Advertising in Video Games: Legal Qualifications

The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.

Universities as Subjects of Scientific Law

The article analyzes the legal problems of the integration of science and education, offers an assessment of various organizational forms of integration of science and higher education over the past 30 years. The main provisions, stages of implementation and the results of the implementation of various scientific and educational state programs are studied, statistical data are provided that emphasize the increase in the volume of scientific activities carried out in educational organizations (higher educational institutions). The authors investigate the status of educational organizations as subjects of scientific law, emphasize the imperfection of Russian educational legislation regarding the differentiation of educational institutions of higher education and scientific organizations. The article focuses on the study of the positive and negative consequences of the introduction of a new category of higher educational institutions – flagship universities. After analyzing the problems of legal regulation of flagship universities, the authors come to the conclusion that the logical conclusion of the reform of flagship universities can be the establishment of the status of flagship universities in the legislation on education and a clear separation of flagship and federal universities.

The Procedure for the Official Publishing of Regulatory Legal Acts as a Source of Russian Law

The article is aimed at the study of the procedure for publishing of regulatory legal acts in accordance with Russian legislation. Normative legal acts affecting the rights, freedoms and duties of man and citizen are the most important source of Russian law and should be officially published. It is with this fact that the law connects their entry into force. Given that there are no legal definitions of a regulatory legal act, official text, publication, problems arise in law enforcement practice. In addition, the diversity of normative acts by the level of their adoption indicates the diversity of sources of their official publication. This scientific article has been delivered in order to determine the rules for the publishing of laws and other regulations, national and international documents. The author concludes that it is necessary to improve legislation in field and the legal definition of the concepts under study.

The Concept of "Women's Rights" and Constitutional Freedom of Labor: Terminology Clarifications and Implementation Problems

The publication is aimed at defining the essence of the concept of "women's rights". The article shows that the concept of “women's rights” is widely used in the system of normative legal acts in Russia. The domestic legislator, resolutely opposing gender asymmetry, understands the rights of women as a system of integral and inalienable rights, freedoms and obligations for every woman, girl, adolescent girl, regardless of her age, citizenship, race, ethnic or religious affiliation. Using hermeneutic tools, an attempt is made to show the content and problems of the implementation of the labor rights of females. The article emphasizes that horizontal segregation develops under the influence of many factors due to the mentality and preference of various types of activities for men and women. Ultimately, women in general end up with lower income jobs. The authors found that the problems in Russia are the separation of professions into "male" and "female", which entails different wages; the feminization of poverty and unemployment; horizontal professional mobility for women. The increasing number of appeals associated with the violation of the socio-economic rights of women and their making the most of their labor potential become the subject of justice, in particular of constitutional justice in the Russian Federation.

Cash Benefits in Social Welfare: Transformation of Legislation and Scientific Approaches to the Definition of Employed Concepts

The article analyzes the shortcomings of the conceptual apparatus characteristic of the right for social security in designating the types of social security provided in monetary form. In particular, there is a lack of necessary definitions (including key concepts such as "benefits" and "compensation"); lack of uniformity of terms (foregoing, the term "compensation" in some sources is used in the sense of "reimbursement of costs incurred by a person", traditional for the science of labor law, and in others a "civilized" approach to compensation as payments aimed at restoring the property sphere in case of encroachments on intangible goods is applied); "doubling" of concepts (for example, the appearance of "insurance payments" along with insurance "benefits"). Based on the analysis of the current legislation, it is concluded that there is no consistent distinction between the concepts of "benefits", "compensation", and other monetary payments. Nevertheless, a retrospective analysis of the sources of social security law, as well as ideas and approaches formed in science (not without the influence of the science of labor law), allows us to define certain types of social security payments. Unfortunately, they are not always reflected in the legislation on social security, as a result of which the scientific ideas themselves are undergoing changes, in particular, the criteria determining the essence of various social security payments are being enough. It seems that the directions for improving the system of sources of social security law should be the rejection of excessive terminological diversity in determining the types of social security, as well as the orientation to the approaches developed in science to their definition.Thus, it is proposed to use the category of benefits as a universal concept, referring to it social security payments in cash, which do not have specific features of other social security payments.

