Договор и обязательства
Reference:
Chagina, E.M. (2025). The rights and obligations of the owner of the aggregator of information about goods and services in relations with the consumer. Legal Studies, 1, 1–13. https://doi.org/10.25136/2409-7136.2025.1.72691
Abstract:
The development of digital technologies and the emergence of large Internet platforms that allow consumers to choose and purchase goods and services, aggregators of information about goods and (or) services, makes the issue of regulating the activities of these entities relevant precisely in terms of their interaction with consumers. It is no secret that when making a purchase and sale agreement or providing paid services through an information aggregator, the consumer does not interact directly with the seller or contractor, relying only on the information about the counterparty or the product (service) provided by the information aggregator, which inevitably raises the question of the role of the owner of such an aggregator in legal relations with consumers, his rights and obligations, as well as the limits of his liability for violation of consumer rights. The author of the work has chosen a formal legal method, as well as a method of analysis and interpretation of normative legal acts as the basis of the research methodology. As a result of the research, the author concludes that despite the fact that currently the legislation in the field of consumer protection contains a number of norms regulating the rights and obligations of the owner of the aggregator of information on goods and services in relations with the participation of consumer citizens, the current legal regulation in this area is not without gaps. Thus, attention is drawn to the fact that the existing limitation of liability of the owner of the aggregator of information about goods and services for providing the consumer with false information about the counterparty or about the product or service leads to a violation of the balance in his legal relations with the consumer and insufficient protection of the latter's rights. In this regard, the author makes suggestions for improving the legal regulation.
Keywords:
distant contracts, balance of interests, seller, electronic commerce, consumer rights, consumer protection, legal liability, owner of the aggregator, consumer, civil law
Transformation of legal systems
Reference:
Semenova , I.V. (2025). Legal support for the sustainable development of indigenous minorities of the North, Siberia and the Far East: results and prospects. Legal Studies, 1, 14–28. https://doi.org/10.25136/2409-7136.2025.1.72744
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Abstract:
The article examines the features of the legal regulation of the sustainable development of the indigenous peoples of the North, Siberia and the Far East. Special attention is paid to the Concept of Sustainable development of the indigenous peoples of the North, Siberia and the Far East in the context of updating this document in the near future. The Russian Federation is a multinational state, for which taking into account the traditions, culture and historically established way of life of each people living on its territory is one of the main directions of state policy. The indigenous peoples of the North are a social group that requires additional state support, not only because of their small number, but also because of the difficult climatic conditions of the places where these peoples live. The article considers the configuration of legal regulation in the field of sustainable development of indigenous peoples both in historical retrospect and at the present stage. Special attention is also paid to promising areas of development of state regulation, as well as measures of state support in this area. It is noted that at present the legal regulation of the sustainable development of the indigenous peoples of the North, Siberia and the Far East is at the stage of significant changes. The paper identifies the main differences between the current Concept and the Draft of the future one, concerning the fundamental aspects of policy. In particular, the principle of recognizing the right of the peoples of the North to priority access to fishing grounds and hunting grounds, to biological resources in places of their traditional residence and traditional economic activity, as well as modernization, updating of technical equipment, etc. At the same time, the author draws attention to the need to comply with environmental requirements and respect for nature in the process of implementing new tasks.
