Russian Journal of Legal Studies
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Published By ECO-Vector LLC

2410-7522

2021 ◽  
Vol 8 (3) ◽  
pp. 91-96
Author(s):  
Marina A. Molchanova

In the National Anti-Corruption Plan for 20212024, one of the main tasks is to improve anti-corruption measures in the field of business, including those aimed at increasing the efficiency of interaction between government bodies and the business community on anti-corruption issues. The presented article reveals the main problematic issues in the activities of law enforcement agencies in the field of combating corruption in the economic sector. The author presented statistics and law enforcement practices. Based on the study, the most common violations of anti-corruption laws in corporations were identified. The article emphasizes the need to develop cooperation between law enforcement agencies and organizations in the field of combating corporate corruption, and also identifies the main forms of this activity.


2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.


2021 ◽  
Vol 8 (3) ◽  
pp. 21-26
Author(s):  
Yana V. Gaivoronskaya ◽  
Daria A. Petrova

The purpose of this study is to find evidence of the digital transformation of sociopolitical relations in Russia, and to catalog the emerging trends and problems therewith. Consequent to the study, two main conclusions were drawn. Firstly, not all processes at the current stage of Russian digitalization can be considered trends of digital transformationthe latter are in their early days. Secondly, it is possible to stop the accretion of negative trends currently affecting the digital transformation of public relations. For this, it is necessary to apply the full potential of scientific forecasting methods, and the efforts of the scientific community should be directed toward this end.


2021 ◽  
Vol 8 (3) ◽  
pp. 113-118
Author(s):  
Daria A. Petrova ◽  
Denis V. Mukhalov

The main purpose of this article is to analyze the legal regulation of unmanned vehicles in the world and in Russia. The methodology is founded on various methods and logical techniques of information processing. The principle method is that of analysis: comparative-legal, structural-functional, and formal-legal. The article highlights the growing interest in self-driving vehicles and autonomous control systems in general, as well as the main advantages of using such technologies. It is determined that there is a constant building of capacity within the framework of information systems and technologies, an active search for labor resources, and a constant training of new personnel to expand the segment of autonomous management systems. The article discusses the intention of legislators from a number of states to develop a regulatory framework aimed at ensuring the testing of unmanned vehicles and their access to public roads, as well as the creation of entire networks of unmanned vehicles that can relieve the transport system and improve the economic and environmental well-being of the population. Within the framework of Russian realities, various government initiatives, initiatives of the President of the Russian Federation, and attempts to regulate unmanned vehicles at the legislative level are being considered. The authors have concluded that the issue of unmanned vehicle use, as well as the legal regulation of such vehicle use is on the agenda of many states. Russias achievements in the framework of the issue are highlighted separately. The question of the emergence of two models for the development of legal regulation of unmanned vehicles is raised: the Russian model and that (those) of other countries.


2021 ◽  
Vol 8 (3) ◽  
pp. 105-112
Author(s):  
Pavel P. Kabytov

The reform of control and supervisory activities of business entities, which has been going on for several years, is aimed at increasing the level of security and eliminating excessive administrative burden. At the same time, one of the fundamental principles formulated in modern management science states that prevention is more important than enforcement. In such circumstances, it is crucial to achieve the goals of the ongoing reform of control and supervision activities, such as the reorientation of control (supervisory) bodies from the detection and suppression of offenses to their prevention. The implementation of this direction is conducted through the introduction in various areas of a set of measures aimed at preventing violations of mandatory requirements. The purpose of the study is to systematize the forms and methods used by antimonopoly units to prevent violations. The methods include formal-legal, formal-logical, interpretation of law, as well as general scientific methods. According to the results of the study, the author concludes that the implementation of various forms and methods of state control directly aimed at preventing violations of mandatory requirements, such as preventive measures, administrative prevention measures, and preliminary control, plays an increasingly important role in the activities of antimonopoly authorities. The author has formulated proposals for improving the legal regulation and practice of preventing violations of mandatory antitrust laws by the antimonopoly authorities.


2021 ◽  
Vol 8 (3) ◽  
pp. 57-66
Author(s):  
Dmitriy V. Galushko

International integration processes in the field of education are particularly pronounced within the framework of the European Union, expressed in the creation of the European Higher Education Area, as well as in the intensification of the Bologna processthe system of harmonization of education systems in European countries. The article is devoted to the identification and consideration of the main trends whose influence on the development of the educational sphere can become decisive for its further development. Among those are university autonomy, ensuring and improving the quality of higher education, the process of internationalization, and standardization and digitalization. The methodological basis of the work was well-known general and particular methods of scientific research. The purpose and objectives of the article were to study the relevant problems of legal support for the development of education in the European Union.


