Law and order
Reference:
Shavlovskaya V.V.
Criminal legal model of criminalization of illegal actions in relation to organs and (or) tissues
// Legal Studies.
2024. ¹ 5.
P. 1-7.
DOI: 10.25136/2409-7136.2024.5.70769 EDN: ULBRYN URL: https://en.nbpublish.com/library_read_article.php?id=70769
Abstract:
The work examines some features of criminal liability for actions in relation to human organs and (or) tissues. The author noted that in the context of the need to maintain the “purity” of the qualification of a criminal offense, the need for the timely and correct establishment of a criminal law prohibition in domestic law, there is no stable model for the criminalization of illegal actions in relation to human organs and (or) tissues. In connection with this, the object of study is the social relations that arise in connection with the commission of crimes against human organs and tissues. The subject of the research is Russian modern criminal legislation, foreign criminal legislation, scientific works reflecting the problems raised in the work. Particular attention is paid to the criminal legislation of neighboring countries, since it is there that there are provisions that are interesting from the perspective of the research topic. As a result of the review, the author states that at present there is an urgent need to legislate special rules establishing criminal liability for illegal actions in relation to human organs and tissues. The analysis showed that the current criminal law does not have a stable system for the group of criminal offenses under consideration. Supporting the opinions of most experts in the field of criminal law, the author considers the criminalization of illegal trade in human organs, tissues and cells justified. In addition, the analysis made it possible to develop an abstract criminal law model for the criminalization of illegal actions in relation to organs and (or) tissues, which includes two groups of criminal offenses: crimes related to the manipulation of human organs and tissues; trade in human organs and tissues. At the end of the work, the design of the named model is proposed.
Keywords:
human cells, corpse, person, corpus delicti, legal model, criminalization, tissues, organs, crime, biological materials
Human and state
Reference:
Chetverikov A.O.
Right to digital integrity as a new fundamental human right? Pro et contra
// Legal Studies.
2024. ¹ 5.
P. 8-31.
DOI: 10.25136/2409-7136.2024.5.70798 EDN: AINSRB URL: https://en.nbpublish.com/library_read_article.php?id=70798
Abstract:
The new technological order as well as digitalization (digital transformation) of social life are increasingly influencing the regulatory instruments thereof, giving rise to the emergence of technological (digital) branches of law and legislation («digital law» etc.). Until recently, these changes have left almost unaffected the institution of fundamental human and citizen’s rights and freedoms considered as «technologically neutral», i.e. applicable in every kind of environment, including the digital one. Nevertheless, the things here also changing, as evidenced by introduction into the Constitution of Geneva of a new kind of fundamental right entitled – the «right to digital integrity». The article explores and appraises the arguments for and against (pro et contra) the separate consecration of fundamental digital rights and corresponding fundamental digital duties of the State. The research derives from the combination of common scientific and legal exploratory methods together with an interdisciplinary approach (assessment of relevance of digital constitutionalism). The article provides an overview of global constitutional experience of countries of different continents, where the constitutional provisions containing digital rights (DR) have been proposed or are already in force. Taking as a starting point the Swiss legal provisions, the article presents the right to digital integrity and evaluates the positive and negative consequences of its constitutionalisation. Given, the uncertainty of the effects of the abovementioned constitutional innovation the author points out that it is preferable to consecrate the right to digital integrity in federal States initially at the level of federal entities and only later at the national level, as Switzerland did. The author's special contribution to the research of the topic consists in the identification and comparison of conflicting legal arguments supporting and criticizing the specific consecration of digital rights.
Keywords:
Switzerland, digital rights, digital constitutionnalism, digitalization, federalism, interpretation, case law, fundamental rights, integrity, constitution
Discussion forum
Reference:
Bagreeva E.G.
Dialogues on the moral basis of future lawyers
// Legal Studies.
2024. ¹ 5.
