Institute of Administrative Responsibility of Minors in Russia

The monograph examines the features of the institute of administrative responsibility of minors in the Russian Federation, gives a general description of this institution, examines the concept, legal nature, features of this institution, classifies punishments applied to adolescents, and considers judicial practice. Special attention is paid to the proceedings in cases of administrative offenses of minors, the legal status of the commission on juvenile affairs and protection of their rights is investigated, the features of prosecutorial supervision in the proceedings of cases of administrative offenses of minors are considered. In conclusion, conclusions are drawn and recommendations for improving the current Russian legislation are proposed. For a wide range of readers interested in the issues of administrative responsibility of minors. It can be useful for students, postgraduates and teachers of law schools.

Problems of legal regulation of a marriage agreement in the Russian Federation

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

Digital profile: the concept, regulatory mechanisms and enforcement problems

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

Compensating a Legal Person for Moral Damage in Jordanian Law

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.

A Review of the Criminal Procedure System and its Causes A Model Study on the Arab Countries

Reconsideration is one of the methods of extraordinary objection to the final judgments, i.e. those that have acquired the authority of the res judicata and become unobjectionable by appeal or cassation, and it is one of the regular means granted to litigants by virtue of which they can file a lawsuit for the damage they have suffered as a result of a judgment or decision. In their interest, and in this sense, it is a license granted by the system to the litigants to show the defects of the judgment issued in the case and to demand the competent judiciary to cancel it or amend it in a way that removes its defects. Some laws and regulations in Arab countries call it reconsideration, others petition, and the other retrial. With these different names, it became clear to the researcher, after studying these means, especially in the statutory reasons and justifications that their existence requires to object accordingly to reconsider a decision or a judicial ruling issued in the interest of the objector to obtain a decision or a judicial ruling in his favor, and he found that there is a problem in some of them, which It lies in the fact that only the litigants have the right to use it, so no objection is accepted from another person who is not a party to the lawsuit. Therefore, the researcher in this study will shed light on it through the use of the inductive and descriptive approach in order to show its importance in achieving judicial justice, which guarantees the litigants to resolve the dispute between them by reconsidering the final ruling, in order to arrive at a new ruling that expresses the desired truth, and he divided it into two sections, The first is a definition of the concept of reviewing the system of criminal procedures and its legal nature, and the second of the reasons for which litigants may request a review of the system of criminal procedures based on the final rulings and the legal nature of these reasons.

الطبيعة القانونية للتنبؤ بالجريمة بواسطة الذكاء الاصطناعي ومشروعيته

Predicting a crime before it occurs is not considered unseen, but rather a probable prediction, it may even be probable, concerned with analyzing a large amount of data according to algorithms prepared in advance for this purpose, that modern technology produced by artificial intelligence has had a great impact in aborting crime early. The fight against criminality is a necessary and vital matter that is renewed and developed according to the reality of its society, and the curtain does not fall - at the same time - on the jurisprudential theories that have always lurked with the criminal, sometimes analyzing him psychologically, sometimes socially, and sometimes biologically, in order to assess his criminal seriousness, and apply appropriate measures to prevent his return to crime. Once again, the algorithms - which are the backbone of AI - are taking on the task more precisely, faster, and cost less. However, the novelty of this method has added a kind of ambiguity in determining its legal nature and legality. With regard to the legal nature, we find that they are no more than security measures that are included in the duties of the arresting officers, because the prediction of a crime precedes its commission of course, and therefore no inference or investigation procedures of any kind can be taken regarding it. As for the legality of using artificial intelligence to predict the crime despite its risks affecting the constitutional right to protect personal data, however, those risks are quickly dispelled in the case in which the legislator is involved in enacting criminal protection for that data, as well as granting law enforcement officers the appropriate restrictive authority to be able to activate This new technology aims to reduce crime in the near future.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.