Keywords:
principles, modernization, legal regulation, state support, sustainable development, indigenous minorities, concept, multinational state, state policy, modern problems
Law and order
Reference:
Turshin, A.I. (2025). Digital criminal case as a tool for storing electronic/digital evidence. Legal Studies, 1, 29–39. https://doi.org/10.25136/2409-7136.2025.1.73042
Abstract:
Electronic evidence is increasingly being used in criminal cases. The issue of their incorporation and preservation in their original form is urgent. In this regard, the purpose of this work is to substantiate the expediency of switching to a digital criminal case, one of the functions of which should be the storage of electronic evidence. The subject of the research is an electronic criminal case as a tool for storing and handling electronic evidence in criminal proceedings. The object of the study is legal relations related to the processes of storing, verifying and ensuring the immutability of electronic evidence. The author examines the current methods of storing electronic evidence, highlights their disadvantages. The main focus is on analyzing the advantages and disadvantages of resort to the electronic form of criminal proceedings. The main risks and threats of storing electronic evidence in this way are summarized and ways to overcome them are identified. The research is based on scientific publications relevant to the stated topic, regulatory legal acts of the Russian Federation and case law. To achieve this goal, general scientific methods of cognition, the formal legal method, and the method of legal forecasting were used. As a result of the conducted research, the author identified the disadvantages of the applied method of attaching and storing electronic evidence. The portable electronic media used (optical disks and flash drives) are vulnerable to breakage and do not fully protect information from changes. The possibility of switching to the storage of electronic evidence by attaching it to an electronic criminal case is substantiated. It has been established that an electronic criminal case can ensure a high level of safety and immutability of electronic evidence, transparency of storage, minimizes the risk of their loss, and simplifies familiarization with them. The main conclusions of the study confirm that the introduction of an electronic form of a criminal case is able to meet security requirements. However, the author emphasizes that an electronic criminal case should be considered only as a method of preserving and ensuring the reliability of electronic evidence, without becoming a way of giving artificial credibility to obviously unreliable information.
Keywords:
reliability of evidence, digitalization of criminal proceedings, criminal proceedings, proving, familiarization with evidence, electronic evidence, storage of evidence, electronic criminal case, electronic storage media, verification of evidence
Theory
Reference:
Gomonov, N.D., Trush, V.M., Timohov, V.P. (2025). General theory of crime and self-control of behavior. Legal Studies, 1, 40–48. https://doi.org/10.25136/2409-7136.2025.1.73015
Abstract:
The subject of the study is the position of M. Gottfredson and T. Hirschi, expressed within the framework of the general theory of crime and based on the assertion that the level of self-control is determined by parenting techniques, but not by biological and genetic influences. However, genetic and neurobiological studies complement this point of view and show that biogenic factors are also largely responsible for the quality of self-control. The object of the study is the social relations that arose in the process and regarding the explanation of the genesis and subsequent correction of criminal behavior. The authors consider in detail the phenomenon of self-control as one of the elements of an extensive palette of determinants of our behavior. Special attention is paid to the analysis of the activity of the frontal cortex of the brain and related neuropsychological problems that clearly affect the level of self-control of behavior. The methodological basis of the work consists of the laws and categories of dialectical materialism and a historical approach to the interpretation of socio-legal phenomena. The methodology is represented by a set of general scientific and private scientific methods. The main methods of work are extrapolation, comparison and the method of expert assessments. The main conclusion of the study is the criminological interpretation of the results of studies of brain activity before and after psychiatric treatment, which showed a decrease in prefrontal cortex activity and normalization of brain blood flow. Positive changes in brain activity levels corresponded to the adequacy of mental activity. These results demonstrated that rehabilitation programs aimed at cognitive functioning can reduce the activity of delinquent behavior. Cognitive behavioral therapy is one of the most effective programs to reduce recidivism, as it can alter brain activity. The novelty of the research lies in the proposal to use advanced neuroimaging techniques that are able to detect the most minor brain abnormalities. This will make it possible to more clearly understand the mechanisms of the influence of brain function on behavior. The authors believe that criminologists should carefully study the data from brain research and integrate them into theories of the causes of criminal behavior.
