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Moscow Juridical Journal

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No 3 (2021)
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7-14 111
Abstract
Aim. To reveal the main features and content of the constitutional and legal category of sociality. Methodology. The research used forecasting methods, as well as dialectical, comparative and formal-logical methods. Results. The study emphasizes that sociality is a diverse phenomenon. It may well be characterized as the basis of a social society, a welfare state and state social policy. Sociality accompanies any types of associations of people, and first of all, it is a category of society, in it - to the extent of strength and development - it finds this or that embodiment. Research implications. The research results contribute to the science of social security law, the concept of social rights and the welfare state, forming new directions of scientific research.
15-25 124
Abstract
Aim. To identify problems and find optimal approaches to the introduction of electronic voting in municipal elections in Russia. Methodology. Analysis of regulation and implementation of mechanisms of stationary and remote electronic voting was carried out. During the work, methods were used: dialectical approach, systemic-structural, formal-legal, comparative legal, axiological, etc. Results. The problems and limitations of the electronic voting use are identified. It can only become an auxiliary method of voting at modern municipal elections. General approaches to its further development and improvement are proposed. The importance of ensuring security and confidentiality of electronic voting in line with the concept of «chain of trust» is given ground for. At the same time, the identified problems require not abandoning modern technologies, but their improvement and adaptation to the legal realities in Russia. Research implications. The author proposes directions for the development of electronic voting, associated with expanding the coverage of electronic voting technologies in municipalities of Russia, increasing transparency and transparency for voters in the processes of registering their votes and ensuring the secrecy of expression of will. The significance of the experience of the municipal level of organizing elections is seen in the fact that this level of public authority, which is the closest to the population, has become an experimental platform for accumulating and generalizing the experience of organizing and conducting electronic voting, primarily remote voting.

THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

26-38 128
Abstract
Aim. To find out the peculiarities of modern educational relations in the system of public relations, which are the subject of legal regulation. Methodology. The study used: a comparative legal method, a historical approach, an analysis of regulatory legal acts in the field of education and legal practice of educational organizations, as well as statistical methods Results. The study of the theme made it possible to conclude that nurturant relations in modern society are not identical to educational ones. They can be legal in nature and constitute an independent subject of legal regulation, differing in a specific set of legal means of influence. In addition, they are always aimed at a person as an individual or at a group of people, and do not apply to legal persons or persons without consciousness. The ultimate goal of legal influence in the framework of nurturant relations is not the training of the personality, not lack of development of its logical and normative component of legal consciousness, but other than the initial characteristics of behavior, namely: the transformation of its motivational component of legal consciousness, which is manifested in the development of intelligence and legitimate human acts (consistent with the principles of justice, reflecting the current system of values). Law formalizes the means and methods of legal regulation of nurturant relations on which their effectiveness depends. Modern nurturant relations can be effective if they are characterized by a subject-subject approach, are built on a value basis adequate to modern society. In the context of the development of digital society, technological singularity, the transformation of human existence, it is nurturant relations that should be the object of close attention to law and the state. The future of human civilization depends on their quality. The work provides specific recommendations regarding the development of regulatory legal acts regulating nurturant relations. Research implications. The obtained data can be used in the work on the organization of nurturant activities in the system of higher education, in the process of studying the issues of legal education within the framework of the theory of state and law.
39-53 121
Abstract
Aim. To logically formulate the problem of legal thinking of artificial intelligence and the emerging legal relationship between biological and non-biological intelligence at an early stage of artificial intelligence development, capable of claiming the role of conventional legal theory and providing a satisfactory explanation of one or another social and legal relationship based on their nature. Methodology. When working on the article, the authors studied a large volume of scientific and legal literature, numbering about 70 sources, some of which were little known to the Russian scientific community or were first introduced into scientific circulation. The methodological basis of the study is a complex of general scientific and special legal methods, in particular, the systemic method, analysis, synthesis, generalization and forecasting. Besides, a formal legal method was used for the purpose of analyzing regulatory legal acts, as well as a comparative approach when analyzing foreign and Russian sources. The historical and legal method made it possible to consider the origin, formation and development of natural and positive law in chronological sequence, taking into account modern technological features. Results. In the course of the research: 1) a careful attempt was made to describe the genesis of philosophical (natural) law through theoretical constructions in the form of a natural process from the ontological principle to the axiological one; 2) consistently collected and analyzed various existing scientific-philosophical and religious-philosophical approaches to natural law, categories of good and evil, as ontological and axiological principles of law; 3) offered answers to the main questions of the philosophy of law; 4) an abstract legal structure is formulated in the form of a pyramid of abilities, which makes it possible to give a satisfactory answer to the question about the laws of natural law processes and describe their possible trajectories in the future. Research implications. The scientific novelty of the work lies in anticipating the regulation of legal relations associated with the emergence of artificial intelligence and personified value categories in the latter, which are different from human ones. The results of the work can be used in teaching such disciplines as «Philosophy» and «Philosophy of Law».
54-64 316
Abstract
Aim. To explore the essence and legal nature of "deepfakes", the latest technology based on the use of generative-adversarial neural networks, which in the near future can become a threat to national security, as well as to study the level of legal regulation of artificial intelligence in Russia and abroad. Methodology. The article discusses specific examples of the use of deepfakes in the US elections. Methods of analysis and synthesis, deduction and induction, generalization, abstraction, formal legal, comparative legal methods were used in the research. Results. In the course of the work, the essence and main types of digs used for illegal purposes were identified, the conclusion was made that an international convention on the regulation of digs should be adopted. Research implications. The results of the research contribute to the theory of state and law in the theory of information law.
65-76 164
Abstract
Aim. Scientific consideration of the prospects for the transformation of law in connection with the factor influence of the development of artificial intelligence (AI) technologies. Methodology. An analysis of the modern world futurological and prognostic discourse was carried out in terms of the possible artificial intelligence influences on the field of law. The source basis of the study is primarily the texts of futurological discourse, reflecting ideas about the technological changes impact on the field of law. Materials from sociological surveys reflecting the perception of artificial intelligence by the Russian population and giving appropriate projections regarding the diagnosis of legal consciousness are also used. Results. During the work, topical aspects of the legal regulation of the introduction of artificial intelligence technologies were identified. Trends and prospects for the transformation of law in the field of public relations related to the use of AI are outlined. It was concluded that the lengthy procedure for adopting laws protects against the process of technological updating. The importance of adopting universal legal approaches to the development of artificial intelligence technologies at the international level, which would lay down general principles for the long term, is emphasized. Research implications. The results of the study contribute to the theory of digital law through the categorical clarification of a number of concepts, creating the prerequisites for a further in-depth conceptual study of legal phenomena.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