Terminology Analysis of the Categories "Insolvency" and "Bankruptcy": criminal law aspect

In May 2021, the State Duma of the Federal Assembly of the Russian Federation adopted in the first reading a draft law On Amendments to the Federal Law "On Insolvency (Bankruptcy)" and Certain Legislative Acts of the Russian Federation" (in terms of reforming the institution of bankruptcy). This draft law provides for the differentiation of the concepts of "insolvency" and "bankruptcy". After analyzing the proposed changes, the author of the work came to the conclusion that the differentiation of the concepts under consideration is based on the content of the economic category and is justified, but requires an unconditional change in the criminal law on liability for crimes in the field of insolvency (bankruptcy) and unification of the terms contained in them with regulatory legislation.

The Genesis of the Internal Convictions of a Law Enforcement Officer in the Process of Interpreting the Norms of Law

The article describes the forms of objectification of language in law. Language is considered by the author not just as a way of communicating legal information, but as a mediator of the meaning of law. The role of legal definitions in legal operations is characterized. The language correlates with the spheres of the spirit of law and the legal process. Language is an important nation-forming factor. It is not limited to providing communication between subjects using verbal and non-verbal means. In the legal sphere, the word carries the spirit of law, for it is the embodiment of this spirit. Receiving a linguistic expression, the spirit of law is objectified. At the same time, the legal literature presents a limited view on the functions of language in law. As a rule, they include display function(expression of the will of the legislator outside) and communicative one (bringing this will to the attention of participants in public relations). At the same time, the most important functions of language in law are ignored: system-preserving, meaning-forming and spiritual. At the same time, the author warns against the absolutization of linguistic means in law.

On the Results of the Expertise of Normative Acts of the Regions of the Russian Federation and Foreign Countries to Identify the Best Practices of Legal Regulation of Children and Youth, Student and Adaptive Sports

The article describes the results of the expertise of normative acts of 22 regions of Russia, carried out by the authors in order to identify the best practices of legal regulation of children and youth, student and adaptive sports. The analysis of the listed normative acts has showed that the provisions on youth, student and adaptive sports were reflected through the consolidation of the relevant norms as the powers of the authorities of the subjects, the powers of local governments, priority areas of support or principles of legislation, provisions on additional support. Some normative acts contain separate articles or chapters devoted to physical education and the development of physical culture and sports in educational organizations, as well as devoted to adaptive physical culture. The provisions on children and youth, student and adaptive sports are most extensively reflected in the corresponding laws of the city of Moscow, the Republic of Sakha (Yakutia), Sverdlovsk Oblast, the Omsk Oblast, the Novosibirsk Oblast. The studied issue has received the smallest amount of legal regulation in the law of the Samara Oblast. The article also provides the results of a selective expertise of the regulations of the autonomous communities of Spain and the regulations of some US states. Based on the results of the expertise, recommendations have been formulated for the further improvement of the Russian regional legislation in the studied field. In particular, it has been recommended to formulate and consolidate the norms determined by the characteristics of a particular region, to include them in the text of law provisions on specific measures, in particular, on the development of sports infrastructure, using the possibilities of the institution of social partnership, to include provisions aimed at creating a positive attitude towards a healthy lifestyle and sports from an early age, tolerant attitude towards physically impaired athletes.

On the Definitions Used in Sports Law

The article concentrates on the study of the basic concepts used in the text of the Federal Law of December 4, 2007 N 329-FZ «On physical culture and sports in the Russian Federation». The definitions of the concepts «sport» and «physical culture» are analyzed. The authors have concluded that the legal definition of sport is consistent with the broad understanding of this phenomenon in science. It has been proved that the legislator uses the constitutive features of sport and physical culture in a contradictory way when giving other definitions. This problem has been revealed during the study of the concepts: «school sport», «student sport», «corporate sport», the content of which combines both features of sport and features of physical culture. The authors also propose to distinguish between the physical education for physically impaired people and persons with disabilities, aimed at rehabilitation and sports activities of the same categories, aimed at achieving purely sports results by developing appropriate definitions and fixing them in the text of the studied law. Attention is drawn to the impossibility of determining the ratio of such concepts as «corporate sport» and «sport at the place of work», «sport at the place of residence and recreation» and «mass sport» for reasons caused by defects in legislative technology. Such categories as «professional sports», «sports of the highest achievements» and «mass sports» are discriminated. The position is expressed that the absence of the term «amateur sport» in the studied law has objective reasons and is not a disadvantage. In conclusion, the authors state that it is necessary to elaborate the concepts under study and their terminological improvement. Such a measure will allow not only to improve the text of the studied law from the standpoint of legislative technique, but also to clearly formulate the subject of sports law.

Legal Status of Collective Subjects of Scientific Work

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.