Education: Public Good vs Service

The article presents an overview of the round table on the topic: ‘Educational service: problems of theory and practice’, held at St. Petersburg State University, where the issues of the legal nature of education, its essence and content were discussed.

Challenging Issues of Exercising of Rights to Publication of Scientific Articles by Authors

Purpose. Through the prism of the constitutional right of a person and a citizen to freedom of creativity, to identify and consider the problems that arise for authors of works when submitting articles to peer-reviewed scientific publications. To analyze the existing rules used by the editors of scientific publications, including claims arising out of the use of the reporting system ‘anti-Plagiarism’, the problems arising from reviews of specialists, especially at the intersection of science, as well as to evaluate the practice of bounce editors of scientific journals authors in the publications on legitimate grounds contrary, including the principles of publishing ethics, reflected in the recommendations of the Committee on publication ethics (COPE). The research methodology is based on the method of systematic analysis of legislation and existing practice, as well as on dialectical, logical, and formal-legal research methods. Conclusions. As a result of the research, the problems of the author’s dependence on illegal and sometimes illegal requirements that violate his rights when publishing articles in peer-reviewed scientific publications are revealed. The scientific and practical significance of the article lies in the formulated conclusions and proposals that will contribute to the realization of the author’s right to publish his work while fulfilling the fair and legitimate requirements imposed by the editorial offices on scientific works.

On the Improvement of the Administrative Law Regulation in the Economy Digitization Conditions

The purpose of this article is to identify the main directions for improving administrative and legal regulation in the field of digital technologies application. The article notes that the development of information technologies will lead to a significant transformation of the entire array of legal regulation and law enforcement practice in our country, which will affect both traditional areas of legal regulation (civil circulation, intellectual property, antitrust regulation, special legal regimes, standardization, labor legislation, security , countering terrorism, extremism, corruption, etc.), and will lead to the emergence of a number of new areas in law (change management, ‘LegalTech’, integration regulation, digital environment of trust, financial technology, big data, cyber-physical systems, etc.). The methodological basis of the work is formed by general scientific and specific scientific (logical-legal, comparativelegal, descriptive, content-analysis) methods of cognizing legal reality. Conclusions. All the above directions of development of legal regulation will affect the institutions of modern public administration and will lead to a systemic change of the existing administrative and legal superstructure, which necessitates the development and implementation of measures to comprehensively protect the rights and freedoms of man and citizen from possible threats associated with the expansion of opportunities for illegal use information technologies. The scientific and practical significance of the work lies in the substantiation of practical proposals for improving the current administrative legislation in the field of creating the administrative and legal foundations of e-government, the formation of administrative and legal tools for communication processes of public administration entities, the adoption of administrative legal acts in the development of a system of digital services for citizens and organizations.

Legal Capacity of an Individual and an Individual Entrepreneur: A Comparative Law Aspect

Purpose. The article is devoted to the consideration of theoretical and practical issues that reflect the legislative requirements and the practice of applying the norms of civil law imposed on the characteristics of the status of an individual entrepreneur in comparison with the status of an individual. Methodology: dialectical method of scientific cognition, system approach, methods of deterministic factor analysis. Conclusions. The author draws attention to a number of theoretical and legal controversial provisions outlined by civil legislation and the practice of its application. The comparative legal study analyzes the characteristics of civil legal personality; and the distinction between the statuses of an individual and an individual entrepreneur in civil relations. The article emphasizes the openness of a number of issues that require legislative solutions and the correct position of the judiciary. In particular, in the theory of civil law, the discussion does not stop about whether all the components of the legal capacity and legal capacity of a citizen as an individual apply to an individual entrepreneur? Substantiates the position that the actions of persons engaged in entrepreneurial activities without forming a legal entity in violation of the requirements of state registration, shall be subject to the legal assessment of the criminal code and administrative code. The author considers it reasonable to disclose the legal personality of an individual entrepreneur as a consistent extension of the general legal personality of a citizen. When forming judicial practice, we consider it correct to clearly adhere to the position that arbitration courts consider only those cases involving individual entrepreneurs in which the disputed legal relations are caused by the implementation of entrepreneurial activities. Scientific and practical significance. Analytical information and conclusions may be of interest to teachers and researchers, business entrepreneurs, legal practitioners accompanying business transactions, as well as to law students.

Comprehension Approach to the Study of Law and Law Enforcement in the Works by Professor A.V. Fedorov

Purpose. The article is devoted to the 65th anniversary of the famous practitioner and scientist — Professor Alexander Fedorov. It provides brief information about the hero of the day, data on the main directions of his scientific research and published works, and concludes that he formed an intersectoral scientific school of combating crime with an emphasis on the comprehensive approach to the study of law and law enforcement inherent in this researcher. The purpose of the article is to promote the most significant works of famous Russian scientists. Methodology: dialectics, hermeneutics, synergetics. Conclusions. The article shows that it is practice that determines the need for conducting appropriate legal research, since legal science cannot be divorced from the realities of life, but is derived from them, providing the solution of practical problems. In turn, legal practice, first, is largely based on the results of previous scientific activity, and secondly, ultimately aimed at solving practical problems. Scientific and practical significance. The article proves that, on the one hand, legal practice is a source of development of legal science, and on the other hand, legal science largely determines what legal practice should be. At the same time, both science and practice in their combination in this article successfully develop a comprehensive theory of law.