77-85 129
Abstract
Aim. With use of analysis of both constitutional amendments and legislative changes in the "mechanism of non-execution" which have occured due to decisions made by interstate bodies adopted on the basis of international treaties of the Russian Federation, find out their interpretation that contradicts the Constitution of the Russian Federation. Methodology. The research is based on the application of general scientific methods and techniques: analysis, generalization, induction, as well as on special methods of scientific knowledge: formal-legal, comparative-legal, technical-legal. Results. Based on the study of the source base of the study, it was found that the Constitution of the Russian Federation sets out legal criteria assess the limits of interference of international bodies and courts in national jurisdiction, while maintaining the recognition of the binding nature of the international obligations assumed by Russia. Research implications. The results obtained in the course of the study enrich the constitutional and legal theory to a certain extent and can contribute to the development of the Russian legal order and the improvement of law enforcement practice.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

86-97 161
Abstract
Aim. To uncover issues defining the essence of the legal nature of property asset management contract and relations arising on its basis. Methodology. Modern approaches to understanding certain aspects, as well as law enforcement practice, are analyzed. During the study, methods of analysis and comparison were used, as well as methods of superimposing some data on the other ones in order to identify contradictions. Results. The work revealed differences of doctrine and legal regulations and formal logic. The results obtained allowed the author to propose his own solution to the relevant issues that determine the legal nature of relations arising from property asset management. Basic principles of the nature of the analyzed relations are analyzed. Research implications. The presented research makes a certain contribution to the development of the modern theory of civil law on the issues of trust management.
98-103 119
Abstract
Aim. To consider tools for checking the counterparty for trustworthiness at the transaction stage, which will identify potential risks in cooperation with the selected partner. Methodology. During the research, methods of observation, generalization, description and the dialectic method were applied, the most frequent and relevant risks were assessed, and empirical material was analyzed. Results. Based on the results of the study, the author concluded that at the stage of concluding a deal with a new or permanent counterparty, it is advisable and possible to use the available methods of checking its reliability, allowing to draw relevant conclusions about the prospects for further cooperation and possible risks. Research implication. The article formulates proposals for verification counterparties, guided by which it will be possible to obtain the necessary information and identify the checked counterparty on the grounds of a one-day company and a company on the verge of bankruptcy, or a bona fide organization that will properly fulfill its contractual obligations, which will avoid the occurrence of negative consequences after the conclusion of the transaction.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

104-110 141
Abstract
Aim. To conduct a comparative study of the objects of crimes under article 205.6 of the Criminal Code of the Russian Federation (non-reporting of a crime) and article 390 of the Criminal Code of the Socialist Republic of Vietnam (non-reporting of a crime). Methodology. During the research, the following methods were used: analysis, synthesis, comparative, historical and legal, logical systemic. Results. In the course of the work, positive aspects of the design of norms providing for liability for failure to report a crime were identified, which can be used to improve criminal legislation. Research implications. The results of the study deepen the existing scientific perspectives and the foundations of new doctrinal provisions related to the formulation of Vietnamese legislation providing for the institution of non-reporting a crime.
111-117 160
Abstract
Aim. The article is devoted to the statistical analysis of crimes committed in the form of an organized criminal group and a criminal community in the field of economic activity. Methodology. The analysis was based on the data on the proven facts of complicity in the form of an organized criminal group or criminal community, presented by certain forms of statistical reporting of the GIAC of the Ministry of Internal Affairs of Russia. Results. The article deals with certain problems arising in the process of investigation, disclosure of the facts of committing crimes in the form of an organized criminal group and a criminal community in the field of economic activity. Research implication. The theoretical and practical significance is represented by the following conclusions. The use of official statistical estimates to measure the level of organized crime in economic activity leads to errors in assessing its quantitative perception and use in predictive and preventive activity. Organized crime in the context of a pandemic has acquired a new vector of its development and has made it possible to transform into new types of economic activity.
118-130 83
Abstract
Aim. To investigate the system of crimes against human freedom under the current criminal legislation of the Russian Federation. Methodology. The designations of the indicated groups of crimes used in the literature and judicial practice are analyzed. The options for expanding the list of norms on crimes against human freedom are investigated. Methods of analysis and synthesis, legal comparative studies, logical-legal method are used in the work. Results. The analysis revealed scientifically grounded designations for crimes under Art. 126-128 of the Criminal Code of the Russian Federation, groups of investigated crimes are identified. Research implications. The research results make a theoretical contribution to the development of the fundamental principles of combating crimes against human freedom.


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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)