2021 ◽  
Vol 8 (3) ◽  
pp. 97-104
Author(s):  
Tatiana S. Seliutina

This article is devoted to issues of national tax system effectiveness and overcoming existing problems with it. Under the current conditions, taxes are the integral lever of government influence on the countrys market economy. As a result, the level of development of the national economy and the conditions in its social sphere are directly influenced by the state of the tax system. The author considers it possible to ascertain the efficiency of the tax system in the broadest sense, namely as an aggregate level of achievement, by its goals. Those goals are set in accordance with the functions of taxation. However, when they are realized, significant disparities and even narrowed interpretations of functions arise. As a result, the existing tax system is flawed and unable to achieve high operational efficiency. As one of the most important problems, the author singles out the problem of incomplete fiscal performance due to insufficient tax discipline arising from a low level of tax culture. The author offers a proprietary interpretation of the factors influencing the specific actions of tax decision makers. From the point of view of tax culture, they are divided into factions that make up the tax culture, factions formed and determined by the prevailing tax culture, and others developed under the influence of alternate circumstances. The author considers the most complete and logical understanding of tax culture to be the level of citizen awareness of the importance of taxes as a source of financing the existence of the state and the performance of its functions. With this interpretation, it is justified to assume that citizens compare the degree of decline in their levels and quality of life due to their taxes, and increases in the quality of their lives by means of the implementation of social and other public functions. The prevalence of the latter leads to increased tax disciplineand the former to its decrease. Although these assessments are always subjective, they can serve as bases for the formation of objective directions for improving the activities of tax authorities and educational institutions and, by extension, the tax discipline of citizens and the business community. The effects are economically measurable and long-term.


2021 ◽  
Vol 8 (3) ◽  
pp. 27-40
Author(s):  
Vasily V. Bychkov ◽  
Vladimir A. Prorvich

For the proper detection, disclosure, and investigation of extremist crimes committed through use of the Internet, it is necessary to create methods for the study of electronic documents and other information contained in systems of various types. At the same time, an important role can be played by information technologies using elements of artificial intelligence, which provide increased capabilities for investigators intellectual activities as a result of interaction with them using a legal algorithmic language. Toward this end, it is necessary to create several types of local thesauri and formalize the relationships between the concepts included therein. The features of control over the formation of detailed criminal law characteristics of crimes of the type under consideration, as well as the processing of information in electronic digital form to obtain the necessary evidence, along with their verification and evaluation, are discussed.


2021 ◽  
Vol 8 (3) ◽  
pp. 9-20
Author(s):  
Nicolay V. Razuvaev

The article discusses the digitalization of law enforcement as the most important trend of post-Russian social development. The author believes that attempts to oppose the transition of postmodern society to digital society are scientifically insolvent for several reasons. First, according to the current consensus, post-contemporary (or post-industrial) society is a stage of sociocultural evolution, when advanced technologies, including information technology, begin to play a leading role, determining the further direction of the development of human civilization. Second, the cultural, social, political, and legal uncertainties of the Postmodern Era are not only not permitted but to some extent are exacerbated by the digitalization of society and law enforcement. Thus, according to the author, the rights of digital society develop tendencies, which, in general, are inherent and natural manifestations of postmodern civilization. As shown in the work, the rights of digital society in the current stage of legal communication development are characterized by a generally greater (compared to preceding stages) accuracy of the iconic means, among which include digital media, as well as their further extraction from objects acting as referred signs. As a result, digital design of the law enforcement generates several problems that have not received adequate solutions. The most important of those solutions include anonymization of the subjects of legal interactions (primarily states and legal entities, but also physical individuals), as well as the divorce from objects to which these relationships are addressed. These trends generate a crisis of confidence for communication participants, which is a key problem of post-hour law enforcement. In order to overcome such a crisis, the author offers the reconstruction of the rule of law based on human rights and freedoms that protect the fundamental identity and ensure the stability and coherence of legal reality.


2021 ◽  
Vol 8 (3) ◽  
pp. 49-56
Author(s):  
Sergey N. Klepikov

This article examines the universal management knowledge and skills required for head state civil officer competence. In this regard, the purpose of the study is to determine what universal management knowledge and skills include and what civil officers should know about management. The author conducts a comprehensive study of the concept of management and identifies an approximate list of civil officer management skills. It concludes that management skills are formed mainly through the constant application of universal management principles.


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