Keywords:
neuropsychological problems, genetic influence, biological determinants, self-control, crime, parenting, general theory, frontal cortex, interdisciplinary approach, crime prevention
Transformation of legal systems
Reference:
Pakhomov, V.N. (2025). Expanding the practice of using blockchain technology as part of registration procedures for the protection of copyright objects. Legal Studies, 1, 49–60. https://doi.org/10.25136/2409-7136.2025.1.71538
Abstract:
The subject of the article is the legal forms of using blockchain technology in the framework of registration procedures for the protection of copyright objects. The objects of copyright reveal a creative nature, that is, a combination of signs of originality and uniqueness, which actualizes the search for the most effective mechanisms that would allow combining the possibility of public registration of creative works with their inviolability (immutability). Blockchain technology, which provides a high level of security for information placed within a decentralized data system, allows for the openness and inviolability of information about copyright objects. The article also raises the problem of using blockchain technology to register copyright objects created by joint efforts of humans and artificial intelligence. As a result, a law-making solution is proposed to the issue of distinguishing the results of artificial intelligence and human work when registering created works in public registers of information. Based on the use of a systematic approach and formal legal analysis, the article examines the current aspects of the use of public registers of copyright objects as a form of their registration, facilitating the process of proving facts related to the creation of creative works. The introduction of blockchain technology can significantly change approaches to the legal protection of copyright objects. The creation of a public registry based on this technology will ensure a higher level of transparency and accessibility of information about works, which, in turn, will greatly facilitate the process of proving authorship and rights to use works. However, in order to realize these opportunities, it is necessary to develop appropriate legal mechanisms that take into account the specifics of technologies. The integration of blockchain technologies into the field of copyright can help create a more flexible and adaptive legal environment that will take into account the needs of authors and ensure reliable protection of their creative works in the context of digitalization. As a direction for the development of legislation on the registration of copyrighted works in public registers of information created on the basis of blockchain technology, which are the result of joint human creativity and artificial intelligence technologies, it is proposed to grant the copyright holder of these objects of intellectual property rights the right to indicate his name or title on copies or components of such a work.
Keywords:
copyright, distributed data registry, copyright protection, author's work, intellectual activity, artificial intelligence, blockchain, registration procedures, civil turnover, creativity
History of state and law
Reference:
Sychev, D.A. (2025). Trial by jury in Russia and international experience. Legal Studies, 1, 61–84. https://doi.org/10.25136/2409-7136.2025.1.73109
Abstract:
Criminal proceedings before a jury are the most important constitutional guarantee of citizens' direct participation in the administration of justice. Scientists discover the roots of the jury trial in the 4th century BC in Athens. Subsequently, the jury trial manifested itself in a more developed form in England in 829 A.D. and subsequently spread in one form or another to a number of European countries, including Russia, as well as the United States. The Soviet period of the development of the Russian state was not associated with the development of this institution. However, in the Russian Federation, the jury trial was reborn and returned to domestic criminal proceedings. When writing the article, the author applied a dialectical approach to the study of the phenomenon in its development and constant movement. Thus, the development of the domestic jury trial was traced, taking into account the prerequisites arising from the world experience of its development. The historical method, the method of system analysis and the statistical method were also applied. The main conclusions of the study are the establishment of a link between the emergence of other democratic principles in state building and the emergence of the jury trial. According to the idea of the reformers of the Russian criminal justice system, the jury trial at the apogee of its development should maximize the participation of the popular element in the administration of justice before the crown court, and even more so in a modern democratic society. The functioning of the jury trial is fraught with a number of problems, the main of which is the qualitative potential of the jury and the ability of the public prosecutor to present evidence in their interrelation, on which the fairness of the verdict directly depends. A special contribution of the author to the research of the topic is the introduction into the scientific discourse of rare historical sources that had not previously been found in publications on this topic. The novelty of the research lies in studying the experience of the domestic jury trial from the perspective of the functioning of the prosecutor – public prosecutor in it, analyzing the methodological recommendations of practicing lawyers of the 19th and early 20th centuries in relation to the current stage of development of this institution.
Keywords:
competitiveness of the parties, prosecution, jurors, complicated criminal proceedings, public prosecutor, criminal prosecution, prosecutor, state prosecution, administration of justice, Jury trial