The Definition of Digital Criminalistics as the Origin of a Misleading Direction in Science. Part 2

Purpose. To compare and analyze the trend of appearance of the pseudo-term ‘digital criminology’ in the science of criminology and prove that this is incorrect. Methodology: induction, deduction, synthesis, analysis, formal legal method, comparative legal method, logical method. Conclusions. The evolution of methods of committing crimes and instruments of crime does not always require the evolution of the science of criminology and the emergence of its varieties. You just have to assess the prospects of extrapolative ways and methods of proving the circumstances of the crimes in the era of digitalization of social relations, in terms of the provisions of modern criminal law and only criminal-legal research unit. The definition of ‘digital criminalistics’, which has recently appeared in science, actually misleads the scientific community with its novelty and originality, since such criminalistics in nature does not exist a priori. It is necessary to speak only about forensic or expert research of carriers of digital (electronic or computer) information. In criminalistics, it is logical to develop a new direction-the forensic study of electronic media of digital information and the use of computer expertise in establishing all the circumstances of the crime committed. And this is just a new section of forensic technology, studying a new subject of research for this naki. Here, the traditional forensic methodology should be applied, which will be aimed ‘atlinking’ the electronic carrier of digital information and the digital information itself to a specific crime and to a specific person. Scientific and practical significance. The research is aimed at orienting forensic theory and practice towards the study of specific objects and contributes to the fact that all these studies are further applicable to the practice of crime investigation, and not only for theoretical purposes.

Some Issues of the Use of Technical Means and Visual Aids in Teaching Criminalistics

Purpose. Improving the quality of teaching criminalistics for students and undergraduates of law schools, strengthening the practical component of educational activity. Methodology: the methods of dialectics, the historical and legal method, the method of intersectoral legal research, the comparative legal method are used. Conclusions. The proposed approaches to the use of technical and visual aids in forensic science have proven to be highly effective in the teaching activities of the author. These approaches are aimed at the formation of professional special competencies among students. Scientific and practical significance. The proposed approaches can contribute to further research in terms of improving the effectiveness of domestic legal education. The results of the study can be introduced into the activities of law schools not only in the discipline of ‘forensics’, but also in other legal disciplines.

Issues of Remote Teaching of Technical and Criminalistic Means of Evidentiary Information Collection

Purpose. To formulate the problem and identify ways to improve the quality of distance learning in technical and forensic methods of collecting evidentiary information. Currently, there are serious difficulties in teaching these techniques due to the limited possibilities of using traditional methods of visualization in the presentation of technical and forensic recommendations and direct control over the correctness of their implementation. This significantly reduces the effectiveness of conducting classes remotely. Methodology: forensic technology as a branch of criminology, pedagogy, psychology. Results. The distance form requires the adjustment of traditional methods and means of teaching technical and forensic techniques, wider use of the possibilities of computer technologies to increase the visibility when demonstrating these techniques, as well as for practical mastery of them by students. Discussion. The discussion and further development of the problems raised in the article will contribute to the development of the theory and practice of distance learning in forensic technology, both in the field of criminology and in other academic disciplines. The article contains specific proposals for the development of technical and forensic techniques that can be used in the educational process.

On Understanding of Digital Financial Assets

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Transformation of Legal Education in the Conditions of Digitalization, Information Technology and LegalTech Projects Development

The purpose of the article is the determination of the meaning and directions of the efficient use of information technology in the development of modern legal education. The methodology of the research carried out in this article consists in a complex review of present-day challenges and problems of legal education in the conditions of digitalization, widespread distribution of information technology and LegalTech projects based on analysis, deduction, formal legal and comparative methods. Conclusions. The author notes the great importance of the development, deployment and advancement of cutting edge computer educational system, changing the student training method (application of distant learning systems, interactive law teaching methods, application of presentation technology, use of inter-disciplinary technologies, modern methods of comparative legal studies, legal translation, etc.), development of clinical legal education with the use of information technology, teaching future lawyers the bases of coding, inter-disciplinary and inter-university cooperation against the background of the required transformation of legal education. The development of blockchain skills, LegalTech tools, controlled use of artificial intelligence within the statutory established limits seems the main direction of the transformation and improvement of the world’s legal education. Scientific and practical relevance. The carried out analysis of various aspects of the transformation of legal education in the conditions of digitalization, information technology and LegalTech project advancement is aimed at helping students, lecturers, curriculum developers to set up optimal educational processes with the use of information technology. Opinions on the use of information technology in the legal practice, implementation of LegalTech projects can be used by lawyers in practice.