. The author concludes that liberal ideas that form the soft power of the United States do not find support in Moroccan society, where the values of social harmony and religion are put at the forefront. Also, American educational institutions often ignore the needs of Moroccan society, as many of them do not teach Islamic and Arabic studies, which are the cornerstone of Moroccan society. In addition, Washington's constant support for the state of Israel in the conflict with Palestine also causes disappointment among Moroccans. Compared with the American model of soft power, the Russian type of soft power seems attractive to Moroccans due to the protection of religious feelings, traditional relations, family values, and support for the recognition of the state of Palestine. In conducting the study, the authors used standardized individual interview methods to obtain and analyze information and basic data. In addition, control interviews were conducted to clarify the information. The comparative analysis method was used to study the information and summarize the main conclusions of the article.
Keywords:
Arab world, Religion, Studies, Society, Values, Morocco, Russia, USA, Soft power, Development
XXI century International law
Reference:
Grigorev, I.V. (2024). International legal regulation of medical care using telemedicine technologies. Law and Politics, 12, 132–142. https://doi.org/10.7256/2454-0706.2024.12.72522
Abstract:
The implementation of the priority project "Improving the processes of organizing medical care based on the introduction of information technologies" for 2016-2025 revealed the need for a scientific analysis of the features of international legal regulation of medical care using telemedicine technologies. The subject of the study is normative and methodological sources defining the rights and obligations in the field of medical care with the use of telemedicine technologies, as well as mechanisms for their implementation. The author presents a classification of international sources on the provision of medical care using telemedicine technologies, depending on their legal force and the subject-territorial scope of international sources. The international acts concluded within the framework of the Commonwealth of Independent States are analyzed in detail. Special attention is paid to the sources adopted by the International Labour Organization and the World Health Organization. The methodological basis of the research consists of general scientific methods of system analysis and generalization of normative, scientific and practical materials; private scientific methods – comparative jurisprudence, logical, technical and legal and others. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the features of international legal regulation of medical care using telemedicine technologies. The main conclusions of the conducted research are the unresolved nature of many legal issues in the regulation of relations for the provision of medical care using telemedicine technologies. In particular, the prescriptions of the CIS Model Law of 2010 "On Telemedicine Services" have not been consolidated in the norms of national legislation, the issues of telemedicine of the bilateral Agreement dated January 24, 2006 "On the procedure for providing medical care to citizens of the Russian Federation in healthcare institutions of the Republic of Belarus and citizens of the Republic of Belarus in healthcare institutions of the Russian Federation" and others have not been finally resolved. Among the most significant results is the conclusion about giving normative meanings to documents of the World Health Organization that do not have signs of normativity (research results, reports, strategies).
Keywords:
World Health Organization, International Labour Organization, The Commonwealth of Independent States, The model law, international regulations, international agreement, health protection, telemedicine technologies, telemedicine, medical care