P. 32-47.
DOI: 10.25136/2409-7136.2024.5.70909 EDN: LLIYPG URL: https://en.nbpublish.com/library_read_article.php?id=70909
Abstract:
The subject of the article is the process of teaching students-future lawyers, taking into account the moral component of the profession. The author explores changes in the consciousness and qualities of students, and also offers a methodology for determining the level of legal consciousness through the psychological method "Tree". The object of the study is the behavior, personal and psychological qualities of law students at various stages of education. The article examines the evolution of psychological qualities and behavioral characteristics of law students in the course of studying legal disciplines. Special attention is paid to the relationship between moral values and professional activity. The author analyzes a differentiated approach to teaching legal disciplines to improve the effectiveness of the educational process. Important elements of the work are innovative approaches to assessing the level of legal awareness of students and understanding the influence of psychological factors on their success in future legal practice. The paper analyzes the available works on the problem under consideration, identifies trends characterizing the transformation of the educational process in the preparation of future lawyers. The psychological method "Tree" was also used: more than 400 drawings of university students aged 17-19 years were analyzed. The analysis of the tests showed significant changes in the minds of modern students studying legal disciplines at universities. The teacher's understanding of the individual characteristics of students' legal awareness allows for a differentiated approach to teaching various legal disciplines, which, in turn, increases the effectiveness of the entire educational process. The scientific novelty of the work lies in the fact that for the first time an original legal interpretation of the "Tree" test was proposed in order to blitz-determine the level of legal consciousness of students, their attitude to law and other characterological features. The practical significance is expressed in the fact that the teacher's understanding of the special characteristics of the legal consciousness of law students allows for a differentiated approach to teaching various legal disciplines, which, in turn, increases the effectiveness of the entire educational process.
Keywords:
professional orientation, characteristics, the educational process, training, professional activity, morality, tree, education, lawyers, students
Transformation of legal systems
Reference:
Yakunina A.V.
Definition of State Jurisdiction in the Digital Space
// Legal Studies.
2024. ¹ 5.
P. 48-58.
DOI: 10.25136/2409-7136.2024.5.70681 EDN: LVCBZY URL: https://en.nbpublish.com/library_read_article.php?id=70681
Abstract:
The article examines the evolution of the Internet as an integral component of modern information society and its influence on defining state jurisdiction in the digital space. The author analyzes traditional approaches to understanding state jurisdiction in the Internet space, including the concept of neutral territories with international regimes, analogous to the regime established in Antarctica, in outer space regarding celestial bodies, etc., the concept of limiting state competence to national domain names, as well as the principles of territorial sovereignty, establishment of a global regulatory regime, and the principle of jurisdictional autonomy. Special attention in the article is devoted to ensuring, on the one hand, constant, free, and open access to the network, and on the other hand, protecting users from potential negative consequences. The main methods used in preparing this article are: a set of logical research methods and techniques; methods of analysis and synthesis, deduction, as well as special legal methods. In order to promote a more fair and equal global governance of the digital space and the construction of an information society with a common future in cyberspace, governments of countries should reconsider the traditional model of state governance, as with the development of digital technologies, it has proven to be ineffective, which may lead to even greater resistance from society and the private sector of the economy. Therefore, it is necessary to develop international norms, principles, methods, and standards aimed at effectively regulating the digital space and settling the issue of establishing state jurisdiction in the global network, which will allow finding a balance between public and private security, the efficiency of state governance, and at the same time ensure the protection of digital rights of citizens.
Keywords:
jurisdictional autonomy, digital space, globalization, digitization, network, digital sovereignty, Internet, state borders, state, jurisdiction
Transformation of legal systems
Reference:
Marushina V.A., Chugunov D.K.
On the issue of state policy in the field of personal data protection
// Legal Studies.
2024. ¹ 5.
P. 59-65.
DOI: 10.25136/2409-7136.2024.5.70842 EDN: LTSVRE URL: https://en.nbpublish.com/library_read_article.php?id=70842
Abstract:
The article is devoted to current changes concerning the improvement of legislation in the field of personal data protection. Within the framework of the issue under study, the authors analyzed a number of legislative and subordinate initiatives in order to assess the need to adopt appropriate innovations and their subsequent implementation within the framework of law enforcement. The authors have studied in detail the provisions of draft legal acts, highlighted the issues that require additional specification. The paper considers measures of the state policy of the Russian Federation related to: 1) granting additional powers to law enforcement agencies in terms of access to information systems; 2) establishing requirements for storing information and transmitting it; 3) tightening responsibility for the leakage of personal data; 4) additional ways to ensure the security of Russian information systems, reducing their dependence on foreign services. During the consideration of this issue, the authors used general scientific and private scientific methods, in particular, such as analysis, synthesis, legal forecasting and others. The novelty of the work lies in the study of those changes that are planned to be made to regulatory legal acts in the near future, previously such provisions were not covered in detail in legal science. As a result of the conducted research, conclusions are drawn about the competent approach of the state authorities to the modernization of regulatory regulation in the field of personal data protection in the context of a serious need to ensure the highest quality protection of personal data, while the authors noted some provisions that require improvement by law-making bodies due to the fact that at the moment they are either abstract in nature or enter into force a contradiction with the existing legal norms. It is assumed that in the future, after the introduction of these changes, it will be possible to assess their effectiveness already within the framework of law enforcement.
Keywords:
responsibility, fraud, Russian services, information, sanctions, law enforcement agencies, information systems, protection, government, personal data
Law and order
Reference:
Gorenko M.G., Markov A.A.
Mediation in bribery as a special type of complicity, reflected in Article 291.1 of the Criminal Code of the Russian Federation
// Legal Studies.
2024. ¹ 5.
P. 66-75.
DOI: 10.25136/2409-7136.2024.5.70699 EDN: LQXIYA URL: https://en.nbpublish.com/library_read_article.php?id=70699
Abstract:
The subject of the study is mediation in bribery as a special type of complicity in Article 291.1 of the Criminal Code of the Russian Federation. The authors consider in detail the aspects of its reflection in the specified article of the Special part of the Criminal Code of the Russian Federation, as a circumstance having a specific similarity with the methods of aiding and abetting, regulated in Part 5 of Article 33 of the General Part of the Criminal Code of the Russian Federation. Special attention is paid to the issue under consideration to clarify the meaning and content of the explanations of the Plenum of the Supreme Court of the Russian Federation, to study the opinions of criminologists in the field of criminal law, the rules of the Russian language and to identify the etymology of the origin of the word. The purpose of the work is to analyze the sign of mediation within the framework of Article 291.1 of the Criminal Code of the Russian Federation for its attribution to a special type of complicity that has a genetic connection with the provisions of Part 5 of Article 33 of the Criminal Code of the Russian Federation. The research is based on the universal dialectical method of cognition. In addition, the article uses such general scientific and private scientific methods as analysis, synthesis, analogy, induction, deduction, historical, systemic-structural, formal-legal. The result of the work was the revealed dissonance in the acts of judicial interpretation related to the criminal law assessment of mediation actions carried out in a small amount, within the framework of Articles 204.1 and 291.1 of the Criminal Code of the Russian Federation and Part 5 of Article 184 of the Criminal Code of the Russian Federation. The authors have revealed that mediation in bribery, in essence, is correlated with complicity (within the meaning of Part 5 of Article 33 of the Criminal Code of the Russian Federation). The novelty of the work lies in the fact that it attempts to study mediation in bribery as a special type of complicity in the context of the systemic connection of the General and Special parts of the Criminal Code of the Russian Federation, with proposals for legislative transformation of parts 5 of Articles 33 and 291.1 of the Criminal Code of the Russian Federation. At the end of the article, a conclusion is drawn about the imperfection of the norms on the types of accomplices to a crime regulated in the General Part of the Criminal Code of the Russian Federation. In particular, the list of complicit actions in Part 5 of Article 33 of the Criminal Code of the Russian Federation is closed, but it is more expedient to make it open, which, it seems, may lead to the exclusion of liability for mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation).
Keywords:
bribery, a bribe, the criminal law system, mediation, aiding, an accomplice, special types of accomplices, accomplices of the crime, complicity, corruption